Volume 68, Number 4
(May 2015)
The Supreme Court and the New Equity
May. 15, 2015—The Supreme Court and the New Equity ABSTRACT The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprising has happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted...
Misdemeanor Decriminalization
May. 15, 2015—Misdemeanor Decriminalization ABSTRACT As the United States reconsiders its stance on mass incarceration, misdemeanor decriminalization has emerged as an increasingly popular reform. Seen as a potential cure for crowded jails and an overburdened defense bar, many states are eliminating jailtime for minor offenses such as marijuana possession and driving violations, replacing those crimes with so-called...
Pricing Lives for Corporate Risk Decisions
May. 15, 2015—Pricing Lives for Corporate Risk Decisions ABSTRACT The 2014 GM ignition-switch recall highlighted the inadequacies of the company’s safety culture and the shortcomings of regulatory sanctions. The company’s inattention to systematic thinking about product safety can be traced to the hostile treatment of corporate risk analyses by the courts. This Article proposes that companies should...
Putting an End to False Claims Act Hush Money: An Agency-Approval Approach to Qui Tam Prefiling Releases
May. 15, 2015—Putting an End to False Claims Act Hush Money: An Agency-Approval Approach to Qui Tam Prefiling Releases AUTHOR J.D. Candidate, May 2015, Vanderbilt University Law School; B.A., 2011, The University of Georgia.