Marginalizing Risk

Steven L. Schwarcz
A major focus of finance is reducing risk on investments, a goal commonly achieved by dispersing the risk among numerous investors. Sometimes, however, risk dispersion can cause investors to underestimate and under-protect against risk. Risk can even be so widely dispersed that rational investors individually lack the incentive to monitor it. This Article examines the market failures resulting from risk dispersion and analyzes when government regulation may be necessary or…

Theorizing Mental Health Courts

To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, to resolve significant normative conflict. In essence, mental health courts express values fundamentally at odds…

Arbitrary Death: An Empirical Study of Mitigation

Emily Hughes
The Supreme Court has long viewed mitigation evidence as key to saving the death penalty from constitutional challenge. Mitigation evidence about a capital defendant’s life history, combined with other procedural protections, is thought to alleviate arbitrariness in juries’ decisions of whether a defendant deserves to die. This Article presents original empirical research studying that hypothesis. Interviews with thirty mitigation specialists who have represented over 700 capital clients in twenty-five death…

Social Networking v. The Employment- at-Will Doctrine: A Potential Defense for Employees Fired for Facebooking, Terminated for Twittering, Booted for Blogging, and Sacked for Social Networking

Catherine Crane

How ‘Reasonable’ Has Become Unreasonable: A Proposal for Rewriting the Lasting Legacy of Jackson v. Indiana

Nicholas Rosinia

Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won’t Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat

James V. Krogmeier, Brian J. Love and David J. Love
Skyrocketing mobile data demands caused by increasing adoption of smartphones, tablet computers, and broadband-equipped laptops will soon swamp the capacity of our nation’s wireless networks, a fact that promises to stagnate a $1 trillion slice of the nation’s economy. Among scholars and policymakers studying this looming “spectrum crisis,” consensus is developing that regulators must swiftly reclaim spectrum licensed to other industries and reallocate those rights to wireless providers. In this…