Law Review Article

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 »

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 Last Temptation of Congress: Legislator Insider Trading and the Fiduciary Norm Against Corruption

Sung Hui Kim

On January 24, 2012, during his State of the Union address, President Barack Obama called for a new law banning insider trading by members of Congress (which I refer to as “legislator insider trading”).  Within weeks, both houses of Congress, after dragging their feet for years on similar proposals, overwhelmingly… Read More »

Accepting the Limits of Tax Law and Economics

Alex Raskolnikov

It is no secret that over the past four decades, the economic analysis of legal rules has transformed several areas of economic regulation and influenced many others.   Yet, efficiency maximization—the ultimate goal of law and economics—has had little impact on the content of the Internal Revenue Code.  A more robust… Read More »

The Social Production of Counterterrorism

Aziz Huq

From where is security against the risk of domestic terrorism elicited?  Our first instinct is often to turn to the State and its diverse apparatus of police, military, and intelligence agencies as the canonical supplier of protection against violent risk.  Yet some recent examples hint at a different dynamic:

In… Read More »

Criminalizing Normal Adolescent Development in Communities of Color

Kristin Henning

Over the last quarter century, psychological research has shown that much of youth crime and delinquency is the product of normal adolescent development.  Compared to adults, adolescents often make impetuous and ill-considered decisions, are susceptible to negative influences and outside pressures, and have a limited capacity to identify and weigh… Read More »

Patent Holdup, the ITC, and the Public Interest

Colleen V. Chien & Mark A. Lemley

Patent-assertion entities (PAEs, also known as “patent trolls”) assert patents as a business model, traditionally using the threat of an injunction to reach a favorable settlement with the defendant.  That threat often results in patent holdup.  As Justice Anthony Kennedy articulated in his concurrence in eBay Inc. v. MercExchange, L.L.C.,… Read More »

Managerial Judging: The 9/11 Responders Tort Litigation

Alvin K. Hellerstein & James A. Henderson, Jr. & Aaron D. Twerski

After the tragic destruction of the Twin Towers on September 11, 2001 the nation faced the problem of providing compensation to the families of the victims who died as an immediate result of the attack.  Within days, Congress established a Victim’s Compensation Fund (VCF) that Kenneth R. Feinberg managed as… Read More »

Circumvention Tourism in Brief

I. Glenn Cohen & Stanley Chen

I. Introduction
The rapidly growing industry of medical tourism—the travel of patients from their “home country” to a “destination country” for treatment—raises a number of ethical and legal concerns.  “Circumvention tourism,” a term Cohen has coined for the subset of medical tourism for services that are legal in the destination… Read More »

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