By Joseph Raz. Full text here. Why ought we subject our will to authority? How is a person with authority justified in demanding that we subject our will? What does it mean to be a legitimate authority? This is the problem of authority that Professor Raz addressed many years ago under the title of the…

By Mark D. Rosen. Full text here. When Hawaii seemed poised to be the first state in the Union to permit same-sex marriage in the 1990s, Congress passed the Defense of Marriage Act (DOMA). DOMA provides that states need not recognize same-sex marriages (or judgments in connection with such marriages) performed in sister states. Though many…

By Alfred C. Yen. Full text here. This Article studies the construction of third-party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third-party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third-party copyright…

By Barry C. Feld. Full text here. The Supreme Court does not require any special procedural safeguards when police interrogate youths. Instead, it uses the adult standard—“knowing, intelligent, and voluntary under the totality of the circumstances”—to gauge the validity of juveniles’ waivers of Miranda rights. Developmental psychologists have examined adolescents’ capacity to exercise or waive…

By Steven D. Smith. Full text here.

By Bruce A. Green & Fred C. Zacharias. Full text here. In the wake of Enron’s collapse and other corporate scandals, the Securities and Exchange Commission considered adopting a regulation requiring lawyers in certain circumstances to publicly report corporate misconduct. The American Bar Association countered by expanding model disciplinary rules that allow, but do not require,…

By Robert A. Stein. Full text here.

By Robert Hockett. Full text here.

By George S. Geis. Full text here. Option theory is beginning to generate robust insights in the legal literature, and it is particularly well-suited to contract law. This Article develops an embedded options theory of indefinite contracts, focusing on the proper scope of the indefiniteness doctrine—a core principle of contract law invalidating contracts that are too…

By Michael Abramowicz. Full text here. Although many copyrighted works are close substitutes for other copyrighted works, there would be many more close substitutes of certain works in the absence of the derivative right, the exclusive right to create adaptations of a copyrighted work. Yet even the derivative right’s defenders identify the suppression of new expression…