Issue 1
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ArticleVol. 90 · Iss. 1
The Irrelevance of Politics for Arbitrary and Capricious Review
This Article contends that, properly understood, judicial review of agency action under the reasoned decision-making standard precludes a court from considering political influence, but…
Mark Seidenfeld -
ArticleVol. 90 · Iss. 1
License to Deal: Mandatory Approval of Complex Financial Products
“There is definitely going to be another financial crisis around the corner because we haven’t solved any of the things that caused the previous…
Saule T. Omarova -
ArticleVol. 90 · Iss. 1
Proxy Signals: Capturing Private Information for Public Benefit
This Article presents an original empirical methodology to identify which patent laws will best promote optimal incentives to innovate for society. Vociferous debates over…
Gregory N. Mandel -
CommentaryVol. 90 · Iss. 1
To Swear or not to Swear: Using Foul Language During a Supreme Court Oral Argument
Swearing is not the first thing that comes to mind when preparing for a Supreme Court oral argument. But for lawyers arguing certain types…
Alan E. Garfield -
NoteVol. 90 · Iss. 1
The Speaker the Court Forgot: Re-Evaluating NLRA Section 8(b)(4)(B)’s Secondary Boycott Restrictions in Light of Citizens United and Sorrell
In the staggeringly unpopularCitizens United v. Federal Election Commission decision, the Supreme Court overruled precedent and struck down a federal law that placed restrictions…
Zoran Tasić -
NoteVol. 90 · Iss. 1
Antibiotic Maximalism: Legislative Assaults on the Evidence-Based Treatment of Lyme Disease
Antibiotics, and the deadly pathogens that have evolved to resist them, are one of the major public health concerns of our time. The introduction…
Joseph B. Franklin