Articles Laws Against Bubbles: An Experimental-Asset-Market Approach to Analyzing Financial Regulation By Erik F. Gerding Introducing a Takedown for Trade Secrets on the Internet By Elizabeth A. Rowe Comment A More Palatable Solution? Comparing the Viability of Smart Growth Statutes to Other Legislative Methods of Controlling the Obesity Epidemic By Graham M. Catlin Note …
Address Bayh-Dole: Wisconsin Roots and Inspired Public Policy By Carl E. Gulbrandsen Articles Habeas Without Rights By Jared A. Goldstein A Critical Reassessment of the GAO Bid-Protest Mechanism By Robert S. Metzger & Daniel A. Lyons Notes Wisconsin Confidential: The Mystery of the Wisconsin Supreme Court’s Decision in Burbank Grease Services v. Sokolowski and …
Address Snapshots from the Seventh Circuit: Continuity and Change, 1966–2007 By Hon. Diane P. Wood The Fairchild Lecture, University of Wisconsin Law School, April 27, 2007 Articles Nonprosecution Agreements as Contracts: Stolt-Nielsen and the Question of Remedy for a Prosecutor’s Breach By Sarah Baumgartel This Article explores the possible remedies available to a corporate defendant …
Symposium: The Future of Monopoly and Monopolization The Spectrum of Monopolism: An Introduction to the Future of Monopoly and Monopolization By Albert A. Foer An Overview of Section 2 Enforcement and Developments By Bonny E. Sweeney Multijurisdictional Regulation of Monopoly in a Global Market By Henry C. Thumann Should Developing Countries Worry …
Articles The Proper Role of Courts: The Mistakes of the Supreme Court in Leegin By Lance McMillian Separation of powers matters. Accordingly, each branch of the federal government should remain faithful to its institutional role. However, in the 2007 case of Leegin Creative Leather Products v. PSKS, Inc., the United States Supreme Court betrayed this …
Articles Human Dignity Under the Fourth Amendment By John D. Castiglione In this Article, I propose that human dignity, as defined, should stand alongside privacy as a primary animating principle of the Fourth Amendment. While dignity as a concept has always existed around the periphery of search-and-seizure jurisprudence, and has intermittently been cited by the …
Articles Taxation Without Liquidation: Rethinking “Ability to Pay” By Sergio Pareja This Article proposes a novel way to tax wealth transfers. Specifically, it suggests that we divide all assets transferred by gift or bequest into two classes—illiquid assets and liquid assets. The recipient should include those assets in income but be allowed two options. With …
Articles Is Prison Increasing Crime? By Martin H. Pritikin Scholars have identified various ways in which incarceration may unintentionally cause crime. What the literature lacks, however, is an attempt to catalog all of the crime-causing, or “criminogenic,” effects of incarceration, and estimate their aggregate impact. This Article makes an initial attempt to do just that. …
Address Thoughts on How the Legal System Treats Jurors By United States Attorney Patrick J. Fitzgerald The Thomas E. Fairchild Lecture, University of Wisconsin Law School, April 18, 2008. Article Judicial Independence and Nonpartisan Elections By Brandice Canes-Wrone & Tom S. Clark This Article argues against the conventional wisdom about nonpartisan judicial elections. In contrast …
Symposium: The Continuing Evolution of Securities Class Actions Basic at Twenty: Rethinking Fraud on the Market By Donald C. Langevoort Counterfactual Keys to Causation and Damages in Shareholder Class-Action Lawsuits By Frederick C. Dunbar & Arun Sen The “Innocent Shareholder”: An Essay on Compensation and Deterrence in Securities Class-Action Lawsuits By Lawrence …