Professor Steinitz

The Litigation Finance Contract

In this article, Professor Steinitz draws lessons from the world of venture capital for the newly emerging world of litigation finance–a world in which non-parties provide financing for litigation with the hope of ultimately making a profit.  To read a copy of the article, click here and then press the “one-click download” button.

 
Professor Hines

History of the 1972 Clean Water Act: The Story Behind How the 1972 Act Became the Capstone on a Decade of Extraordinary Environmental Reform

In this symposium contribution, Professor Hines traces the history of federal interventions in U.S. water pollution control from 1886 up to the adoption of the landmark 1972 Clean Water Act–the Act that has provided the framework for federal programs to abate water pollution for the past 40 years.  To read a copy of the paper, click here and then press the “one-click download” button.

 
Professor Rantanen

Unenforceable Patents

With his two coauthors, Professor Rantanen empirically examines the differences between patents deemed unenforceable due to inequitable conduct and all other patents.  To read a copy of the paper, click here and then press the “one-click download” button.

 
Professor Weston

The Theoretical Foundations of Intergenerational Economic Justice: An Overview

Although many would agree that present generations are morally obliged to preserve the environment for future generations, some theorists argue that present generations have no legal obligation to do so.  Drawing from a variety of strands of social-justice theory, Professor Weston takes the opposite view in this paper, arguing that present generations hold the environment in legal trust for future generations, and that this trust relationship confers upon future generations several important legal rights that present generations are obliged to honor.  To read a copy of the article, click here and then press the “one-click download” button.

 
Professor Yockey

FCPA Settlement, Internal Strife, and the “Culture of Compliance”

When a firm’s leaders have reason to believe that officials from the Department of Justice and from the Securities and Exchange Commission might launch an investigation of the firm for possible violations of the Federal Corrupt Practices Act, that firm’s leaders often are eager to negotiate a quick settlement, rather than face indictment and prosecution.  Prosecutors and regulators typically refuse to enter into such settlement talks, however, unless they are persuaded that the firm is cooperating with the investigation and promoting an internal ”culture of compliance.”  In this article, Professor Yockey identifies governance problems that can arise within a firm when it takes steps aimed at satisfying those preliminary requirements.  To read the article, click here and then press the “one-click download” button.

 
Professor Rantanen

America Invents, More or Less

Professor Rantanen and his co-author argue that, although the America Invents Act of 2011 was aimed at stimulating innovation and job creation in the American economy, the statute might actually undercut those desirable objectives.  To read a copy of the paper, click here and then press the “one-click download” button.

 
Professor Hovenkamp

Antitrust and Innovation: Where We Are and Where We Should Be Going

In this paper, Professor Hovenkamp offers seven principles for antitrust analysis in innovation-intensive markets, particularly with respect to claims that involve the exercise of patent rights.  To read the paper, click here and then press the “one-click download” button.

 
Professor Gallanis

The New Direction of American Trust Law

In this article, Professor Gallanis explores the central tension in the law of trusts between the rights and interests of the settlor and the rights and interests of the beneficiaries.  He argues that American trust law, which had previously moved in the direction of favoring the settlor, is
admirably moving in a new direction, with a more balanced recognition of the rights and interests of the beneficiaries.  To read the paper, click here and then press the “one-click download” button.

 
Professor Hines

Joint Tenancies in Iowa Today

In this article, Professor Hines traces the development of Iowa’s joint tenancy law since the 1960s.  To read the paper, click here and then press the “one-click download” button.

 
Professor Bezanson

Whither Freedom of the Press?

In this article, Professor Bezanson critiques the Supreme Court’s treatment of the Freedom of the Press Clause in its 2010 ruling in Citizens United v. Federal Election Commission.  Professor Bezanson also examines the originalist underpinnings of that ruling, as recently elaborated by Professor Eugene Volokh.  To read the paper, click here and then press the “one-click download” button.