Category Archives: Uncategorized

Johannes W. Fedderke & Marco Ventoruzzo,Do Conservative Justices Favor Wall Street? Ideology and the Supreme Court’s Securities Regulation Decisions

The appointment of Supreme Court justices is a politically-charged process and the “ideology” (or “judicial philosophy”) of the nominees is perceived as playing a potentially relevant role in their future decision making. It is fairly easy to intuit that ideology … Continue reading

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Samuel R. Wiseman,What Is Federal Habeas Worth?

Federal habeas review of state non-capital cases under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is widely regarded as deeply flawed for producing a huge volume of costly litigation and very little relief. Many scholars have called … Continue reading

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Keith Cunningham-Parmeter, Marriage Equality, Workplace Inequality: The Next Gay Rights Battle

Same-sex marriage is not the only civil rights issue impacting the gay community. Although the Supreme Court’s decision in Obergefell v. Hodges represented a momentous victory on same-sex marriage, workplace protections affect far more people and remain a high priority … Continue reading

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Harwell Wells, A Long View of Shareholder Power: From the Antebellum Corporation to the Twenty-First Century

For most of the twentieth century, the conventional wisdom held—probably correctly—that shareholders in America’s large, public corporations were passive and powerless and that managers wielded the real power. Beginning in the 1980s, however, shareholders in the form of institutional investors … Continue reading

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Henry N. Butler, REMS-Restricted Drug Distribution Programs and the Antitrust Economics of Refusals to Deal with Potential General Competitors

The Food and Drug Administration Amendments Act of 2007 (FDAAA) grants the Food and Drug Administration (FDA) authority to require a Risk Evaluation and Mitigation Strategy (REMS) from drug manufacturers to ensure that a certain drug’s benefits outweigh its risks. … Continue reading

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Volume 67 • March 2015 • Number 2

ARTICLES Albert W. Alschuler, Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow Alafair S. Burke, Consent Searches and Fourth Amendment Reasonableness Jeffrey A. Lefstin, Inventive Application: A History Onnig H. Dombalagian, Principles for Publicness Kristen M. Blankley, Impact Preemption: … Continue reading

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