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Text of the page (random words):
stitutionalizing forms of sectoral bargaining yet critics me included have questioned whether many concrete examples such as wage boards actually involve bargaining at all professor cynthia estlund asserts they are systems of sectoral regulation not bargaining enter professor sara slinn in her upcoming chapter analytical framework for understanding broader based and sectoral bargaining models professor slinn maps what counts as sectoral bargaining and what other tools exist she argues that reform debates stall because scholars and policymakers use terms like multi employer broader based and sectoral interchangeably even though they describe different arrangements without a shared vocabulary reform fragments in other words reformers need a clear analytical framework continue reading tools to clear the sectoral bargaining fog cash for compliance buying obidience after death jun 10 2026 gerry w beyer trusts estates william a drennan r i p a financial incentive to protect your cadaver 129 penn st l rev 667 2025 gerry w beyer who wouldn t want to control things even after death the chance that your surviving family will not obey your wishes after you die is exactly why you create a last will and testament we all long to control where our money and property goes but shouldn t people also be concerned with what for some of us is most important of all where our body goes william a drennan s r i p a financial incentive to protect your cadaver suggests a clever way for individuals to control the disposition of their body through financial incentives this is valuable to everyone who wishes to have a body disposition different from what family members want for them as well as those who desire a unique or untraditional disposition drennan s suggestion of financial incentives gives everyone what they want you choose how to dispose of your final remains while your survivors get your cash in this article drennan points out although people have substantial control over what happens to their property after death they have less power over what actually happens in the disposition of their own bodies the article explains that state laws permit family members to override decedents instructions concerning the handling of their corpse to address this drennan proposes the use of a financial incentive clause that gives the living family members a gift when and if they comply with a decedent s specific disposition method the article looks at the practicalities enforceability and public policy implications of this proposal while also uncovering philosophical tension between the rights of the dead and the interests of the living continue reading cash for compliance buying obidience after death collaboration and cooperation under contract law jun 9 2026 hila keren contracts sarah dadush shared responsibility in american contract law tennessee l rev forthcoming available at ssrn march 1 2026 emily j stolzenberg toward a private law of intimates obligations 111 iowa l rev forthcoming available at ssrn feb 2 2026 hila keren under most descriptions contract law perceives parties as dealing with each other at arm s length it assumes the parties seek to further their economic self interest 1 and thus generally does not expect them to assist each other as richard posner once put it in one of his decisions contract law does not require parties to behave altruistically toward each other it does not proceed on the philosophy that i am my brother s keeper 2 two excellent forthcoming articles offer a compelling challenge to this approach sarah dadush s shared responsibility in american contract law and emily stolzenberg s toward a private law of intimates obligations i review the pair of articles in tandem to highlight the synergy between their significant contributions to contract law scholarship while dadush and stolzenberg focus on contexts that could not be more distinct i highly appreciate how they both illuminate the value of collaboration and cooperation in contractual relationships and argue that contract law could and should play a role in advancing them 3 in her article dadush analyzes global transactions and complex supply chains at the heart of the market stolzenberg by contrast zooms in on intimate relationships between cohabitants at the market s margins nevertheless from those opposing angles each forcefully emphasizes the collaborative or cooperative dimension of the contractual relationship continue reading collaboration and cooperation under contract law the new normal jun 8 2026 paul ohm technology law arvind narayanan sayash kapoor ai snake oil what artificial intelligence can do what it can t and how to tell the difference 2024 arvind narayanan sayash kapoor ai as normal technology available at knight first amend inst april 15 2025 arvind narayanan sayash kapoor a guide to understanding ai as normal technology available at ai as normal tech sep 9 2025 paul ohm for those splashing around in the shallow water of ai law and policy it s a heady time to be mapping old laws onto transformative ai based technologies such as chatbots image generators and ai agents but off toward the horizon in the deeper water are worrisome shadows forecasts for the arrival of artificial general intelligence agi and confident but contradictory predictions about how agi will lead to either tech nirvana or human extinction and sometimes confusingly to both bobbing around out there are adversarial flotillas firing potshots at one another flying obscure banners with confusing tribal names e acc long termism tescreal to name only three the rational thing to do has been to cover one s eyes and ears trying to block it all out there is now a third and better option to either avoiding or diving deeply into the agi waters read the recent works by two princeton computer scientists arvind narayanan and sayash kapoor who have started to engage with and rebut the most radical calls to action of the agi set to get the full extent of their rich argument you should read not only their recent book ai snake oil but also their subsequent series of online essays some as long as traditional law review publications only by considering four different works together and one imagines there will be more to read from the pair soon does the full argument take shape the good news is that their argument if it is correct dispels worst case predictions about both the speed with which the problems of agi will emerge and the radical nature of what we will need to do to respond to those problems continue reading the new normal jury rights in civil tax cases jun 5 2026 susan morse tax law steve r johnson jarkesy the seventh amendment and tax penalties 79 u mia l rev 461 2025 susan morse does the seventh amendment provide a taxpayer with the right to a jury before the government imposes tax penalties this issue is live at the tax court at courts of appeals and at the supreme court fortunately the tax literature includes two entries on this topic one by professor steve johnson and another by professor bryan camp both are somewhat skeptical about a jury trial requirement thought they emphasize different aspects of the question their work should illuminate the conversation and inform the litigation few thought tax penalties attracted jury rights prior to the 2024 supreme court decision in jarkesy v securities and exchange commission but after the court decided that jury rights attached to securities