Volume 76 (Current Volume)
Defending Children’s Data Privacy: Strategies for the 21st Century
Zoë MacDonald Volume 76, Issue 2, 589-628 Children’s use of social media has been linked to an overwhelming number of adverse effects on their mental health, privacy, and well-being. There is a general consensus among parents, researchers, and lawmakers that...
California’s BUG Problem: The Backup Generation Information Gap and its Impact on Vulnerable Communities
Andrew H. Jacobs Volume 76, Issue 2, 561-588 California’s electricity system has faced unprecedented challenges in recent years. Extreme heat, wildfires, and additional severe weather events stressed the system to a breaking point. The state’s electric grid operator...
Litigation as Accommodation
Matthew A. Shapiro Volume 76, Issue 2, 511-560 As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public...
11th Hour Option Discounting: The Significance of IPO Prognostications in Fixing Equity Compensation
Sven Riethmueller Volume 76, Issue 2, 409-510 This article examines the pervasive practice by pre-IPO firms of granting stock options as compensation while preparing to go public. These last-minute option grants, which are typically not contingent upon initial public...
Beyond Privity of Blood: Intestacy and Charity
Adam J. Hirsch Volume 76, Issue 2, 353-408 When an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the...
Breaking Up Bottlenecks in Big Tech and Everywhere Else: Two Remedies That Keep Your Packages Arriving in Two Days
Peter Carstensen & Darren Bush Volume 76, Issue 2, 305-352 This article addresses the colossal problem of remedy in antitrust and regulatory cases combatting monopoly “bottlenecks.” A bottleneck monopoly lies somewhere along the chain of production and...
Working From 10 to 5, What a Way to Make a Livin’: The SEC’s Most Recent Amendments to Promote Corporate Governance and Curb Exploitative Hedge Fund Activism
Richard Young Volume 76, Issue 1, 275-304 This Note investigates the evolving regulatory landscape following the 2023 SEC amendments regarding beneficial ownership reporting. It begins by analyzing the rise of hedge fund activism and its influence on corporate...
Debt End: The “Texas Two-Step” and the Constitution
Kirk Rider Volume 76, Issue 1, 243-274 The “Texas Two-Step” is a novel means of forcing a settlement agreement on mass-tort claimants. Corporations utilize the Two-Step bankruptcy strategy using a state law merger statute to split itself in two. One half of the...
Patent Infringement, Private Law, and Liability Standards
Robert P. Merges Volume 76, Issue 1, 161-242 Private law governs interactions among private parties. A large body of private law theory holds that private law is aimed at corrective justice: doing justice as between the two parties to a private interaction (the...
Free the Market: How We Can Save Capitalism from the Capitalists
Mark A. Lemley Volume 76, Issue 1, 115-160 The free market works because no one person or company is making the decisions. In a competitive market, businesspeople make the wrong decisions all the time, just as central planners do. But the consequences of those...
Artificial Intelligence and Cracks in the Foundation of Intellectual Property
Robin Feldman Volume 76, Issue 1, 47-114 Our implicit image of progress and the standards we use to calibrate human contribution to progress are quietly at risk from the onslaught of artificial intelligence (AI). AI has the potential to significantly shrink the...
The Federal Rules of Constitutional Procedure
Ramon Feldbrin Volume 76, Issue 1, 1-46 Judicial review has distinct purposes, difficulties, and modalities, but there are no guideposts as to how these features ought to be addressed in procedural terms. The reason is a deep-seated, but largely unarticulated,...