Print Issues

Volume 68, Issue 2


The Private Order of Innovation Networks

by  Matthew Jennejohn

In a generation’s time, collaborative methods of innovation have become a centerpiece of modern economic organization. Rather than creating technology primarily in-house, companies often enter into complex contractual arrangements whereby innovation processes cross firm boundaries. This collaborative approach gives a firm access to external expertise without executing a full acquisition. Collaboration poses a puzzle for…


Material Facts in the Debate over Twombly and Iqbal

by  Jonah B. Gelbach

This Article presents empirical evidence concerning the adjudication of defendant-filed summary judgment motions. Using nearly 2000 randomly selected employment discrimination and contract cases, the Article tries to assess the performance of Twombly and Iqbal, which raised the federal pleading standard, in filtering cases according to merit. This Article begins by explaining how such data might…


The Inequities of AEDPA Equitable Tolling

A Misapplication of Agency Law
by  Jonathan Atkins, Danielle B. Rosenthal & Joshua D. Weiss

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) established a one-year statute of limitations for an inmate to file for federal habeas review after the completion of the direct appeal and the state collateral review process. Because AEDPA’s statute of limitations is complex, many petitioners for federal habeas miss the deadline and, with…


Beyond Pollard

Applying the Sixth Amendment’s Speedy Trial Right to Sentencing
by  Kristin Saetveit

The Sixth Amendment right to a speedy trial represents one of the most fundamental safeguards for criminal defendants secured by our Constitution. Notwithstanding its significance, the full scope of the right’s application remains uncertain, as lower courts have split on whether the right applies to sentencing proceedings. After the Supreme Court assumed without deciding that…