Posted on: May 11, 2013

"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes.
Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any
public duty to pay more than the law demands."

Tag: Legal History, Taxation
Posted on: May 10, 2013

In the past, contract negotiations were typically part of a deliberative—if not formal—process, whether that process was carried out in-person, over the phone, by exchange of letters, or any combination of these types of communication.  But those days are long gone.  E-mail reigns supreme as the most popular form of communication in today’s hyper-fast business world.  But using e-mail as the primary means of negotiating and memorializing a contract is not without risk.  The examples detailed below are but a few of the increasing number of cautionary tales involving e-negotiations.

Tag: Alternative Dispute Resolution, Civil Litigation / Civil Procedure, Contracts
Posted on: May 7, 2013

At, Professor Haskell Murray discusses proposed changes to the Delaware General Corporation Law that would allow the creation of benefit corporations under Delaware law.

Tag: Business Ethics, Corporations, Fiduciary Duties, Legal Theory, Social Entrepreneurship
Posted on: May 7, 2013

At, Randy Barnett discusses the PBS series Constitution USA, which airs tonight.  The series, hosted by Peter Sagal, will explore how the U.S. Constitution impacts on many issues facing modern America, including in the business world.

Tag: Constitutional Law, Legal History
Posted on: May 6, 2013

In the Wall Street Journal, Richard Epstein has thoughts about the state and future of the legal industry, including a skeptical review of Stephen J. Harper's The Lawyer Bubble: a Profession in Crisis (Basic Books, 2013).

Tag: Law & Economics, Legal History, Legal Theory