Mitu Gulati
Biographic Data
| ID | 240856 |
|---|---|
| NAME | Mitu Gulati |
| GIVEN NAMES | Mitu |
| FAMILY NAME | Gulati |
| SIGNATURE | GULATI M |
| AFFILIATIONS | Duke University |
| VERIFIED | No |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 15 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2003 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
Trump’s Lower Court Judges and Religion: An Initial Appraisal
It is widely believed that President Donald J. Trump’s first-term judicial appointments reflect a strategy of appeasing evangelical Christians and other religious groups that favor a more conservative, Christian judiciary and that in pursuing this strategy Trump sacrificed quality. We explore this theory by examining the biographies and credentials of Trump’s lower court nominees and the voting records of his circuit court appointments in free-ex…
Commercial Boilerplate: A Review and Research Agenda
Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on consumer contracts, with the debate centered on the question of whether take-it-or-leave-it mass-produced forms imposed on consumers by large corporations should be treated as contracts or as a problem in regulation. By contrast, commercial boilerplate—the standard forms used in transactions for corporate or sovereign bonds or merger agreements—has tradit…
The Constraining Effect of “History and Tradition”: A Test
The U.S. Supreme Court’s embrace of originalism, and particularly the “history and tradition” method of interpreting constitutional text, is often justified by its defenders as constraining judges from making up the law to match their preferences. This is a testable hypothesis. With the Bruen case in 2022, the Supreme Court moved away from a contemporary means-ends method of interpreting the Second Amendment to an originalist, “history and tradit…
Contractual Howlers: A Russian Bond Case Study
Both theorists and courts commonly assume that high-dollar financial contracts between sophisticated parties are free of linguistic errors: sophisticated parties, the thinking goes, will carefully express their shared intentions and eliminate any troublesome gaps and glitches. Consistent with this assumption, most courts interpret the language of commercial contracts literally according to the plain or ordinary meaning of the words in the agreeme…
Contracts of Inattention
The standard paradigm of contracting assumes that parties will revise subsequent contracts if a court interpretation of a clause does not reflect their intent. This assumption, however, often does not match behavior—particularly, in boilerplate contracts. We examine the aftermath of an (in)famous 2016 case, Wilmington Savings Fund v. Cash America , to unpack possible reasons for this mismatch between theory and practice. We find evidence of a phe…
Constitutions in Times of Financial Crisis
If Boilerplate Could Talk: The Work of Standard Terms in Sovereign Bond Contracts
Standard contract terms are “sticky”: they rarely change, even if change appears to be in the parties’ interest. Multiple theories to explain stickiness do not reach consensus on its causes. We investigate the role of stickiness in sovereign bond contracts, where it would be especially costly and therefore puzzling. In our interviews with more than a 100 officials responsible for the bond contracts of twenty-eight countries, they linked reluctanc…
Market Practice and the Evolution of Foreign Sovereign Immunity
The twentieth century witnessed a “tectonic” shift in international law, from absolute to restrictive theories of sovereign immunity. As conventionally understood, however, this transformation represented only a change in default rule. Under absolute immunity, courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were not immune to their commercial acts…
The Relevance of Law to Sovereign Debt
The literature on sovereign debt treats law as of marginal significance, largely because the doctrine of sovereign immunity leaves creditors few potent legal remedies against sovereign borrowers. Although sovereign debts can indeed be hard to enforce, the goal of this article is to demonstrate that law plays a central, and constantly evolving, role in structuring sovereign debt markets. To list just a few examples, legal rules and institutions (a…
The Intersectional Fifth Black Woman
In 1989, Kimberlé Crenshaw published Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, an article that drew explicitly on Black feminist criticism, and challenged three prevailing frameworks: 1) the male-centered nature of antiracist politics, which privileged the experiences of heterosexual Black men; 2) the White-centered nature of feminist theori…
Origin Myths, Contracts, and the Hunt for Pari Passu
We use interviews with corporate lawyers and a data set of contracts to explore an elite area of legal practice: sovereign bond lending. Sovereign debt lawyers work at prestigious global law firms, yet the contracts they produce include some terms that defy explanation. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, we explore two puzzling aspects of these myths. …
Make or Buy« and International Law
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
After Inclusion
What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workpla…
Introduction: A New Legal Realist Perspective on Employment Discrimination
The Law and Economics of Critical Race Theory
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its …
The Intersectional Fifth Black Woman
In 1989, Kimberlé Crenshaw published Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, an article that drew explicitly on Black feminist criticism, and challenged three prevailing frameworks: 1) the male-centered nature of antiracist politics, which privileged the experiences of heterosexual Black men; 2) the White-centered nature of feminist theori…
After Inclusion
What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workpla…
Introduction: A New Legal Realist Perspective on Employment Discrimination
If Boilerplate Could Talk: The Work of Standard Terms in Sovereign Bond Contracts
