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…

By Neal Devins. Full text here. By turning a statute limiting court jurisdiction into a delegation of power by Congress to the Supreme Court, the Hamdan v. Rumsfeld opinion is a political masterstroke. This Essay explains why “the least dangerous branch” felt empowered to ignore congressional limits on its authority, repudiate presidentially created military tribunals, and…

By Jules Lobel. Full text here.

By Kevin R. Johnson & Bernard Trujillo. Full text here.

By Fionnuala Ní Aoláin. Full text here.

By Mariano-Florentino Cuéllar. Full text here.

By William C. Banks. Full text here.

By Heidi Kitrosser. Full text here.

By Mark Tushnet. Full text here.