Among the major forms of corporate ownership, the not-for-profit ownership form is distinct in its behavior, legal constraints, and moral obligations. A new empirical analysis of the American hospital industry, using eleven years of data for all...

This Article mainly is for federal district judges, who keenly appreciate how modern patent law challenges their competence. The Supreme Court's 1996 Markman decision requires district judges to make highly scientific and technological decisions in...

Until recently, little attention has been paid to the law governing not-forprofits, and in particular (1) whether the not-for-profit director should be held to a trust standard, a corporate standard or some other standard in fulfilling his fiduciary...

In 1955, as part of its historic drive to desegregate the nation's public schools, the Supreme Court authorized district judges to set in motion and oversee desegregation programs in hundreds of school districts throughout the country. Within a few...

Lawmaking by direct democracy, whereby the public votes directly on initiatives and referenda, is an increasingly popular and frequent feature of American politics. But critics of direct democracy point out that voters do not know basic facts about...

This Article questions the widely held view that the fiduciary duties that corporate directors ordinarily owe to or for the benefit of shareholders should "shift" to creditors when the corporation is in financial distress. This view suffers from two...