Law Commons^™

The Forgotten Jurisprudential Debate: Catholic Legal Thought’S Response To Legal Realism, John M. Breen, Lee J. Strang

Faculty Publications & Other Works

No abstract provided.

Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.

Copyright Trolling, An Empirical Study, Matthew Sag

Faculty Publications & Other Works

ABSTRACT: This detailed empirical and doctrinal study of copyright trolling presents new data showing the astonishing rate of growth of multi-defendant John Doe litigation in United States district courts over the past decade. It also presents new evidence of the association between this form of litigation and allegations of infringement concerning pornographic films. Multi-defendant

John Doe lawsuits have become the most common form of copyright litigation in several U.S. districts, and in districts such as the Northern District of Illinois, copyright litigation involving pornography accounts for more than half of new cases.

This Article highlights a fundamental oversight in the …

Understanding The Tethered Generation: Net Gens Come To Law School, Mary Ann Becker

Faculty Publications & Other Works

No abstract provided.

Halliburton, Basic, And Fraud On The Market: The Need For A New Paradigm, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Toward A Critical Corporate Law Pedagogy And Scholarship, Steven A. Ramirez, Cheryl L. Wade, Andre Douglas Pond Cummings

Faculty Publications & Other Works

No abstract provided.

The Significance And Impact Of Price Distortion And The Fraud-On-The-Market Theory After Halliburton Ii, Charles W. Murdock

Faculty Publications & Other Works

This past summer, the United States Supreme Court handed down its decision in Halliburton v. Erica P. John Fund, Inc. (“Halliburton II”), in which the Court held that a defendant may establish lack of price impact at the certification stage to establish a lack of reliance based upon the fraud-on-the-market theory. This was the third decision in three years dealing with the fraud-on-the-market approach to establishing commonality with respect to reliance by plaintiffs on management’s misrepresentations. In so doing, the Supreme Court retained market efficiency as an element of the fraud-on-the-market theory, but also reflected a broader and …

Rodrigo’S Abstraction: Capitalism Inequality & Reform Over Time And Space, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

How Federal Tax Expenditures That Support Housing Contribute To Economic Inequality, Henry Rose

Faculty Publications & Other Works

No abstract provided.

Antisemitism And Hate Speech Studies, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

The Outer Limits Of Realization: Weiss V. Stearn And Corporate Dilution, Jeffrey L. Kwall, Katherine K. Wilbur

Faculty Publications & Other Works

The United States Supreme Court's 1924 Weiss v. Stearn decision involved a classic case of corporate dilution. In that case, a corporation ("Oldco') transferred its business to a new corporation ("Newco ') in a transaction in which the Oldco shareholders surrendered all their stock for 50 percent of the stock of Newco (and cash). The transaction diluted the proprietary interest of the Oldco shareholders from 100 percent to 50 percent. Because the Oldco shareholders surrendered control of the enterprise, the 50 percent interest they received in Newco was fundamentally different from the 100 percent interest they had owned in Oldco. …

Free Speech Constitutionalism, Alexander Tsesis

Faculty Publications & Other Works

In his Article, Professor Tsesis examines the three dominant normative rationales for free speech in the United States. In turn, he critiques the theories that free speech furthers democratic institutions, that free speech furthers personal autonomy, and, lastly, that free speech advances knowledge by perpetuating a marketplace of ideas. While Professor Tsesis finds much to recommend in each theory, he also finds each lacking. He concludes that the present theories are too narrow to describe the range of concerns encompassed by the First Amendment's Free Speech Clause. As such, Tsesis proposes that First

Amendment doctrine should reflect a general theory …

Promoting Innovation, Matthew Sag, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

The Overlooked Benefits Of The Blackstone Principle, John Bronsteen

Faculty Publications & Other Works

No abstract provided.

Of Word Grenades And Impermeable Walls: Imperial Scholarship Then And Now, Juan F. Perea

Faculty Publications & Other Works

No abstract provided.

90 Years Of African American Diversity, Thomas M. Haney

Faculty Publications & Other Works

No abstract provided.

Sovereignty Under Siege: Corporate Challenges To Domestic Intellectual Property Decisions, Cynthia M. Ho

Faculty Publications & Other Works

Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more significant than the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), a landmark international agreement concluded twenty years ago, that for the first time required all countries to provide "minimum" levels of intellectual property rights; before that time, countries were not obligated to provide any such rights at all. Since the conclusion of TRIPS, policymakers …

Selling Chevron, Christine Chabot

Faculty Publications & Other Works

No abstract provided.