Category: Issues

Volume 82, Number 4 (May 2009)

• Directors Elections and the Role of Proxy Advisors
  Article by Stephen J. Choi, Jill E. Fisch, & Marcel Kahan

• Taxation and the Competitiveness of Sovereign Wealth Funds: Do Taxes Encourage Sovereign Wealth Funds to Invest in the United States?
  Article by Michael S. Knoll

• NEPA and CEQA: Effective Legal Frameworks For Compelling Consideration of Adaptation to Climate Change
  Note by Katherine M. Baldwin

• The Fraud Exception to the Parol Evidence Rule: Necessary Protection for Fraud Victims or Loophole for Clever Parties?
  Note by Alicia W. Macklin

Volume 82, Number 3 (March 2009)

• The Emergent Logic of Health Care
  Article by M. Gregg Bloche

• The Failure of Private Equity
  Article by Steven M. Davidoff

• Second Amendment Standards of Review: What the Supreme Court Left Unanswered in District of Columbia v. Heller
  Note by Jason T. Anderson

• Reality’s Kids: Are Children Who Participate on Reality Television Shows Covered Under the Fair Labor Standards Act?
  Note by Adam P. Greenberg

Volume 82, Number 2 (January 2009)

• In Memoriam: A Tribute to Professor Charles H. Whitebread
  Article by Rich Chacon, Erwin Chemerinsky, James B. Curtis, Susan Estrich, Michael J. Graetz, Louise LaMothe & Michael Sims

• Beyond the Prisoners’ Dilemma: Coordination, Game Theory, and Law
  Article by Richard H. McAdams

• The Extraterritorial Constitution After Boumediene v. Bush
  Article by Gerald L. Neuman

• Rethinking the Material Adverse Change Clause in Merger and Acquisition Agreements: Should the United States Consider the British Model?
  Note by Andrew C. Elken

• Depictions of the Pig Roast: Restricting Violent Speech Without Burning the House
  Note by Michael Reynolds

Volume 82, Number 1 (November 2008)

• Is the Family at Odds with Equality? The Legal Implications of Equality for Children
  Article by Anne L. Alstott

• How Courts Can Protect State Autonomy from Federal Administrative Encroachment
  Article by Scott A. Keller

• Clearing a Path for Digital Development: Taking Patents in Eminent Domain Through the Adoption of Mandatory Standards
  Note by Brian Cook

• Ganging Up on RICO: Narrowing Gonzalez v. Raich to Preserve the Significance of the Jurisdictional Element as a Constitutional Limitation in the Racketeer Influenced and Corrupt Organizations Act
  Note by Noelle Formosa

• The Nonconstitutional Character of Ineffective Assistance of Counsel Claims in Immigration Proceedings: A Brief Comment on Afanwi v. Mukasey
  Postscript (Comment) by Patrick J. Glen

• Interpretive Bulletin 08-1 and Economically Targeted Investing: A Missed Opportunity
  Postscript (Comment) by Edward A. Zelinsky

Volume 81, Number 6 (September 2008)

• Corporate Law Preemption in an Age of Global Capital Markets
  Article by Chris Brummer

• The Right Not to Be a Genetic Parent?
  Article by I. Glenn Cohen

• What History Teaches Us About Copyright Injunctions and the Inadequate-Remedy-At-Law Requirement
  Article by H. Tomás Gómez-Arostegui

• The Unabomber Strikes Again: An Investigation into Whether the Victim and Witness Protection Act of 1982 Violates the First Amendment or Conflicts with the Copyright Act of 1976
  Note by Michael B. Norman

• Postpetition Interest on Unsecured Claims in the Case of a Solvent Debtor: Toward a More Consistent Statutory Regime
  Note by Alexander F. Porter

Volume 81, Number 5 (July 2008)

• Carhart, Constitutional Rights, and the Psychology of Regret
  Article by Chris Guthrie

• Climate Change: The China Problem
  Article by Michael P. Vandenbergh

• Cyber Crime 2.0: An Argument to Update the United States Criminal Code to Reflect the Changing Nature of Cyber Crime
  Note by Charlotte Decker

• Law in an Elevator: When Leveling Down Remedies Let Equality Off in the Basement
  Note by Jean Marie Doherty

Volume 81, Number 4 (May 2008)

• Duty Wars
  Article by W. Jonathan Cardi & Michael D. Green

• Trading Votes for Reasoning: Covering in Judicial Opinions
  Article by Stephen J. Choi & G. Mitu Gulati

• Protecting Privacy Expectations and Personal Documents in SEC Investigations
  Note by Abraham Tabaie

• Brown v. Kamehameha Schools: An Instrumental Critique of Remedial Self-Segregation in Private Education
  Note by Donald A. Thompson

Volume 81, Number 3 (March 2008)

• The Other Delegate: Judicially Administered Statutes and the Nondelegation Doctrine
  Article by Margaret H. Lemos

• On the Commander in Chief Power
  Article by David Luban

• Unreasonably Wrong: The Supreme Court’s Supremacy, the AEDPA Standard, and Carey v. Musladin
  Note by Padraic Foran

• Effecting the Impossible: An Argument Against Tax Strategy Patents
  Note by Michael Moulton