Volume 76 (Current Volume)

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...

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,...