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Volume 108 - Issue 6

Whose Claim Is This Anyway? Third-Party Litigation Funding

By Maya Steinitz. Full text here. Third-party litigation funding, or litigation finance, is a new industry composed of institutional investors who invest in litigation by providing finance in return for an ownership stake in a legal claim and a contingency in the recovery. Its emergence has been recognized as one of the most significant developments in…

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Erie′s Suppressed Premise

By Michael Steven Green. Full text here. The Erie doctrine is usually understood as a limitation on federal courts’ power. The Article concerns the unexplored role that the Erie doctrine has in limiting the power of state courts. According to Erie Railroad Co. v. Tompkins, a federal court must follow state supreme court decisions when interpreting…

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Constitutional Spaces

By Allan Erbsen. Full text here. The Article is the first to systematically consider the Constitution’s identification, definition, and integration of the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution, commentators…

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Note: Expanding the Role of Trade Preference Programs

By Monica Patel. Full text here. Trade preference programs lower trade barriers for developing countries and open opportunities in consumer-driven markets which, in turn, increases their trade and economic growth. One example of a trade preference program in the United States is the Generalized System of Preferences (GSP) program that provides duty-free treatment for about 4800…

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Note: Hold Fast the Keys to the Kingdom: Federal Administrative Agencies and the Need for Brady Disclosure

By Justin Goetz. Full text here. Due process protections for defendants vary greatly between the numerous federal agencies vested with civil enforcement powers. Many of these agencies fail to provide defendants with basic safeguards, including the protections available in the Federal Rules of Criminal Procedure. As federal administrative agencies continue to increase both the scope of…

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Strategic Enforcement

By Margaret H. Lemos & Alex Stein. Full text here. Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under which law enforcers try to apprehend and punish every violator within the bounds of feasibility; and the randomized model, under which law enforcers economize their efforts by apprehending a small number…

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Anticompetitive Effect

By Hon. Richard D. Cudahy & Alan Devlin. Full text here. Despite receiving thorough analytic treatment from the judiciary and academy, and notwithstanding its sophisticated doctrine, antitrust law remains dogged by a profound incongruity, for precisely what the law condemns remains elusive. Certainly, there is widespread agreement that the antitrust laws exist to promote some…

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Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law

By Jeffrey A. Meyer. Full text here. Scores of federal criminal and civil statutes are “geoambig­uous”—they do not say whether they apply to conduct that takes place in foreign countries. This is a vital concern in an age of exploding globalization. The Supreme Court regularly cites a “presumption against extraterritoriality,” but just as often overlooks it…

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