CBI: M. Todd Henderson, "Unsafe Harbors and Other Regulatory Oddities"
Most of what we think about as "law" involves a background rule that conduct is legal with an exception for what lawmakers define as illegal. But there are several other ways in which law is made. The most obvious is the concept of a "safe harbor," where the background rule is that conduct is illegal with an exception for what lawmakers define as legal. In this lecture, Professor Henderson will discuss the choice between these alternatives, and introduce two new types of law: unsafe and super-safe harbors. The lecture will show their application in areas ranging from criminal law to securities law to intellectual property.