Category: 91:4
Pushing the Limits of Jurisdiction Over Foreign Actors Under the Foreign Corrupt Practices Act
From Cautionary Example to “City on a Hill”: Revitalizing Saint Louis May Require an Innovative Regional Taxation Model
The Anomaly of Entrapment
Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying threats too late, government agents are moving aggressively to identify potential terrorists before they strike. Undercover agents and confidential informants necessarily play a large role in such efforts. As a result…
Damages for Indirect Patent Infringement
In many patent infringement cases, the only practical way that the plaintiff can obtain relief is on a theory of secondary liability, which is generally referred to as indirect infringement. The remedy in patent cases frequently includes damages for past infringement. Because jury verdicts in patent cases can amount to hundreds of millions of dollars,…
The Conventional Option
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster agree that any filibuster reform would require extraordinary measures. In contrast to this consensus, this Article describes a method we call the “conventional option,” which allows the filibuster to be reformed…
Formalizing Gratuitous And Contractual Transfers: A Situational Theory
By tradition, gifts, wills, and contracts are formalized according to protocols established within each legal category. This Article examines the policies that underlie these “formalizing rules” and concludes that the utility of those rules depends fundamentally on the background conditions under which a gift, will, or contract occurs. Those background conditions, rather than the category…
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