No. 5

Introduction Professors Hanoch Dagan and Avihay Dorfman’s article Just Relationships is a fundamental reinterpretation of the moral ideals of large swaths of private law. Its significance, however, may go beyond even that broad ambition. In this Response, I suggest that Just Relationships is also an exemplar—perhaps par excellence—of an emergent form of critical discourse, which […]


James B. Comey*

  For the past few years, our nation has been engaged in a broad and passionate discussion about crime and policing. It is a dialogue that is as important as it is difficult. It is also one that defies simple answers, as tempting as those might be. We need better, more informed conversations about this […]

Introduction In a world in which police understand themselves to be a bulwark against crime, having a good handle on crime data is critical. According to the best data available, crime has been steadily trending downward for the last few decades. There has been a national decline in crime, and the decline in New York […]

What a difference a decade makes. In 2006, 45% of Americans were worried a great deal about crime. By 2016, the number had jumped to 53%, the highest level since 9/11, which was the last time a majority of Americans had expressed that view. This increase in the level of fear buoyed Donald Trump to […]


Theodore M. Shaw*

  On October 12, 2016, Jack Greenberg passed into immortality. Born on December 22, 1924, during a life spanning ninety-two years he helped to change the world around him and to make it infinitely better. I have often said that Jack Greenberg had as much influence on our country through the law as any attorney […]

For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s...