Criminal Law 2.0 – Preface to the 44th Annual Review of Criminal Procedure

Although we pretend otherwise, much of what we do in the law is guesswork. For example, we like to boast that our criminal justice system is heavily tilted in favor of criminal defendants because we’d rather that ten guilty men go free than an innocent man be convicted. There is reason to doubt it, because very […]

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A Statute by Any Other Name Might Smell Less Like S.P.A.M., or, The Congress of the United States Grows Increasingly D.U.M.B.

As in other circuses, where clowns sometimes cry poignant tears, humor in the U.S. Congress can be tinged with a certain sadness. Under the actual Big Top the irony is deliberate. To wit, it appears to have occurred to a number of lobbyists, Hill staffers, Members, and other drafters of legislation that there is something […]

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Investing in Detroit: Automobiles, Bankruptcy, and the Future of Municipal Bonds

On July 18, 2013, Detroit, Michigan became the largest municipality in United States history to file for bankruptcy. Since the days of Henry Ford, Americans have been investing in Detroit by buying its most famous product—automobiles. They have also been investing directly in Detroit itself, buying a financial product called municipal bonds. Detroit, along with […]

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Lessons from the Alien Tort Statute: Jus Cogens as the Law of Nations

This Note considers a judicial practice that identifies jus cogens as the law of nations by evaluating Alien Tort Statute jurisprudence. While it is generally accepted that a norm belonging to jus cogens is sufficient to fall within the jurisdictional scope of the Alien Tort Statute, this Note examines the stronger claim that jus cogens […]

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At Least Somewhat Exaggerated: How Reports of the Death of Delaware’s Duty of Care Don’t Tell the Whole Story

In 1985, corporate law underwent a sea-change as the Delaware Supreme Court in Smith v. Van Gorkom found that the directors of Trans Union violated their duty of care when they sold the company to takeover specialist Jay Pritzker for $55 per share—a $17 premium over the prevailing market share price. The next year, Delaware’s […]

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Measuring How Stock Ownership Affects Which Judges and Justices Hear Cases

Under the federal judicial recusal rules, judges and justices who directly own stock in companies must recuse themselves in cases involving those companies. However, there has been little effort to measure the impact of these recusals on the pool of judges and justices that hear cases involving publicly traded corporations. Our empirical analysis finds that […]

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Death Penalty Drugs and the International Moral Marketplace

Across the country, executions have become increasingly problematic as states have found it more and more difficult to procure the drugs they need for lethal injection. At first blush, the drug shortage appears to be the result of pharmaceutical industry norms; companies that make drugs for healing (mostly in Europe) have refused to be merchants […]

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Offensive Disclosure: How Voluntary Disclosure Can Increase Returns from Insider Trading

Can voluntary disclosure be used to enhance insiders’ insider-trading profits while providing legal cover? We investigate this question in the context of Rule 10b5-1 trading plans. Prior literature suggests that insiders reduce opportunities to profit from trades if their planned trades are disclosed. But disclosure might increase such opportunities because of an unappreciated characteristic of […]

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