Print Issue Volume 91 - No. 2

Permissive Rules of Professional Conduct

In the wake of Enron’s collapse and other corporate scandals, the Securities and Exchange Commission considered adopting a regulation requiring lawyers in certain circumstances to publicly report corporate misconduct. The American Bar Association countered by expanding model disciplinary rules that allow, but do not require, lawyers to disclose client confidences to avert harm to third […]

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In Defense of Redistribution Through Private Law

Most people agree that enhancing individuals’ well-being and promoting equality among them are important goals of the state. Much more controversial, however, is the question of which means should be used to redistribute welfare. An ongoing debate centers on whether redistribution should be attained solely through taxes and transfer payments, or also via legal rules, […]

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The Jurisdictional Heritage of the Grand Jury Clause

For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to be a mandatory prerequisite to a federal court’s exercise of criminal subject matter jurisdiction. Under that view of the Grand Jury Clause, a defendant in a federal felony case could neither waive nor forfeit the right to grand […]

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Terms of Use

Electronic contracting has experienced a sea change in the last decade. Ten years ago, courts required affirmative evidence of agreement to form a contract. No court had enforced a “shrinkwrap” license, much less treated a unilateral statement of preferences as a binding agreement. Today, by contrast, it seems widely (though not universally) accepted that if […]

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Note, Evaluating the Integraty of Biotechnology Research Tools: Merck v. Integra and the Scope of 35 U.S.C. § 271(e)(1)

Patents are critical in the biotechnology and pharmaceutical sectors. However, patents have inhibited competition in certain instances. For example, until the 1980s, pioneer drug companies benefited from a de facto “patent term windfall” because generic manufacturers could not begin the regulatory approval process of their generics until after the pioneer drug patent expired. In response, […]

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De Novo

  • Prison for the Innocent

    PRISON FOR THE INNOCENT: THE ‘NEWLY DISCOVERED EVIDENCE’ STANDARD THROUGH THE LENS OF NASH V. RUSSELL By: Alexa Ely, Volume 102 Staff Member Since 1989, there have been over 2,120 exonerations with nearly 18,450 years lost in prison by innocent men and women in the United States criminal justice system.[1] […]

  • “Transgender Need Not Apply”

    ‘TRANSGENDER NEED NOT APPLY’[1]: HOW THE SESSIONS MEMO THREATENS ESSENTIAL WORKPLACE PROTECTIONS FOR TRANSGENDER INDIVIDUALS By: Libby Bulinski, Volume 102 Staff Member On October 4th, 2017, U.S. Attorney General Jeff Sessions issued a memorandum stating that Title VII of the 1964 Civil Rights Act does not prohibit discrimination based on […]

  • Scandal in the NCAA

    SCANDAL IN THE NCAA: A FIDUCIARY TALE By: Andrew Escher, Volume 102 Staff Member Common wisdom holds that sports bring people together. In circumstances as varied as a Texas high school at a Friday night football game or an entire country during the Olympics, athletics gives disparate groups of people […]


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