It has long been taken as gospel that attorney advertising drives down the cost of legal services. The Supreme Court assumed it when first permitting attorney advertising in the landmark First Amendment case, Bates v. State Bar of Arizona. And, in the decades following Bates, courts, commentators, the ABA, and the FTC have followed suit, frequently touting advertising’s ability to cut consumer costs. [...]

China now has the second-largest number of Fortune Global 500 companies in the world. Most of the Chinese companies on the list are state-owned enterprises (SOEs) organized into massive corporate groups with a central governmentagency, known as SASAC, as their ultimate controlling shareholder. Despite these groups’ importance to China’s domestic economy and foreign investment strategy, many features of the SOE sector—particularly the organizational structure and governance characteristics of the SOE groups—remain a black box. [...]

The prevailing justification for trademark law depends on economic arguments that cannot account for much of the law’s recent development, nor for mounting empirical evidence that consumer decisionmaking is inconsistent with assumptions of rational choice. [...]

The role and ethical obligations of attorneys in class actions have received no shortage of scholarly attention. Much of this focus has been in the context of class certification hearings and assessment of the merits of settlements. Those inquiries are often ex post, focusing not on what attorneys may do, but on what they have already done. But what duties, if any, are owed by a plaintiff’s attorney to potential class members in a class action prior to certification? What is the scope of such a precertification fiduciary duty? [...]