Volume 91
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ArticleVol. 91 · Iss. 4
Pushing the Limits of Jurisdiction Over Foreign Actors Under the Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act (the “FCPA”) is the primary law used by the United States to combat global corruption and bribery. As anti-corruption…
Natasha N. Wilson -
ArticleVol. 91 · Iss. 4
From Cautionary Example to “City on a Hill”: Revitalizing Saint Louis May Require an Innovative Regional Taxation Model
To grasp the depth of the challenges facing many American metropolitan areas (“metros”) today, it is necessary to consider these metros in the context…
David Libonn -
ArticleVol. 91 · Iss. 4
The Anomaly of Entrapment
Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying…
Jessica A. Roth -
ArticleVol. 91 · Iss. 4
Damages for Indirect Patent Infringement
In many patent infringement cases, the only practical way that the plaintiff can obtain relief is on a theory of secondary liability, which is…
Dmitry Karshtedt -
ArticleVol. 91 · Iss. 4
The Conventional Option
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster…
Sergio J. Campos & Gregory Koger -
ArticleVol. 91 · Iss. 4
Formalizing Gratuitous And Contractual Transfers: A Situational Theory
By tradition, gifts, wills, and contracts are formalized according to protocols established within each legal category. This Article examines the policies that underlie these…
Adam J. Hirsch -
CommentaryVol. 91 · Iss. 4
Breaking Bad? Too-Big-To-Fail Banks Not Guilty As Not Charged
Since the 2008 financial crisis, rating agencies, regulators, global organizations, and academics have argued that large banks receive significant competitive advantages because the market…
Nizan Geslevich Packin -
ArticleVol. 91 · Iss. 3
The ‘Shell Bill’ Game: Avoidance and the Origination Clause
With increasing frequency, many important revenue laws, such as the Affordable Care Act and the American Taxpayer Relief Act of 2012, begin as “shell…
Rebecca M. Kysar -
ArticleVol. 91 · Iss. 3
For-Profit Corporations, Free Exercise, and the HHS Mandate
Under the Patient Protection and Affordable Care Act, most employers must provide their employees with health insurance that covers all FDA-approved contraceptive methods and…
Scott W. Gaylord -
ArticleVol. 91 · Iss. 3
The Arbitration Clause as Super Contract
It is widely acknowledged that the purpose of the Federal Arbitration Act (FAA) was to place arbitration clauses on equal footing with other contracts.…
Richard Frankel -
ArticleVol. 91 · Iss. 3
Strange Bedfellows at Work: Neomaternalism in the Making of Sex Discrimination Law
In contests about pregnancy discrimination during the 1970s, feminists, the business lobby, and anti-abortion activists disputed the meaning of sex equality. Existing scholarship has…
Deborah Dinner -
CommentaryVol. 91 · Iss. 3
Misconstruing Graham & Miller
In the last three years, the Supreme Court has decreed a sea change in its juvenile Eighth Amendment jurisprudence. In particular, in Graham v.…
Cara H. Drinan