By Lucas Issacharoff & Kyle Wirshba. Full text here. This Article takes as its starting point the recent turmoil over the continued vitality of the Fourth Amendment’s third party doctrine. The doctrine has long held that the government’s examination of information in the hands of a third party—whether a bank, a telephone company, or simply a…

By David Adam Friedman. Full text here. Advertised price discounting recently proliferated in retail markets, bringing with it deceptive discounting or “fictitious pricing.” Many retailers advertise discounts based on fictitious or false prior-reference prices. In the immediate post-war era, the Federal Trade Commission (FTC) regularly prosecuted fictitious-pricing cases. The FTC ceased prosecuting those cases in 1969.…

By Erik Hovenkamp & Thomas F. Cotter. Full text here. The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on the hardships an injunction might impose on the litigants and the public. This Article demonstrates, however, that courts sometimes could rely instead on a consideration far more relevant…

By E. Tendayi Achiume. Full text here. The Syrian refugee crisis is the largest since the Second World War. This Article is the first to analyze the devastating fallout of this crisis, and to propose a novel approach to a perennial international law problem at its center. Nearly all of the more than four million refugees that…

By Andrew A. Schwartz. Full text here. Crowdfunding, a new Internet-based securities market, was recently authorized by federal and state law in order to create a vibrant, diverse, and inclusive system of entrepreneurial finance. But will people really send their money to strangers on the Internet in exchange for unregistered securities in speculative startups? Many are doubtful,…

By Darian M. Ibrahim. Full text here. Angel investors and venture capitalists (VCs) have funded Google, Facebook, and virtually every technological success of the last thirty years. These investors operate in tight geographic networks, which mitigates uncertainty, information asymmetry, and agency costs both pre- and post-investment. It follows, then, that a major concern with equity…

By Aaron-Andrew P. Bruhl. Full text here. From time to time, the Supreme Court changes some aspect of its approach to statutory interpretation. These changes include large-scale shifts on matters such as the relative prominence of textual sources versus legislative history as well as small-scale changes exemplified by the creation, modification, or abandonment of particular interpretive…

By Jane R. Bambauer & Toni M. Massaro. Full text here. A wealth of scholarship comments on enumerated and unenumerated fundamental rights, such as freedom of speech, the right to marital privacy, and suspect classifications that trigger elevated judicial scrutiny. This Article discusses the other constitutional cases—the ones that implicate no fundamental right or suspect classification,…

By Katharine K. Baker. Full text here. This Article argues that the criminal law is simply not up to the task of policing a huge amount of sexual assault. The on-going initiative to curb the prevalence of sexual misconduct on college campuses abandons the criminal law and uses discrimination doctrine to dislodge the norms that criminal…

By Alexandra B. Klass & Jim Rossi. Full text here. Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as interstate oil pipelines and high-voltage, interstate electric transmission lines with state and local levels…