Print Issues

Volume 72, Issue 3


Consumer Psychology and the Problem of Fine-Print Fraud

by  Meirav Furth-Matzkin & Roseanna Sommers

This Article investigates consumers’ beliefs about contracts that are formed as a result of fraud. Across four studies, we asked lay survey respondents to judge scenarios in which sellers use false representations to induce consumers to buy products or services. In each case, the false representations are directly contradicted by the written terms of the…


The Myth of Personal Liability

Who Pays When Bivens Claims Succeed
by  James E. Pfander, Alexander A. Reinert & Joanna C. Schwartz

In Bivens v. Six Unknown Named Agents, the Supreme Court held that federal law creates a right to sue federal officials for Fourth Amendment violations. For the last three decades, however, the Court has cited the threat of individual liability and the burden of government indemnification on agency budgets as twin bases for narrowing the…


Executive (Agency) Administration

by  Bijal Shah

The current account of executive power is incomplete. Before joining the Supreme Court, Elena Kagan noted that the President seeks control over the executive branch. Kagan referred to this paradigm as “presidential administration.” Kagan’s work and the significant body of literature it spawned have also acknowledged, however, that independent agencies are generally outside the ambit…


Fallacious Reasoning

Revisiting the Roper Trilogy in Light of the Sexual-Abuse-to-Prison Pipeline
by  Marjory Anne Henderson Marquardt

Roper v. Simmons and its progeny fundamentally altered juvenile justice jurisprudence. In the aftermath of these cases, scholars devoted research to the force behind the Supreme Court’s requirement that children have “a meaningful opportunity for release,” state judicial and legislative responses to the cases, and possible extensions of these cases to abolish certain juvenile sentencing…


Antitrust and Authorized Generics

A New Predation Analysis
by  Natalie Peelish

Much attention in the antitrust world has been focused on efforts by brand drug manufacturers to delay or deter generic entry into the pharmaceutical markets following these brand drugs’ loss of patent exclusivity. Scholars have recounted and criticized recent exclusionary techniques by brand drug manufacturers, including pay-for-delay (or reverse-payment settlement) agreements, noncash pay-for-delay agreements, and…