Private Environmental Governance

Michael P. Vandenbergh

Environmental law is not what it once was.  It is no longer just a subfield of administrative law, starting with mandates in the form of statutes, translated into regulations enforced by agencies, and reviewed by courts, generating occasional iconic Supreme Court decisions such as Vermont Yankee,  It is… Read More »

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 »

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:, 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 »

The Dispute Threshold: How the Public Policy Rationale Fails to Guide the Application of Federal Rule of Evidence 408

Steve Y. Ma

Imagine that you contract with Joe’s Advertising Agency to provide marketing services.  In the middle of performing the contract, Joe presents you with a bill for the services rendered so far.  You and Joe dispute the manner in which the billing was supposed to be calculated under the… Read More »

Demystifying Conceptual Severance: A Comparative Study of the United States, Canada, and the European Court of Human Rights

Angela Chang

When a land-use regulation restricts a landowner’s freedom to use the land, at what point does that regulation overly burden the landowner, such that property has been effectively taken and compensation is due?  Under the Takings Clause of the 5or shall private property be taken for public use, without just… Read More »

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