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Now showing items 81-90 of 91
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. ...
Public Ruses
(Michigan Law Review, 2004)
The Fifth Amendment's public use requirement - a dead letter for decades - has recently been resurrected by the Michigan Supreme Court, overruling Poletown, and by the United States Supreme Court, granting certiorari in ...
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. ...
A View from the Trenches
(Case Western Reserve Journal of International Law, 2003)
As a former armor officer, my roots are literally in the trenches. In sharing my figurative view from the trenches regarding the pursuit of justice, you should know that the pursuit of justice is the very core of our ...
The Failure of Breast Cancer Informed Consent Statutes
(Michigan Journal of Gender & Law, 2008)
Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that
each patient ...
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 ...