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 …
Articles Resolving the Foreclosure Crisis: Modification of Mortgages in Bankruptcy By Adam J. Levitin This Article empirically tests the economic assumption underlying the policy against bankruptcy modification of home-mortgage debt—that protecting lenders from losses in bankruptcy encourages them to lend more and at lower rates, and thus encourages homeownership. The data show that the assumption …
Articles The Puzzling Persistence of the Single-Entity Argument for Sports Leagues: American Needle and the Supreme Court’s Opportunity to Reject a Flawed Defense By Gabriel Feldman Later this term, the Supreme Court will hear American Needle, Inc. v. National Football League, a case that might fundamentally change professional sports and rewrite sports antitrust law. In …
Article Institutional Inequality By Catherine Albiston Employment discrimination statutes generally treat inequality as the product of discriminatory animus, but this approach undertheorizes how institutions construct identities and generate inequality. Drawing on neoinstitutionalist theories in sociology, this Article develops a theory of institutional inequality that focuses on how institutions give rise to inequality by reproducing the social …
Articles Public Access to Information on Private Land Conservation: Tracking Conservation Easements By Amy Wilson Morris & Adena R. Rissman Conservation easements reveal major tensions between the privacy concerns of landowners and the right of the public to access information about private land conservation. State and federal governments face important choices about how to provide …