Print Issues

Volume 58, Issue 2


Letting Billions Slip Through Your Fingers

Empirical Evidence and Legal Implications of the Failure of Financial Institutions to Participate in Securities Class Action Settlements
by  James D. Cox & Randall S. Thomas

In 2004, securities fraud class action settlements produced $5.45 billion in cash to be distributed to defrauded investors. Institutional investors own the lion's share of the publicly traded equity securities in this country and therefore were entitled to collect most of that money by simply filing relatively simple claims forms documenting their trading during the…


Judicial Review Before Marbury

by  William Michael Treanor

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this Article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of…


From Markets to Venues

Securities Regulation in an Evolving World
by  Jonathan R. Macey & Maureen O'Hara

The world of securities trading is changing. Advances in technology, combined with the dramatic decrease in the cost of information processing, have conspired to change the way that securities transactions occur. While broker-dealers, specialists, and market makers still ply their trades, they are now joined by a host of new market participants such as robot…


Patenting Nanotechnology

by  Mark A. Lemley

Universities and companies are rushing to the patent office in record numbers to patent nanotechnology inventions. This rush to the patent office is so significant that many law firms have established nanotechnology practice groups and the U.S. Patent and Trademark Office has now created a new technology class designed to track nanotechnology products. Three big…


Testing Cruzan

Prisoners and the Constitutional Question of Self-Starvation
by  Mara Silver

In 1982, a New York court ordered the force-feeding of a prisoner who was attempting starvation to draw attention to the hungry children of the world. Two years later, the Supreme Court of New Hampshire held that, despite inflicting great pain and discomfort, prison officials could continue to feed an inmate with a nasogastric tube.…


Sovereign Immunity and Informant Defectors

The United States' Refusal To Protect Its Protectors
by  Michelle Visser

Once labeled the "highest-ranking Iraqi terrorist ever to defect to the West," and still considered "one of the true heroes in the international battle against terrorism," Adnan Awad risked his life and sacrificed his past to help the United States in its fight against terrorism. Backing out of a terrorist mission, Awad turned himself in…


Legal Uncertainty, Economic Efficiency, and the Preliminary Injunction Doctrine

by  Richard R. W. Brooks and Warren F. Schwartz

In this Article, we consider preliminary injunctions from a radically different perspective than that articulated in judicial opinions and prior legal scholarship. By conventional accounts, when confronted with uncertain legal entitlements, courts should consider preliminary awards only if adequate compensatory remedies are unavailable. The trouble with this "compensatory" view is that it is unresponsive to…