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The System of Equitable Remedies

The conventional wisdom is that the distinction between legal and equitable remedies is outmoded and serves no purpose. This Article challenges that view. It argues that the equitable remedies and remedy-related doctrines that presently exist in...

The Business of Treaties

Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state- centric presumptions that render its response to business ad hoc and...

Choosing Constitutional Remedies

When a judge finds that a statute violates the Constitution, the statute must give way. But in many cases, there is more than one way for a judge to remedy the conflict between a statute and the Constitution. And in choosing which remedy to impose...

Judging Third-Party Funding

Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity—called a “third-party funder”—could be a bank, hedge fund, insurance company, or...

The Courtroom as White Space: Racial Performance as Noncredibility

Central to critical race theory (CRT) is the notion that law is constitutive (and not merely reflective) of race. This Comment operates within the CRT tradition to point to the development of the courtroom as white space and the construction of...