fraud penalties an analogous question arose in tax a cert petition is pending in hirsch v u s tax court where the eleventh circuit refused petitioner s request for a writ of mandamus on the grounds that the tax court had unconstitutionally denied them a jury trial tax practitioners are following hirsch closely continue reading jury rights in civil tax cases male supremacy as a products liability defect jun 4 2026 anita bernstein torts melissa f wasserman products liability in a world designed for men 105 tex l rev __ forthcoming 2027 anita bernstein in 2019 the phrase a world designed for men saw print when the brazilian english activist caroline criado perez put it into the subtitle of a book criado perez may not have been the first to notice the pattern of extraordinary unfairness documented in invisible women exposing data bias in a world designed for men but she wrote the most devastating report on the phenomenon i ve ever seen and i have been paying attention products liability in a world designed for men by melissa f wasserman connects this problem of gendered who benefits who pays with a careful well argued and scientifically informed call for law reform the neutral on the surface biases favoring men that professor wasserman examines in this article fit within design defect as a subset of products liability doctrine the category may seem narrow it s not products liability in a world designed for men takes 52 pages to document the issue it addresses review the governing law and offer recommendations limited space rather than any lack of urgent examples i am sure shortened what professor wasserman shares here continue reading male supremacy as a products liability defect do landlord privacy rights trump voucher inspections jun 3 2026 ezra rosser lex poverty law heather r abraham sheltering discrimination fourth amendment challenges to voucher inspections __ u c davis l rev __ forthcoming 2027 available at ssrn feb 06 2026 ezra rosser professor heather abraham s new article sheltering discrimination fourth amendment challenges to voucher inspections embodies the sort of practical important work that often comes out of the clinical trenches the article focuses on what professor abraham describes as a second generation effort by landlords to avoid renting to low income tenants whose rent is partly covered by a housing voucher as the article notes landlords in recent years have had some success arguing that laws prohibiting source of income soi discrimination violate their privacy rights when such laws are combined with the inspection regimes that accompany vouchers through careful doctrinal analysis professor abraham convincingly pushes back on this fourth amendment claim while also suggesting reasons other tenant side arguments are likely to fail what stands out about the article is how forward looking it is in recent years soi laws have proliferated such that professor abraham reports that at least 24 states and 150 localities have banned soi discrimination which protects approximately 60 of all housing choice voucher hcv voucher holders nationwide p 5 in areas without soi laws landlords are free to openly state that they will not accept vouchers but in areas with soi laws landlords have had to be creative one emerging argument is that because of the inspection regime built into voucher programs typically involving a pre tenancy inspection and the possibility of subsequent inspections of both the premise and related written and electronic documents soi laws are unconstitutional this fourth amendment based challenge is gaining traction a few courts have bought this privacy argument and have sided with landlords on their facial challenges to soi laws sheltering discrimination offers practitioners a roadmap for responding to such claims continue reading do landlord privacy rights trump voucher inspections legal theory law and politics making theory useful jun 2 2026 abdurrahman atçil legal history allan c hutchinson hart fuller and everything after the politics of legal theory 2023 abdurrahman atçil in his famous 1957 oliver wendell holmes lecture at harvard the renowned british legal philosopher h l a hart presented a vision of law as a system of rules validated through institutional procedures and not dependent on moral merit for their validity later that year his american colleague lon fuller countered that only an inner morality imbues law with its binding force normative statements lacking moral merit do not qualify as law this debate states allan c hutchinson in hart fuller and everything after defined the agenda of anglo american jurisprudence for decades afterward but closely bound up with the historical and intellectual conditions of its day he argues it offers a poor framework for discussing the diversity of legal practices beyond the postwar liberal societies of britain and the united states as an historian of ottoman law i m inclined to agree one of the great challenges that historians in fields like mine face is the difficulty of connecting the literature on modern legal theory with the normative worlds of societies far different from the ones that figures like hart and fuller addressed by unpacking the seemingly timeless questions at the center of the hart fuller debate hutchinson instead presents law as an ongoing social activity shaped by interpretation institutional practices and political and moral struggles in doing so he makes legal theory speak to these other worlds and thereby makes it more useful for a much broader audience continue reading legal theory law and politics making theory useful who wants what jun 1 2026 albertina antognini family law john morley yair listokin what should you owe your ex a survey of attitudes about the law of married and cohabiting relationships mar 14 2026 unpublished manuscript available at ssrn albertina antognini law has mostly dealt with unmarried couples by adopting a wait and see approach rather than states passing legislation ex ante courts address issues that arise ex post among the most commonly litigated questions is property ownership where courts are asked to sort out who owns what and who owes what to whom while much scholarship has considered how law should distribute such property there is precious little information on what cohabitants themselves want john morley and yair listokin s article what should you owe your ex a survey of attitudes about the law of married and cohabiting relationships provides a timely and important intervention offering an empirical assessment of what cohabiting couples as compared to married couples desire when their relationship ends morley and listokin thus seek to fill a gap not primarily in law although that too but in knowledge we bring these wishes into focus by directly asking people in a systematic way for the first time what they want for themselves p 37 to do so they surveyed a nationally representative sample of around 3 000 american adults half of whom were married and half of whom lived with a partner in a nonmarital relationship continue reading who wants what older entries inside jotwell home archives mission statement subscribe to jotwell help support jotwell write for jotwell faq author guidelines acceptable use policy copyright policy privacy policy contact us jotwell 2014 conference editors section sponsored by sections and editors editor in chief a michael froomkin administrative law emily bremer wendy wagner classics constitutional law patrick gudridge paul horwitz contracts david a ho...