Doctrinal Analysis and Statistical Modeling in Law: The Case of Defective Incorporation

Fred S. McChesney
The first purpose of this Article is to suggest that more substance may exist in the defective incorporation cases than has been evident heretofore. The Article investigates the reasons for the apparent fuzziness and proposes alternative grounds for explaining the cases explored. In particular, recent learning about the standards that courts apply in piercing the corporate veil offers a different perspective on the rationale underlying defective incorporation doctrines. Because the…

A Study of the Costs and Benefits of Textualism: The Supreme Court’s Bankruptcy Cases

Robert K. Rasmussen
Part I of this Article sets forth the two dominant theories of statutory interpretation currently advocated-textualism and dynamic interpretation. Part II of this Article examines the various policies of bankruptcy law. After setting forth the competing theories of statutory interpretation and the competing theories of bankruptcy law, Part III of this Article examines the Supreme Court’s bankruptcy cases over the last seven terms.

A New Paradigm for International Business Transactions

John E. Norris and Kenneth C. Randall
This Article offers a theoretical analysis of international business law.

The First Amendment Doctrine of Underbreadth

William E. Lee
This Article explains why the Supreme Court approaches differential treatment in such diverse ways. Because the topic of differential treatment of categories of expression has been explored elsewhere, this Article primarily focuses on differential treatment of communicators. In addition, because the press is frequently singled out for special treatment, the author discusses the question whether the press should be regarded as special. This Article argues that there are powerful reasons…

AIDS and Drug Pricing: In Search of a Policy

Steven R. Salbu
This Article presents a comprehensive analysis of the policy considerations regarding the pricing of new AIDS drugs. Part I discusses the two countervailing interests that dominate the debate: the effect of patent monopoly policy on the speed and extent of research and development initiatives and the effect of monopoly pricing on drug accessibility. Part II addresses legal, economic, and ethical concerns that are crucial to the formulation of a sound…

The Indian Gaming Regulatory Act and the Eleventh Amendment: States Assert Sovereign Immunity Defense to Slow the Growth of Indian Gaming

T. Barton Jr French