By Afra Afsharipour. Full text here. Acquisition transactions are often the most significant activity undertaken by corporations. Despite the plethora of acquisition transactions, numerous empirical studies find that large-scale acquisition transactions involving public companies result in significant losses for acquiring firms and their shareholders. Finance scholars have attributed these losses to managerial agency costs (such as…

By Samuel R. Wiseman. Full text here. The exceptional accuracy of DNA, and the exonerations it has produced, have led to a reconsideration of cherished, but empirically untested, notions of the reliability of the criminal justice system. They have also, albeit incompletely, provoked a renewed commitment—reflected in new ethical rules, compensation schemes, and the testing statutes…

By Jason Marisam. Full text here. Federal agencies routinely trade money, regulatory power, and governmental services with each other. Collectively, these interagency exchanges create a vast public institution that the author calls the interagency marketplace. The Article offers a comprehensive descriptive and normative account of the legal rules governing the interagency marketplace. The Article’s overarching claim…

By Talia Fisher. Full text here. The decision-making processes underlying the determination of guilt and punishment in criminal trials are governed by the threshold model. Under this model, conviction is construed as a binary, on-off decision leading to an all-or-nothing sentencing regime. Failure to meet the beyond-a-reasonable-doubt evidentiary threshold results in categorical acquittal and no punishment.…

By Jeremy N. Sheff. Full text here. The trademark doctrine of post-sale confusion is a creation of the lower federal courts that has never been accepted, or even considered, by the Supreme Court. The Article argues that the doctrine should be discarded. Courts use the term “post-sale confusion” inconsistently to refer to three different species of…

By Christopher Slobogin. Full text here.

By Orin S. Kerr. Full text here.

By Paul Ohm. Full text here.

By Jane E. Kirtley. Full text here.

By William W. Fisher III. Full text here.