This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in the United States. Approaching the Bundy occupations as flashpoints that illuminate competing interpretations and claims to land within the history of westward colonization, the Essay demonstrates the ways in which expectation emerges from particular...
From Imperial to International Law: Protecting Foreign Expectations in the Early United States
This Essay argues that several principles associated with modern international investment law and dispute resolution arose in the wake of the American Revolution, as the revolutionaries and Britons sought to restructure trade relations, previously regulated by imperial law, under new treaties and the law of nations.
Expectations as Property: Histories, Contexualizations, Critiques
This special issue contains several papers presented at a workshop held at Columbia Law School in May 2017, which brought together investment law scholars to consider the legal construction and protection of expectations as objects of property in varied contexts and areas of law, from federal land policy to international investment law.
A Fundamental Shift in Power: Permitting International Investors to Convert their Economic Expectations Into Rights
The article evaluates the doctrine of protecting investors’ specific-commitment backed-expectations. The author argues that the doctrine has shaky legal foundations and raises fundamental policy concerns. It affects the rules and processes governing allocation of property rights, can exacerbate inequality, and can send wrong signals to investors regarding responsible business conduct.
Episode 3.7: Threats to the Constitutional Order
In this episode, we sit down with Professors Aziz Huq, Tom Ginsburg and Lawrence Sager to discuss threats to constitutional democracy and how well America’s constitutional democracy might fare in the face of those threats.
Episode 3.6: Excessive Fines and Fees and the Right to Counsel with Professor Beth Colgan
In this episode, we sit down with Professor Colgan to discuss how the Eighth Amendment's prohibition against excessive fines and fees and the Sixth Amendment's Right to Counsel fail to protect vulnerable segments of the population.
Episode 3.4: Hackers & Cybersecurity Law: How Hackers, Governments and Corporations Make Surprising Bedfellows with Professor Kristen Eichensehr
In this episode, we sit down with Professor Eichensehr to discuss the ways in which governments, corporations and hackers navigate cybersecurity law and the surprising ways in which they collaborate to their mutual benefit.
Squeeze Blood From Turnip®: Abusing Trademark Law’s Morality Provision in the TTAB
The “Morality Provision” of trademark law prohibits the registration of trademarks that are immoral or scandalous. This essay exposes how the Morality Provision is abused by individuals who do not have any real interest in the proposed trademark, but who morally disapprove of the trademark owner or its commercial activities.