Standard contract terms are “sticky”: they rarely change, even if change appears to be in the parties’ interest. Multiple theories to explain stickiness do not reach consensus on its causes. We investigate the role of stickiness in sovereign bond contracts, where it would be especially costly and therefore puzzling. In our interviews with more than a 100 officials responsible for the bond contracts of twenty-eight countries, they linked reluctanc…
Origin Myths, Contracts, and the Hunt for Pari Passu
We use interviews with corporate lawyers and a data set of contracts to explore an elite area of legal practice: sovereign bond lending. Sovereign debt lawyers work at prestigious global law firms, yet the contracts they produce include some terms that defy explanation. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, we explore two puzzling aspects of these myths. …
The Law and Economics of Critical Race Theory
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its …
Introduction: A New Legal Realist Perspective on Employment Discrimination
After Inclusion
What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workpla…
Make or Buy« and International Law
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
Origin Myths, Contracts, and the Hunt for Pari Passu
We use interviews with corporate lawyers and a data set of contracts to explore an elite area of legal practice: sovereign bond lending. Sovereign debt lawyers work at prestigious global law firms, yet the contracts they produce include some terms that defy explanation. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, we explore two puzzling aspects of these myths. …
The Intersectional Fifth Black Woman
In 1989, Kimberlé Crenshaw published Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, an article that drew explicitly on Black feminist criticism, and challenged three prevailing frameworks: 1) the male-centered nature of antiracist politics, which privileged the experiences of heterosexual Black men; 2) the White-centered nature of feminist theori…
The Relevance of Law to Sovereign Debt
The literature on sovereign debt treats law as of marginal significance, largely because the doctrine of sovereign immunity leaves creditors few potent legal remedies against sovereign borrowers. Although sovereign debts can indeed be hard to enforce, the goal of this article is to demonstrate that law plays a central, and constantly evolving, role in structuring sovereign debt markets. To list just a few examples, legal rules and institutions (a…
Market Practice and the Evolution of Foreign Sovereign Immunity
The twentieth century witnessed a “tectonic” shift in international law, from absolute to restrictive theories of sovereign immunity. As conventionally understood, however, this transformation represented only a change in default rule. Under absolute immunity, courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were not immune to their commercial acts…
Constitutions in Times of Financial Crisis
If Boilerplate Could Talk: The Work of Standard Terms in Sovereign Bond Contracts
Standard contract terms are “sticky”: they rarely change, even if change appears to be in the parties’ interest. Multiple theories to explain stickiness do not reach consensus on its causes. We investigate the role of stickiness in sovereign bond contracts, where it would be especially costly and therefore puzzling. In our interviews with more than a 100 officials responsible for the bond contracts of twenty-eight countries, they linked reluctanc…
Contracts of Inattention
The standard paradigm of contracting assumes that parties will revise subsequent contracts if a court interpretation of a clause does not reflect their intent. This assumption, however, often does not match behavior—particularly, in boilerplate contracts. We examine the aftermath of an (in)famous 2016 case, Wilmington Savings Fund v. Cash America , to unpack possible reasons for this mismatch between theory and practice. We find evidence of a phe…
Contractual Howlers: A Russian Bond Case Study
Both theorists and courts commonly assume that high-dollar financial contracts between sophisticated parties are free of linguistic errors: sophisticated parties, the thinking goes, will carefully express their shared intentions and eliminate any troublesome gaps and glitches. Consistent with this assumption, most courts interpret the language of commercial contracts literally according to the plain or ordinary meaning of the words in the agreeme…
Commercial Boilerplate: A Review and Research Agenda
Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on consumer contracts, with the debate centered on the question of whether take-it-or-leave-it mass-produced forms imposed on consumers by large corporations should be treated as contracts or as a problem in regulation. By contrast, commercial boilerplate—the standard forms used in transactions for corporate or sovereign bonds or merger agreements—has tradit…
The Constraining Effect of “History and Tradition”: A Test
The U.S. Supreme Court’s embrace of originalism, and particularly the “history and tradition” method of interpreting constitutional text, is often justified by its defenders as constraining judges from making up the law to match their preferences. This is a testable hypothesis. With the Bruen case in 2022, the Supreme Court moved away from a contemporary means-ends method of interpreting the Second Amendment to an originalist, “history and tradit…
Trump’s Lower Court Judges and Religion: An Initial Appraisal
It is widely believed that President Donald J. Trump’s first-term judicial appointments reflect a strategy of appeasing evangelical Christians and other religious groups that favor a more conservative, Christian judiciary and that in pursuing this strategy Trump sacrificed quality. We explore this theory by examining the biographies and credentials of Trump’s lower court nominees and the voting records of his circuit court appointments in free-ex…
Political science (13 works) · Law (12 works) · Law (8 works) · Business (7 works) · Economics (7 works) · Law and economics (7 works) · Sociology (7 works) · Finance (5 works) · Sovereignty (4 works) · Boilerplate text (3 works)