• 22 January 2014


Sarah Tran

This essay is based off of Sarah Tran, Cyber-Republicanism, 55 Wm. & Mary L. Rev. __ (2013).
A blogger, concerned about the quality of her children’s school lunches, helped successfully pressure Congress and the U.S. Department of Agriculture (USDA) into letting schools choose for the first time whether children must consume “pink slime” in their school lunches. The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Interior (DOI) tightened their oversight of the hydraulic fracturing (fracking) industry after YouTube videos of homeowners lighting their tap water on fire gained widespread publicity. The Susan B. Komen Foundation abandoned its plan to eliminate funding for Planned Parenthood and saw five of its high-ranking executives resign while protests about the Foundation’s plan went viral on social media sites like Twitter and Facebook.
Each of these incidents reflects an ever increasing trend—the use of social media as a tool for ordinary… Read More »

Private Environmental Governance

Michael P. Vandenbergh

Redrawing the Public-Private Boundaries in Entrepreneurial Capital Raising

Robert B. Thompson & Donald Langevoort

Congress enacted the Jumpstart Our Business Startups (JOBS) Act in 2012 amidst a perceived crisis in entrepreneurial capital raising. The number of initial public offerings (IPOs)—long the gold standard for capital raising by successful emerging companies—has dropped off considerably in the last decade. Companies not yet large or successful enough… Read More »

Law and Entrepreneurial Opportunities

D. Gordon Smith & Darian M. Ibrahim

“Opportunity” is a central concept in entrepreneurship research.  Entrepreneurial opportunities are the subset of market opportunities that involve some form of novelty or innovation.  In our Article, we explore the relationship between law and entrepreneurial opportunities. Before discussing the law, however, we delve in the entrepreneurship and psychology literatures to better… Read More »

  • 24 October 2013

Trademark Morality

Mark Bartholomew

This essay is based off of Mark Bartholomew, Trademark Morality, 55 Wm. & Mary L. Rev. __ (2013).
Trademark law is typically framed through the lens of efficiency. Judging from published decisions and law review articles, trademark law’s prime directive is to remove obstacles from the consumer experience.[1] According to this line… Read More »

Carrots and Sticks: How VCs Induce Entrepreneurial Teams to Sell Startups

Brian Broughman & Jesse M. Fried

Venture capitalists (VCs) play a significant role in the financing of high‑risk, technology-based business ventures.  Many of America’s best‑known public companies began as VC-backed firms: Amazon.com, Apple, FedEx, Intel, Microsoft, and Starbucks, to name a few.  Not surprisingly, venture capital is considered to be an important contributor to economic growth… Read More »

Virtual Assembly

John D. Inazu

We value groups for many reasons, but we value them constitutionally—under the First Amendment—because we believe that they help secure self-realization, self-governance, and dissent from majoritarian politics.  Most of us believe the groups that we form (or at least some of them) are for us and not for the state… Read More »

Pleading Guilty to Death: Protecting the Capital Defendant’s Sixth Amendment Right to a Jury Sentencing After Entering a Guilty Plea

Sarah Breslow

On September 23, 2010, Teresa Lewis became the first woman to be executed in Virginia in nearly a century. As individuals at Greensville Correctional Center inserted intravenous lines into Lewis’s arms, she sang hymns. She offered her last words to her stepdaughter: “I love you and I’m very sorry.” Eighteen… Read More »

The Merger Agreement Myth

Jeffrey Manns & Robert Anderson

Practitioners and academics have long assumed that markets value the deal-specific legal terms of merger agreements yet have failed to subject this premise to empirical scrutiny.  Mergers are high-stakes events, so it is unsurprising that the conventional wisdom posits that value is at stake in drafting acquisition agreements and negotiating… Read More »

The Split Benefit: The Painless Way to Put Skin Back in the Health Care Game

Christopher Robertson

In 2009, U.S. health care spending reached approximately $2.5 trillion or 17.6% of GDP.  We spend more on health care than on food, housing, transportation, or anything else.  Congressional Budget Office (CBO) leaders have argued that “our country’s financial health will in fact be determined primarily by the growth rate… Read More »