Litigation is often seen as an either/or proposition. You either settle out of court or go to trial and leave the outcome entirely in the hands of a judge or a jury. But Professor Kathryn Spier has researched another option: whereby parties go to trial with an agreement in place on the ceiling and floor for the plaintiff’s recovery.
Property law expert Joseph Singer argues that regulations make markets and property possible and promotes conservatives values. Regulations are needed to protect us from harm and fraudulent actions by others, to ensure that people can acquire property, and to allow all of us to exercise equal freedoms, he writes
“Choosing Not to Choose: Understanding the Value of Choice,” by Professor Cass R. Sunstein ’78 (Oxford). Choice, while a symbol of freedom, can also be a burden: If we had to choose all the time, asserts the author, we’d be overwhelmed. Indeed, Sunstein argues that in many instances, not choosing could benefit us—for example, if mortgages could be automatically refinanced when interest rates drop significantly.