The media attention on the Equifax breach has been primarily on consumer harm. There's real consumer harm, but it's generally not direct pecuniary harm. Instead, the direct pecuniary harm from the breach will be borne by banks and merchants,…

This afternoon, I am off to New Orleans and the annual meeting for the National Association of Bankruptcy Trustees (NABT). Tomorrow (September 15) from 12:30 - 2:30 PM, we are holding a public meeting for the Committee on Chapter 7...

A historic vote was announced overnight that signals a new era for large pension reform. As is often the case, "reform" here means that ordinary, hard-working folks will suffer a significant amount of pain as big companies are…

On Friday, September 8, New York City Comptroller Scott M. Stringer sent a letter to 151 companies seeking engagement around a range of disclosures regarding the race and gender of company directors, the creation of a…

Providing a useful perspective on corporate governance today is an examination of the evolution of conceptions of “good” corporate governance that have successively revolutionized the corporate landscape. “Evolution”…

An open letter to directors of public companies worldwide Thank you for your role in overseeing the Vanguard funds’ sizable investment in your company. We depend on you to represent our funds’ ownership interests on behalf of our…

The Slants – fresh off their win at the Supreme Court in Matal v. Tam – are coming to Arizona Law! You’re invited both to Simon Tam’s talk about his experience litigating over whether the band’s name could be…

This post will summarize my essay, The Empirical First Amendment (forthcoming in the Ohio State Law Journal, as part of a symposium on “the Expanding First Amendment”). The essay argues that the First Amendment’s protections…

My last post listed mandated informational disclosures as a means to promote consumer education without using censorship rules. Mandated disclosures are an appealing option to help consumers make better-educated decisions. In theory,…

Though I have not blogged in this space for a very long time, my own long history here of discussing how I think technologies should be at the center of law school innovation prompted me to want to blog about...

Legal education is under strain: Fewer people are applying to law school, and those who apply are less qualified. One result of this dynamic is that law schools are admitting fewer students, in order to keep qualifications up, but that...

One of the things we do well here at St. Thomas is establish mentor relationships for our students with lawyers in the community-- every student has a mentor. Neil Hamilton and Verna Monson have done some significant and important work...

By Alexander Andresian* Two weeks ago, President Trump formally announced the beginning of the end of the Deferred Action for Childhood Arrivals (DACA) program.[1] Put in place by the Obama Administration, the DACA program granted work…

By Caleb Hall* The onslaughts of Hurricanes Irma and Harvey are the first recorded instance where two category four hurricanes reached the U.S. Atlantic coast within the same calendar year. As of this writing, the Houston area death toll has…

By James Sasso* Even though the Dallas Mavericks are his namesake, Senator John McCain has embraced the philosophy of the Philadelphia 76ers basketball team: trust the process. For 76ers’ fans, this mantra played like a jukebox stuck on…

Here is a lovely article in the Boston Globe about Bill's rush to finish The Collapse of American Criminal Justice in the final months of his life.Adam Gopnik discusses Bill's book in some detail in the a New Yorker piece...

In case anyone might be interested, here are a few recent op-eds and articles:Op-Eds:A recent op-ed on the mortgage settlements is here.An op-ed from the beginning of the contraception crisis (before the more recent…

"The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz" has just been published by Cambridge University Press: here.  The book is based on the papers written by a number of the…