Professor of Law, Chicago-Kent College of Law, Illinois Institute of Technology; Professor, Nottingham Law School, Nottingham Trent University. Early versions of this Article were presented at The London School of Economics and Political Science Private Law Research Hub in October 2024, and at The University of Chicago Legal Forum Symposium in November 2024.
The authors thank participants at these events, particularly Michael Bridge, Timothy Liau, Alex Waghorn, Charlie Webb, Sarah Worthington, Jared Mayer, Samuel Issacharoff, and Joshua Karsh. Thanks are also extended to Arwin Tavakolnia for helpful discussions, and to the student editors. All views, and any errors, are the authors’ own.