Symposium Issue — Thirty Years of Comparative Institutional Analysis: A Celebration of Neil Komesar The Logic of the Law and the Essence of Economics: Reflections on Forty Years in the Wilderness By Neil Komesar In this Article, I explore the role of comparative institutional analysis in understanding and reforming both legal analysis and economic analysis. …
Address Inequality, Individualized Risk, and Insecurity By Michael J. Zimmer The Thomas E. Fairchild Lecture University of Wisconsin Law School April 27, 2012 Colloquium Introduction: Measuring Value By Meredith J. Ross I am honored to have the opportunity to introduce this colloquium issue of the Wisconsin Law Review. The colloquium Essays address the role of …
Article First Amendment Architecture By Marvin Ammori The right to free speech is meaningless without some place to exercise it. But constitutional scholarship generally overlooks the role that judicial doctrine plays in ensuring the availability of spaces for speech. Indeed, scholarship generally characterizes doctrines that are concerned with speech spaces, such as public forums …
Symposium: The Changing Role and Nature of In-House Counsel In Memory of Larry E. Ribstein The Wisconsin Law Review dedicates this Symposium issue to Larry E. Ribstein. Before he passed away in December 2011, he was the Mildred Van Voorhis Jones Chair, Associate Dean for Research, and Co-Director of the Illinois Business Law and Policy …
Article Thinking Outside the (Tax) Treaty By Adam H. Rosenzweig While the legal literature contains numerous discussions on how to increase cooperation and resolve disputes in trade, investment, environment, intellectual property, and other areas, there has been remarkably little written on how to utilize these mechanisms to increase multinational cooperation for tax purposes. Rather, …
Address Bridging the Divide between Congress and the Courts By Barbara B. Crabb Most people give little thought to the relationship between Congress and the federal courts. It is the divide between Congress and the White House that provides headlines and engages pundits—and for good reason. The intransigent, in-your-face, high-stakes standoff between the two branches …
Articles An Invisible Union for an Invisible Labor Market: College Football and the Union Substitution Effect By Michael H. LeRoy Should college football players have collective bargaining rights? The National Collegiate Athletic Association’s (NCAA) contractual relationship with student-athletes provides scholarships while limiting the athletes’ earnings. This model is premised on the belief that players …
Article Selective Disclosure by Federal Officials and the Case for an FGD (Fairer Government Disclosure) Regime By Donna M. Nagy & Richard W. Painter This Article addresses a problem at the intersection of securities regulation and government ethics: the selective disclosure of market-moving information, by federal officials in the executive and legislative branches, to securities …
Address Thomas E. Fairchild: A Judge’s Legacy By The Honorable Joan H. Lefkow In Memoriam Tributes to Thomas E. Fairchild Articles Is It “Charitable” to Discriminate?: The Necessary Transformation of Section 501(c)(3) into the Gold Standard for Charities By Nicholas A. Mirkay Publish or Perish: The Electronic Availability of Summary Judgments by Eight …
Symposium: Intimacy, Race, Marriage, and the Meanings of Equality: Perspectives on the 40th Anniversary of Loving v. Virginia Loving and the Legacy of Unintended Consequences By Rachel F. Moran Taking the “Garbage” Out in Tulia, Texas: The Taboo on Black-White Romance and Racial Profiling in the “War on Drugs” By Kevin R. Johnson …