Remedial Clauses: The Overprivatization of Private Law

Seana Valentine Shiffrin Volume 67, Issue 2, 407-42 This Article considers the growing trend to enforce liquidated damages agreements or what I think are more felicitously called “remedial clauses.” I criticize this trend on the grounds that a permissive approach to...

Network Equality

Olivier Sylvain Volume 67, Issue 2, 443-98 One of the clear goals of the federal Communications Act is to ensure that all Americans have reasonably comparable access to the Internet without respect to whom or where they are. Yet the main focus of policymakers and...