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v88.6
Federal Corporate Law and the Business of Banking
Lev Menand
Lecturer in Law and Academic Fellow, Columbia Law School.

We thank Dan Awrey, Lucian Bebchuk, Ryan Bubb, Jeff Gordon, David Grewal, Bob Hockett, Howell Jackson, Rob Jackson, Lina Khan, Joshua Macey, Gillian Metzger, Saule Omarova, Ganesh Sitaraman, Joe Sommer, Mike Townsley, Art Wilmarth, and the participants in the 22nd Annual Law & Business Conference at Vanderbilt Law School, the Wharton Financial Regulation Workshop, the Columbia Law School Blue Sky Workshop, and the 11th Labex ReFi-NYU-SAFE/LawFin Law & Banking/Finance Conference for their helpful comments and insights.

Morgan Ricks
Professor of Law and Enterprise Scholar, Vanderbilt University Law School.

It is a bedrock (though still controversial) principle of U.S. business law that corporate formation and governance are the province of state, not federal, law.

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v88.6
Asymmetric Subsidies and the Bail Crisis
John F. Duffy
Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law.
Richard M. Hynes
John Allan Love Professor of Law and Nicholas E. Chimicles Research Professor of Business Law and Regulation, University of Virginia School of Law.

We thank Josh Bowers, Kellen Funk, Sandra Mayson, John Monahan, Megan Stevenson, Stephen Ware and workshop participants at the University of Virginia and at the Scalia Law School of George Mason University for valuable comments. We thank Christian Fitzgerald, Ariel Hayes, Caitlyn Koch, Molly Mueller, and Louis Tiemann for valuable research assistance. We also thank Paul Prestia for responding to our inquiry on a factual matter. All errors remain our own.

The last several years have seen “a truly astounding” and “unprecedented” outpouring of scholarship and commentary decrying the large number of individuals held in pretrial detention, measuring the negative social consequences of such detention, and debating what to do about it.

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The Pigouvian Constitution
Peter N. Salib
Climenko Fellow and Lecturer on Law, Harvard Law School.

Thank you to William Baude, Omri Ben-Shahar, Joseph Blocher, Joshua Braver, Kiel Brennan-Marquez, Jacob Bronsther, Ryan Copus, Andrew Manuel Crespo, Gregory Elinson, Richard H. Fallon, Jr., Jacob E. Gersen, Daniel Hemel, Louis Kaplow, Guha Krishnamurthi, Jonathan S. Masur, Alexander Platt, Blaine G. Saito, Steven Shavell, Matthew C. Stephenson, Lior J. Strahilevitz, Susannah Barton Tobin, Laura Weinrib, Sarah Winsberg, Carleen Zubrzycki, and the participants in the Harvard Law and Economics Workshop for valuable comments and suggestions. Thanks also to Michael Hornzell for excellent research assistance. Finally, thanks to the editors of the University of Chicago Law Review for their hard work and insightful comments.

Gun deaths are on the rise in the United States, recently reaching levels not seen since the 1970s. Fake news is spreading like wildfire across social media, damaging reputations and confusing voters.

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Trademark Law Pluralism
Daniel J. Hemel
Professor of Law and Ronald H. Coase Research Scholar, The University of Chicago Law School.

For helpful comments on earlier drafts, we thank Barton Beebe, Robert Bone, Christopher Buccafusco, Jeanne Fromer, Mark Lemley, Jake Linford, Desiree Mitchell, Lisa Ramsey, Xiyin Tang, and Rebecca Tushnet.

Lisa Larrimore Ouellette
Professor of Law and Justin M. Roach, Jr. Faculty Scholar, Stanford Law School.
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v88.4
Federal Rules of Platform Procedure
Rory Van Loo
Associate Professor of Law, Boston University; Affiliated Fellow, Yale Law School Information Society Project

For valuable input, I am grateful to Hannah Bloch-Wehba, Kiel Brennan-Marquez, Danielle Citron, Julie Cohen, Christina Koningisor, Megan Ericson, Nikolas Guggenberger, Thomas Kadri, Daphne Keller, Louis Kaplow, Mark Lemley, Ngozi Okidegbe, Przemysław Pałka, Mitchell Polinsky, Steven Shavell, David Walker, editors at The University of Chicago Law Review, and participants at Boston University School of Law faculty workshop, Brooklyn Law School faculty workshop, Harvard Law and Economics Seminar, Junior Tech Law Scholars workshop, and Stanford Law and Economics Seminar. Brianne Allan, Jacob Axelrod, Samuel Burgess, Leah Dowd, Derek Farquhar, Shecharya Flatte, Chris Hamilton, Jack Langa, Kathleen Pierre, Tyler Stites, and Gavin Tullis provided excellent research assistance.

