Chaim N. Saiman

Restitution and the Production of Legal Doctrine

This Article examines the relationship between legal doctrine and remedial law through the lens of restitution, arguing that differences between American and English restitution jurisprudence stem less from divergent substantive rules than from competing assumptions about the rol...

The Law Wants to be Formal

This Article examines the relationship between legal formalism and the institutional significance of different areas of law, arguing that formalism tends to migrate toward the legal domains most central to a system’s self-conception and legitimacy. Through a comparative analysis...