Volume 90
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ArticleVol. 90 · Iss. 4
The Mugshot Industry: Freedom of Speech, Rights of Publicity, and the Controversy Sparked by an Unusual New Type of Business
Matthew Creed, a young entrepreneur in suburban Kansas City, decided to start a business. He created a website called BlabberMouth featuring the names, addresses,…
Allen Rostron -
ArticleVol. 90 · Iss. 4
Shame in the Security Council
The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of…
Saira Mohamed -
ArticleVol. 90 · Iss. 4
Police Misconduct as a Cause of Wrongful Convictions
This study gathers data from two mass exonerations resulting from major police scandals, one involving the Rampart division of the L.A.P.D., and the other…
Russell Covey -
ArticleVol. 90 · Iss. 4
Deconstructing Deem and Pass: A Constitutional Analysis of the Enactment of Bills by Implication
Since 1933, the U.S. House of Representatives has maintained a procedure, the self-executing rule, that permits a single floor vote to pass multiple independent…
Ronald J. Krotoszynski Jr. -
NoteVol. 90 · Iss. 4
A Trying Balance: Determining the Trier of Fact in Hybrid Admiralty-Civil Cases
Although admiralty is among the law’s oldest practices, it continues to play a vital role in modern litigation—whether that be through the transportation of…
Lily Kurland -
NoteVol. 90 · Iss. 4
Tossing the Red Flag: Official (Judicial) Review and Shareholder-Fan Activism in the Context of Publicly Traded Sports Teams
For some, it comes after their team squanders away a fourth quarter lead in the playoffs, engages in a hasty trade, or makes an…
Zachary A. Greenberg -
ArticleVol. 90 · Iss. 3
Merger Class Actions in Delaware and the Symptoms of Multi-Jurisdictional Litigation
Recent research on corporate litigation has focused on three trends: the growth in percentage of mergers that result in litigation, the migration of cases…
Adam B. Badawi -
ArticleVol. 90 · Iss. 3
Lies Without Liars? Janus Capital and Conservative Securities Jurisprudence
In Janus Capital Group, Inc. v. First Derivative Traders, the Supreme Court held that even if a mutual fund advisory firm had caused a…
Donald C. Langevoort -
ArticleVol. 90 · Iss. 3
The Trouble with Basic: Price Distortion after Halliburton
Many commentators credit the Supreme Court’s decision in Basic, Inc. v. Levinson, which allowed courts to presume reliance rather than requiring individualized proof, with…
Jill E. Fisch -
ArticleVol. 90 · Iss. 3
Bankruptcy and the Future of Aggregate Litigation: The Past as Prologue?
Part I of this Article recounts the development of the law of business reorganizations and the sustained attack on bankruptcy practice that culminated in…
Troy A. McKenzie -
ArticleVol. 90 · Iss. 3
The Decline of Class Actions
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to bring class action lawsuits, thereby undermining the compensation,…
Robert H. Klonoff -
ArticleVol. 90 · Iss. 3
Assembling Class Actions
Five times in the past few years, the Supreme Court has engaged the propriety of class actions. Taken together, these cases revisit certain core…
Samuel Issacharoff