By John H. Matheson & Vilena Nicolet. Full text here. In the past several decades, the corporate governance landscape has changed dramatically and positively. Recently, shareholders have found new ways to directly impact the governance regime and the board of directors. These new means derive from various sources, including a more favorable regulatory environment and the…

By Robin C. Feldman & Mark A. Lemley. Full text here. Patent reform is a hotly contested issue, occupying the attention of Congress, the Supreme Court, and many of the most innovative companies in the world. Most of that dispute centers on patent enforcement, and in particular on the role of non-practicing entities (NPEs) or “patent…

By Fiona Doherty. Full text here. This Article introduces the concept of “Testing Periods” to explain how U.S. courts sort criminal defendants for incarceratory and non-incarceratory results. A Testing Period is a time period during which a criminal defendant agrees to abide by a set of prospective rules (such as avoiding “dirty urines” and remaining…

By Maria L. Banda. Full text here. The advent of the Anthropocene has extended the reach of environmental harm: from offshore drilling to geoengineering and climate change, activities in one State can increasingly injure people far beyond its borders. States have longstanding rights under international law to protect their citizens from such harms. In practice,…

By David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven Avi- Yonah, Lily Batchelder, J. Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, & Manoj Viswanathan. Full text here. The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and…

By Jenny E. Carroll. Full text here. Graffiti resides at the uncomfortable intersection of criminal law and free speech rhetoric. It is not the shout of revolution to the gathered, protesting masses, or the political pamphlet flung from a 1920s window. Graffiti is not the obscene-rendered-political-jacketed protest of war, or a flag set aflame in the…

By Rose Cuison Villazor and Pratheepan Gulasekaram. Full text here. Resistance to the Trump Administration’s immigration enforcement policies in the form of sanctuary has increased and spread. In addition to the traditional types of sanctuary such as sanctuary cities and churches, the past year has witnessed the proliferation of novel sites of sanctuary—workplaces, school districts, universities,…

By William McGeveran. Full text here. With the increasing size and frequency of data breaches, several aspects of the law such as regulatory powers and penalties merit reconsideration. Some critics, however, have argued that the law makes the duty of data security inherently unclear—in the words of one legal brief, “an unknown (and unknowable) standard.”…

By Kimberly M. Castle and Richard L. Revesz. Full text here. This Article addresses a central battleground of the debate about the future of greenhouse gas regulations: the valuation of particulate matter reductions that accompany reductions in carbon dioxide emissions. The benefits from particulate matter reductions are substantial for climate change rules, accounting for almost…

by Robert Yablon, Full text here. Abstract: “Election campaigns have become the domain of a thriving industry of paid political service providers. While leading scholars in other fields regard the rise of the campaign industry as a defining feature of our nation’s politics, the industry is strikingly absent from the legal literature. This Article seeks…