Issue 3
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ArticleVol. 99 · Iss. 3
Antitrust Harm and Causation
Introduction This article addresses a question at the core of antitrust enforcement: how should government enforcers or other plaintiffs identify and address harm from…
Herbert Hovenkamp -
ArticleVol. 99 · Iss. 3
Insuring the ‘Uninsurable’: Catastrophe Bonds, Pandemics, and Risk Securitization
ABSTRACT In principle, governments could protect against the potential economic devastation of future pandemics by requiring businesses to insure against pandemic-related risks. In practice,…
Steven L. Schwarcz -
ArticleVol. 99 · Iss. 3
Stealth Governance: Shareholder Agreements and Private Ordering
ABSTRACT Corporate law has embraced private ordering—tailoring a firm’s corporate governance to meet its individual needs. Firms are increasingly adopting firm-specific governance through dual-class…
Jill E. Fisch -
ArticleVol. 99 · Iss. 3
A Duty of Loyalty for Privacy Law
ABSTRACT Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their…
Neil Richards & Woodrow Hartzog -
CommentaryVol. 99 · Iss. 3
Lowball Rural Defense
Abstract Focus on the deleterious effects of the privatization of functions in both the criminal adjudicative system and criminal legal system has increased on…
Maybell Romero -
NoteVol. 99 · Iss. 3
MDMA and Psilocybin for Mental Health: Deconstructing the Controlled Substances Act’s Usage of “Currently Accepted Medical Use”
ABSTRACT MDMA and psilocybin are drugs that exhibit almost never-before-seen relief—including complete remission—from debilitating mental health disorders including Post Traumatic Stress Disorder (PTSD) and…
Nabil Al-Khaled -
NoteVol. 99 · Iss. 3
Boarding Up Vacancy with Statutory Solutions: Modifying the Partition Process for Heirs Property and Investing in Estate Planning Tools
Introduction: The Human Cost of Vacancy “Behind every vacant property there is a story,” and that story represents a wickedly complex narrative. Consider the…
Rosalie Swingle