By Lee Anne Fennell & Richard H. McAdams. Full text here. Welfarist law and economics ignores the distributive consequences of legal rules to focus solely on efficiency, even though distribution unambiguously affects welfare, the normative maximand. The now-conventional justification for disregarding distribution is the claim of tax superiority: that the best means of influencing or correcting…

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…