Journals

Volume 6 Issue 02

European Constitutional Law Review (EuConst), Volume 6 Issue 02 The European Constitutional Law Review ( EuConst ), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and [...]

Volume 92 Issue 878

International Review of the Red Cross, Volume 92 Issue 878 The International Review of the Red Cross is the journal of the International Committee of the Red Cross. It promotes reflection on humanitarian law, policy and action in armed conflict [...]



Taking Great Cases: Lessons from the Rosenberg Case

The most watched case of the 1952 Supreme Court Term was not Brown v. Board of Education, but the case of convicted atomic spies Julius and Ethel Rosenberg. Brown and Rosenberg demonstrate the Court’s different approaches toward taking “great cases.” The Brown Court is often criticized for having done too much; the Rosenberg Court is [...]

Arbitration Clauses in CEO Employment Contracts: An Empirical and Theoretical Analysis

A bill currently pending in Congress would render unenforceable mandatory arbitration clauses in all employment contracts. Some perceive these provisions as employer efforts to deprive employees of important legal rights. Company CEOs are firm employees, and, unlike most other firm employees, they can actually negotiate their employment contracts, very often with attorney assistance. Moreover, many [...]

Breach Is For Suckers

This Article presents results from three experiments offering evidence that parties see breach of contract as a form of exploitation that makes disappointed promisees into “suckers.” In psychology, being a sucker turns on a three-part definition: betrayal, inequity, and intention. We used web-based questionnaires to test the effect of each of the three factors separately. [...]



The Untouchables: Private Military Contractors’ Criminal Accountability under the UCMJ

Big Tobacco, Medicaid-Covered Smokers, and the Substance of the Master Settlement Agreement

Street Shootings: Covert Photography and Public Privacy

An economic theory of the regulation of preliminary measures

Abstract  Preliminary measures adopted early in litigation are crucial for plaintiffs, given existing court delays and changing economic
environment, but can also harm a blameless defendant. Therefore, some form of regulation is needed to [...]

“Recent Publications”

“Recent Publications” 123 Harv. L. Rev. 1811 [...]