Legal Studies Research Paper Series

  • John F. Coyle and Joseph M. GreenIn the past, legal scholars have analogized the contract to a product, a social artifact, and a form of technology. In this Article, we suggest that contracts may also be usefully analogized to swag. The term “swag” refers to branded merchandise that is given away for free to people who attend or participate in an event. Companies and law firms increasingly give away contracts — and specific contract provisions — to contract users with the goal of enhancing their reputations. In so doing, they deploy their contracts in a manner that bears more than […]
  • Michael Louis CorradoIn October of this year, the United States Supreme Court will hear the case of Kahler v. Kansas, and it will have the opportunity to answer a question that it has been avoiding for some time: Does the United States Constitution — in particular, do the Due Process and the Cruel and Unusual Punishment clauses — require each of the jurisdictions of the United States to provide an affirmative defense of insanity for those accused of a crime? The petitioner, Kahler, argues that the right to an affirmative defense is "deeply rooted" in our history and tradition, and […]
  • Leigh OsofskyLegislative drafting mistakes can upset statutory schemes. The Affordable Care Act was nearly undone by such mistakes. The recent Tax Cuts and Jobs Act is rife with them. Traditional legal scholarship has examined whether courts should help resolve Congress’s mistakes. But courts have remained stubbornly resistant to fixes outside of the legislative process.In the face of legislative error and judicial inaction, administrative agencies have taken it upon themselves to fix legislative drafting mistakes. This Article provides the first comprehensive analysis of these “agency legislative fixes.” It identifies features and complexities of such fixes, which are not captured by existing […]