Wholly Native to the First Amendment: The Positive Liberty of Self‐Government
The Supreme Court has unequivocally and repeatedly rejected as “wholly foreign to the First Amendment” any suggestion that legislatures can… Continue reading →
Issue 2
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Do the Merits Matter? Empirical Evidence on Shareholder Suits from Options Backdating Litigation
This Article examines a basic question in corporate law: Do the legal merits matter in stockholder litigation? A connection between… Continue reading →
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“Ideology” or “Situation Sense”? An Experimental Investigation of Motivated Reasoning and Professional Judgment
This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to… Continue reading →
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Adapting Copyright for the Mashup Generation
Growing out of the rap and hip hop genres as well as advances in digital editing tools, music mashups have… Continue reading →
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Discriminatory Discretion: PTO Procedures and Viewpoint Discrimination under Section 2(a) of the Lanham Act
The current standards for denying and cancelling trademarks under section 2(a) of the Lanham Act are insufficiently clear to prevent… Continue reading →
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Investor Participation in Initial Public Offerings
During an initial public offering (IPO), shares of a company are sold to the public for the first time. To… Continue reading →