Vol. 117 No. 5


Symposium

INTRODUCTION

James B. Comey*

  For the past few years, our nation has been engaged in a broad and passionate discussion about crime and policing. It is a dialogue that is as important as it is difficult. It is also one that defies simple answers, as tempting as those might be. We need better, more informed conversations about this […]


In memoriam

TRIBUTE TO JACK GREENBERG

Theodore M. Shaw*

  On October 12, 2016, Jack Greenberg passed into immortality. Born on December 22, 1924, during a life spanning ninety-two years he helped to change the world around him and to make it infinitely better. I have often said that Jack Greenberg had as much influence on our country through the law as any attorney […]

Immigration
Note

THE REFUGEE CRISIS AS CIVIL LIBERTIES CRISIS

Eric A. Ormsby*

The number of refugees worldwide has expanded dramatically in the first decades of the twenty-first century, with tens of millions of people forced to seek shelter outside their countries of origin. Currently, the most critical form of protection that people in this vulnerable position are guaranteed is the duty of non-refoulement. This duty ensures that countries to which refugees flee cannot return them to places where their lives may be endangered.[...]

Administrative Law
CLR Online

THE NEW LEGAL CRITICISM

Robin West*

Introduction Professors Hanoch Dagan and Avihay Dorfman’s article Just Relationships is a fundamental reinterpretation of the moral ideals of large swaths of private law. Its significance, however, may go beyond even that broad ambition. In this Response, I suggest that Just Relationships is also an exemplar—perhaps par excellence—of an emergent form of critical discourse, which […]

Legal Theory
CLR Online

THE CATHEDRAL THROUGH THE LOOKING GLASS: A COMMENTARY ON DAGAN AND DORFMAN’S JUST RELATIONSHIPS

Benjamin C. Zipursky*

Introduction In their edifying and ambitious recent article Just Relationships, Professors Hanoch Dagan and Avihay Dorfman suggest that everyone before them has erred in their account of the distinction between public law and private law. Classic liberal scholars—a category meant to cover Thomas Hobbes and William Blackstone through the nineteenth century to Richard Epstein, Ernest […]

Contracts
Article

CONTRACTING OUT OF THE FIDUCIARY DUTY OF LOYALTY: AN EMPIRICAL ANALYSIS OF CORPORATE OPPORTUNITY WAIVERS

Gabriel Rauterberg* & Eric Talley**

For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s[...]

Reproductive Rights
CLR Online

DOV FOX ON REPRODUCTIVE NEGLIGENCE: A COMMENTARY

Robert L. Rabin*

Introduction The best laid plans of mice and men go oft astray. For many years, John and Mary have carefully used birth control in order to pursue their joint careers as rising academics, and at the same time, realize (in summertime getaways) their major passions for explor­ing ancient civilizations and sites of Renaissance art and […]