Headnotes

Due Process Limits on Accomplice Liability

In a prior piece in this journal, I noted some disturbing developments in the law of accomplice liability. By definition, complicity law attaches guilt to the accomplice for the criminal acts of others.  Thus, no matter how trivial the assistance or commitment, she is as guilty as the actual criminal actor.  The notion of guilt for subsequent crimes [...]

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Obergefell and the “New” Reproduction

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Paying High for Low Performance

This Essay argues that regulatory reforms in the area of executive compensation introduced by the Dodd-Frank Act of 2010 have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay [...]

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The Optimal Scope of Physicians’ Duty to Protect Patients’ Privacy

When discussing the optimal scope of the duty to protect patients’ privacy, the literature compares two incommensurable interests: privacy and safety. Policymakers face a difficult task when trying to find an optimal solution, balancing these two, often conflicting, interests. In this article, we confront the trade-off between patient confidentiality and public safety as manifested in [...]

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The Supreme Court’s Quiet Expansion of Qualified Immunity

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The Supreme Court’s Quiet Expansion of Qualified Immunity

This Essay discusses the Supreme Court’s tendency in recent opinions to covertly expand the reach of the qualified immunity defense available to public officials in § 1983 civil rights suits. In particular, the Essay points out that the Court, often in per curiam rulings, has described qualified immunity in increasingly broad terms and has qualified [...]

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A Global Collection: Reviewing The Global Limits of Competition Law

The Global Limits of Competition Law is the first installment in Daniel Sokol’s and Ioannis Lianos’s ambitious new series from Stanford University Press, Global Competition Law and Economics. The project is ambitious because it takes on a potentially unbounded topic, and one that is constantly changing. It is also ambitious because Sokol and Lianos enter [...]

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When Too Little Is Too Much: Why the Supreme Court Should Either Explain Its Opinions or Keep Them to Itself

In 1972, the Supreme Court released what appears on its face to be one of the simplest opinions in its history. That decision, Baker v. Nelson, read, in its entirety: “The appeal is dismissed for want of a substantial federal question.” That’s it. Eleven straightforward words. But, as is often the case in the law, [...]

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Burying Best Interests of the Resulting Child: A Response to Professors Crawford, Alvaré, and Mutcherson

In this Article, Professor Cohen responds to Articles by Professors Crawford, Alvaré, and Mutcherson, who wrestle with the arguments he raises in Regulating Reproduction: The Problem with Best Interests and Beyond Best Interests.

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More than Winners and Losers: The Importance of Moving Climate and Environmental Policy Debate Toward a More Transparent Process

Professor J.B. Ruhl’s article, The Political Economy of Climate Change Winners, seeks to break down this wall of silence. In his article, Professor Ruhl sets out a case for the existence of “climate change winners,” the importance of recognizing this phenomenon for purposes of crafting climate change policy, and policy proposals that he believes will [...]

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De Novo

  • Dan’s Flaw

    DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and [...]

  • Case Comment: Bhogaita v. Altamonte

    EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit.[1] Although the case presented many serious [...]

  • Revisiting Water Bankruptcy

    REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself[1]—Governor Jerry Brown issued an unprecedented order to reduce potable urban water [...]