Print Issues

Volume 65, Issue 4


Attorney Advertising and the Contingency Fee Cost Paradox

by  Nora Freeman Engstrom

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,…


We Are the (National) Champions

Understanding the Mechanisms of State Capitalism in China
by  Li-Wen Lin & Curtis J. Milhaupt

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 government agency, known as SASAC, as their ultimate controlling shareholder. Despite these groups’ importance to China’s domestic economy and foreign investment…


Marks, Morals, and Markets

by  Jeremy N. Sheff

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. But the only extant theoretical alternative to economic analysis is a Lockean “natural rights” theory that scholars have found even…


Front-End Fiduciaries

Precertification Duties and Class Conflict
by  Nick Landsman-Roos

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…


Federalism and the State Civil Jury Rights

by  Eric J. Hamilton

Judicial federalism scholarship has concentrated on the interplay between the U.S. Supreme Court and state supreme courts for incorporated rights, where the former sets the floor for rights in the states. But little has been said about judicial federalism and the unincorporated rights, where states are unrestricted in their freedom to define the rights. The…