Print Issue Volume 100 - Issue 4

Financial Weapons of War

A new type of warfare is upon us. In this new mode of war, finance is the most powerful weapon, bullets dare not fire, financial institutions are the targets, and almost everyone is at risk. Instead of smart bombs, improvised explosives, and unmanned drones––economic sanctions, financial restrictions, and cyber programs are the weapons of choice. […]

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Antitrust and the Robo-Seller: Competition in the Time of Algorithms

Increasingly firms are knitting together newly available mass-data collection, Internet-driven interconnective power, and automated algorithmic selling with their traditional supply chain and sales functions. Traditional sales functions such as competitive intelligence gathering and pricing are being delegated to software “robo-sellers.” This Article offers the first descriptive and normative study of the implications of this shift away […]

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Regulating Employment-Based Anything

Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. The reality is less complicated than advertised. Governments often consider intervention if markets fail to make some socially desirable Good X—such as education, health care, […]

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Note: Hard Choices: Where To Draw the Line on Limiting Selection in the Selective Reduction of Multifetal Pregnancies

In the last few years, a growing number of states have enacted or proposed laws that limit a woman’s right to have an abortion when her reasons for seeking the abortion are based on a specific characteristic of the fetus, most notably sex or the presence of a genetic abnormality, such as Down syndrome. At […]

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Note: Incorporating Cost into the Return of Incidental Findings Calculus: Defining a Responsible Default for Genetics and Genomics Researchers

The debate over returning incidental findings has been a hot topic in medical and legal circles for many years and is described as “one of the thorniest current challenges.” Currently, no federal or state laws regulate the disclosure of these findings. Although many agree that ethical duties arise in returning certain individual results and incidental […]

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Note: Haute off the Press: Refashioning Copyright Law To Protect American Fashion Designs from the Economic Threat of 3D Printing

Though invented in the early 1980s, three-dimensional (3D) printing recently became a topic of discussion when advancements in the field revealed the technology’s ability to transform industries and revolutionize consumer capabilities. In the past few years, society witnessed everything from 3D-printed prosthetic limbs to children’s toys. While many scholars deliberate the technology’s potential impact on […]

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The Distributive Deficit in Law and Economics

Welfarist law and economics ignores the distributive consequences of legal rules to focus solely on efficiency, even though distribution unambiguously affects welfare, the normative maximand. The now-conventional justification for disregarding distribution is the claim of tax superiority: that the best means of influencing or correcting distribution is via tax-and-transfer. Critics have observed that optimal redistribution […]

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Restoring Reason to the Third Party Doctrine

This Article takes as its starting point the recent turmoil over the continued vitality of the Fourth Amendment’s third party doctrine. The doctrine has long held that the government’s examination of information in the hands of a third party—whether a bank, a telephone company, or simply a friend—cannot constitute a search under the Fourth Amendment. […]

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Reconsidering Fictitious Pricing

Advertised price discounting recently proliferated in retail markets, bringing with it deceptive discounting or “fictitious pricing.” Many retailers advertise discounts based on fictitious or false prior-reference prices. In the immediate post-war era, the Federal Trade Commission (FTC) regularly prosecuted fictitious-pricing cases. The FTC ceased prosecuting those cases in 1969. This Article explains why the FTC […]

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Anticompetitive Patent Injunctions

The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on the hardships an injunction might impose on the litigants and the public. This Article demonstrates, however, that courts sometimes could rely instead on a consideration far more relevant to the patent system’s goal of promoting innovation: the […]

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