Vol. 95 Print Issues
95:1
The Role of Dissenting Opinions, by Hon. Ruth Bader Ginsburg here
Strategic Enforcement, by Margaret H. Lemos and Alex Stein here
Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law, by Jeffrey A. Meyer here
Anticompetitive Effect, by Hon. Richard D. Cudahy and Alan Devlin here
Administration By Treasury, by David Zaring here
Note: Meeting Boumediene′s Challenge: The Emergence of an Effective Habeas Jurisprudence and Obsolescence of New Detention Legislation, by Nathaniel H. Nesbitt here
Note: The Need for Review: Allowing Defendants to Appeal the Factual Basis of a Conviction After Pleading Guilty, by Steven Schmidt here
Note: Immunity for Vaccine Manufacturers: The Vaccine Act and Preemption of Design Defect Claims, by Eva B. Stensvad here
95:2
Impeachment and Assassination, by Josh Chafetz here
Adaptive Management in the Courts, by J.B. Ruhl and Robert L. Fischman here
Trading-Off Reproductive Technology and Adoption: Does Subsidizing IVF Decrease Adoption Rates and Should It Matter?, by I. Glenn Cohen and Daniel L. Chen here
The Visible Hand: Coordination Functions of the Regulatory State, by Robert B. Ahdieh here
Note: Defining Unpatented Article: Why Labeling Products with Expired Patent Numbers Should Not Be False Marking, by Laura Arneson here
Note: Relative Futility: Limits to Genetic Privacy Protection Because of the Inability to Prevent Disclosure of Genetic Information by Relatives, by Trevor Woodage here
95:3
Regulation in the Behavioral Era, by Michael P. Vandenbergh, Amanda R. Carrico, and Lisa Schultz Bressman here
Special Incentives to Sue, by Margaret H. Lemos here
Executive Compensation in the Courts: Board Capture, Optimal Contracting, and Officers’ Fiduciary Duties, by Randall S. Thomas and Harwell Wells here
On the Edge: Declining Marginal Utility and Tax Policy, by Sarah B. Lawsky here
Money Talks but It Isn’t Speech, by Deborah Hellman here
Note: Legitimate Absenteeism: The Unconstitutionality of the Caucus Attendance Requirement, by Heather R. Abraham here
Note: Rule 14a-11 and the Administrative Procedure Act: It’s Better to Have Had and Waived, than Never to Have Had at All, by Reed T. Schuster here
Note: The Cloying Use of Unallotment: Curbing Executive Branch Appropriation Reductions During Fiscal Emergencies, by Tyler J. Siewert here
95:4
Erie′s Suppressed Premise, by Michael Steven Green here
Constitutional Spaces, by Allan Erbsen here
Whose Claim Is This Anyway? Third-Party Litigation Funding, by Maya Steinitz here
The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law, by David Weissbrodt and Nathaniel H. Nesbitt here
Note: Hold Fast the Keys to the Kingdom: Federal Administrative Agencies and the Need for Brady Disclosure, by Justin Goetz here
Note: Turning Winners into Losers: Ponzi Scheme Avoidance Law and the Inequity of Clawbacks, by Karen E. Nelson here
Note: Expanding the Role of Trade Preference Programs, by Monica Patel here
95:5
Government Ethics and Bailouts: The Past, Present, and Future, by Nicole Elsasser Watson here
The Financial Crisis of 2008-2009: Capitalism Didn’t Fail, but the Metaphors Got a “C”, by Jeffrey M. Lipshaw here
Who Benefited from the Bailout?, by Jonathan G. Katz here
Fiduciary-Based Standards for Bailout Contractors: What the Treasury Got Right and Wrong in TARP, by Kathleen Clark here
Compromised Fiduciaries: Conflicts of Interest in Government and Business, by Claire Hill and Richard Painter here
Government Governance and the Need to Reconcile Government Regulation with Board Fiduciary Duties, by Lisa M. Fairfax here
Uncomfortable Embrace: Federal Corporate Ownership in the Midst of the Financial Crisis, by Steven M. Davidoff here
Dodd-Frank: Quack Federal Corporate Governance Round II, by Stephen M. Bainbridge here
Corporate Governance in an Age of Separation of Ownership from Ownership, by Usha Rodrigues here
Note: Insufficient Government Protection: The Inescapable Element in Domestic Violence Asylum Cases, by Elsa M. Bullard here
Note: The Problem with Waste: Delaware’s Lenient Treatment of Waste Claims at the Demand Stage of Derivative Litigation, by Jamie L. Kastler here
Note: Diversity Jurisdiction and Injunctive Relief: Using “Moving-Party Approach” to Value the Amount in Controversy, by Christopher A. Pinahs here
95:6
Privatization and the Sale of Tax Revenues, by Julie A. Roin here
Arrest Efficiency and the Fourth Amendment, by L. Song Richardson here
Children’s Constitutional Rights, by Anne C. Dailey here
Freedom of Testation / Freedom of Contract, by Adam J. Hirsch here
Note: Blowing Up the Pipes: The Use of (c)(4) to Dismantle Campaign Finance Reform, by Cory G. Kalanick here
Note: UNCLOS, but No Cigar: Overcoming Obstacles to the Prosecution of Maritime Piracy, by Ryan P. Kelley here
Note: When Sosa Meets Iqbal: Plausibility Pleading in Human Rights Litigation, by Jordan D. Shepherd here