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 …
Articles Bailouts and Credit Cycles: Fannie, Freddie, and the Farm Credit System By Julie Andersen Hill In September 2008, the United States government seized mortgage giants Fannie Mae and Freddie Mac. Since that time, the government has pumped $111 billion of new capital into these government-sponsored enterprises. Yet the future of these companies post-bailout is …
Symposium: New Governance and the Transformation of Law Foreword New Governance and Experimentalism: An Introduction Gráinne de Búrca Governance, Accountability, and the New Poverty Agenda Wendy A. Bach The Next Generation of Administrative Law: Building the Legal Infrastructure for Collaborative Governance Lisa Blomgren Bingham Governance Legalism: Hayek and Sabel on …
Articles The Death of Big Law By Larry E. Ribstein Large law firms face unprecedented stress. Many have dissolved, gone bankrupt, or significantly downsized in recent years. This Article provides an economic analysis of the forces driving the downsizing of Big Law. It shows that this downsizing reflects a basically precarious business model rather than …
Essay Reimagining Criminal Justice By Cecelia Klingele, Michael S. Scott & Walter J. Dickey The criminal justice system needs more than reform. It requires reimagining. In its present state, by every measure that matters, the criminal justice system is failing to deliver what can fairly be expected of it. In response to glaring deficiencies …
Address Abraham Lincoln: A Lawyer “For the Ages” By John S. Skilton From the Prairie to the Presidency–And Beyond Article Criminalizing the Denial of Honest Services After Skilling By Elizabeth R. Sheyn This Article analyzes the U.S. Supreme Court’s recent and groundbreaking decision in Skilling v. United States, which limited the application of the …