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Now showing items 461-470 of 508
Fraud on the Market: An Action Without a Cause
(University of Pennsylvania Law Review, 2011)
This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be ...
Restoring Trade's Social Contract
(Michigan Law Review Online, 2018)
As we write, the United States, Canada, and Mexico are renegotiating the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. ...
The Permit Power Revisited
(Duke Law Journal, 2014)
Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the “permit power,” under which legislatures prohibit a specified ...
The Invisible Revolution in Plea Bargaining
(Texas Law Review, 2016)
This article, the most comprehensive study of judicial participation in plea negotiations since the 1970s, reveals a stunning array of new procedures that involve judges routinely in the settlement of criminal cases. ...
Organizational Law as Commitment Device
(Vanderbilt Law Review, 2017)
What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law — the law of partnerships, corporations, private trusts, and their variants ...
Increasing Diversity by a New Master's Degree in Legal Principles
(Journal of Legal Education, 2017)
Students who leave their JD program before graduation leave empty handed, without an additional degree or other credential indicating that their law school studies had any professional, educational, or marketable value. ...
Insider Information and the Limits of Insider Trading
(Washington University Journal of Law & Policy, 2018)
This essay offers brief observations on the internal coherence of the rationales underlying the prohibition against insider trading, taking the opportunity offered by Newman and Salman to reflect on its central policy aims. ...
The New Antitrust Federalism
(Virginia Law Review, 2016-10)
"Antitrust federalism, " or the rule that state regulation is not subject to federal antitrust law, does as much as-and perhaps more than-its constitutional cousin to insulate state regulation from wholesale invalidation ...
Don't Answer That!
(Vanderbilt Law Review En Banc, 2013)
Forget hard cases: "bad" cases make bad law. DaimlerChrysler Corp. v. Bauman, which never should have been filed in a California federal court, has the potential to make very bad law. It is a paradigmatic example of egregious ...
Back to the Future: Reflections on the Advent of Autonomous Weapons Systems
(Case Western Reserve Journal of International Law, 2015)
This essay refocuses the debate over autonomous weapons systems to consider the potentially salutary effects of the evolving technology. Law does not exist in a vacuum and cannot evolve in the abstract. Jus in bello norms ...