In the fall of 2017, the world’s largest social network put hundreds of women in “Facebook jail,” indefinitely suspending their accounts for posting “men are scum.”

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v88.4
Deal Protection Devices
Albert H. Choi
Professor of Law, University of Michigan Law School

I would like to thank workshop participants at the law schools of Columbia University, University of Michigan, and University of Southern California; conference participants at the 2018 Trans-Pacific Business Law Conference and the 2020 Winter Deals Conference; and particularly Dhruv Aggarwal, Adam Badawi, Elisabeth de Fontenay, Joel Friedlander, Jeff Gordon, Michael Knoll, Vice Chancellor Travis Laster, Brian Quinn, and Bob Scott for many helpful comments and suggestions. Comments are welcome to alchoi@umich.edu.

On April 12, 2018, two wholesale office supply companies, Genuine Parts Corporation (GPC) and Essendant, Inc., agreed to combine their office supply businesses in order to better compete against e-commerce sellers, such as Amazon.com, Inc.

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v88.3
Rethinking Nudge: An Information-Costs Theory of Default Rules
Oren Bar-Gill
William J. Friedman and Alicia Townsend Friedman Professor of Law and Economics, Harvard Law School.
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, Kearney Director of the Coase-Sandor Institute for Law and Economics, The University of Chicago Law School.

For helpful comments and suggestions, we thank Matthew Adler, Mireia Artigot i Golobardes, Ian Ayres, Lucian Bebchuk, Hanoch Dagan, John Donohue, Avihay Dorfman, Abigail Faust, Rosa Ferrer, Michael Frakes, Juan-José Ganuza, John Goldberg, Jacob Goldin, Fernando Gómez, Assaf Hamdani, Sharon Hannes, Alon Harel, Louis Kaplow, Kobi Kastiel, Roy Kreitner, Tamar Kricheli-Katz, Florencia Marotta-Wurgler, Alan Miller, A. Mitchell Polinsky, Ariel Porat, J. Mark Ramseyer, Barak Richman, Adriana Robertson, Steven Shavell, Henry Smith, Holger Spamann, Cass Sunstein, George Triantis, David Weisbach, and workshop participants at Bar-Ilan University, Chicago, Duke, Haifa University, Harvard, Stanford, Tel Aviv University, and Universitat Pompeu Fabra. Emily Feldstein and Haggai Porat provided outstanding research assistance.

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v88.3
Qualified Immunity's Boldest Lie
Joanna C. Schwartz
Professor of Law, UCLA School of Law.

For helpful comments on earlier drafts, thanks to Karen Blum, Roger Clark, Barry Friedman, Christopher Kemmitt, James Pfander, Richard Re, Alexander Reinert, Lou Reiter, Jack Ryan, Seth Stoughton, and Stephen Yeazell. For help constructing the dataset of Ninth Circuit cases, many thanks to John Wrench and Anya Bidwell. For excellent research assistance, thanks to Bryanna Taylor and Hannah Pollack. Thanks also to the editors at The University of Chicago Law Review for excellent editorial assistance.

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v88.2
The Corpus and the Critics
Thomas R. Lee
Associate Chief Justice of the Utah Supreme Court and Distinguished Lecturer in Law at Brigham Young University J. Reuben Clark Law School, Lecturer on Law at Harvard Law School, and Lecturer in Law at The University of Chicago Law School.

The authors acknowledge the editorial input of James Heilpern and Benjamin Lee, who contributed to an early draft of this paper, and express thanks to those who commented on earlier drafts or offered insights in response to presentations in various conferences, symposia, and talks. Thanks to the Association of American Law Schools and Brigham Young University, who each sponsored conference sessions at which the ideas in this piece were initially vetted. Thanks also to Seth Cannon, Brian Casper, Dante Chambers, Spencer Crawford, Josh Jones, Zachary Lutz, Christopher Melling, Elizabeth Nielson, Monick Perone, Jackson Skinner, and Kyle Tanner for their able research assistance.

Stephen C. Mouritsen
Shareholder at Parr Brown Gee & Loveless and Adjunct Professor at Brigham Young University J. Reuben Clark Law School.

A decade ago we proposed the use of the tools of corpus linguistics in the interpretation of legal language.

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v88.2
Competing Algorithms for Law: Sentencing, Admissions, and Employment
Saul Levmore
William B. Graham Distinguished Service Professor of Law, The University of Chicago Law School.

We benefited from discussions with colleagues at a University of Chicago Law School workshop and with Concetta Balestra Fagan and Eliot Levmore.

Frank Fagan
Associate Professor of Law, EDHEC Business School, France.

When the past is thought to predict the future, it is unsurprising that machine learning, with access to large data sets, wins prediction contests when competing against an individual, including a judge. Just as computers predict next week’s weather better than any human working alone, at least one study shows that machine learning can make better decisions than can judges when deciding whether or not to grant bail.

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