By Bijal Shah. Full text here. Coordination is a mechanism for administrative control. Indeed, it is well-known that the President and agencies themselves initiate it for a variety of substantive and self-interested reasons. This Article is the first to establish that Congress also creates frameworks of interagency coordination, and it bases this contention in the largest…

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,…