Keeping Promises and Meeting Needs: Public Charities at a Crossroads By Allison Anna Tait. Full text here. When a charitable institution cannot fulfill the terms governing a gift agreement, it must decide whether to keep a promise or meet a need. If an institution chooses to keep a promise to a donor, it might not…

By Robert J. Rhee. Full text here. Shareholder primacy is one of the most fundamental concepts in corporate law and corporate governance. It is widely embraced in the business, legal, and academic communities. Economic analysis and policy arguments advance a normative theory that corporate managers should maximize shareholder wealth. Academic literature invariably describes shareholder primacy…

Administrative Answers to Major Questions: On the Democratic Legitimacy of Agency Statutory Interpretation By Blake Emerson. Full text here. This Article critiques the legal and theoretical premises of the major questions doctrine, and proposes a revision to the doctrine that better comports with the institutional structure and ideological origins of our administrative state. The major…

Corporate Charter Competition By Lynn M. LoPucki. Full text here. Corporate charter competition has dominated the corporate-law literature for four decades. This Article draws on the theoretical and empirical insights from that vast literature to present a systems analysis of the competition. The analysis shows the competition to be a system composed of three subsystems,…

When Should Employers Be Liable for Factoring Biased Customer Feedback into Employment Decisions? By Dallan F. Flake. Full text here. In today’s customer-centric business environment, firms seek feedback from consumers seemingly at every turn. Firms factor customer feedback into a host of decisions, including employment-related decisions such as who to hire, promote, and fire; how…

Rights-Weakening Federalism By Shitong Qiao. Full text here. This Article examines whether federalism protects land rights in China from two dimensions. I first compare national law with local institutions of eminent domain, revealing that local governments take much more land than the national government approves, frequently violating, tweaking, and challenging national law. I next examine…

Foot Voting, Decentralization, and Development By Ilya Somin. Full text here. We can enhance development by making it easier for people to “vote with their feet” between jurisdictions. Foot voting is, in several crucial respects, a better mechanism of political decision-making than ballot-box voting. Foot voters generally have better incentives to acquire relevant knowledge—and use…