Volume 64, Number 3
(April 2011)
Causing Infringement
Apr. 27, 2011—Recent appellate decisions reveal a chaotic contributory infringement doctrine that offers little direction to entrepreneurs trying to balance digital innovation with legal strictures. Aware of the problem, both the Supreme Court and legal scholars urge a modeling of contributory infringement based on common law tort rules. But common law tort is an enormous subject. Without...
Committee Capture? An Empirical Analysis of the Role of Creditors’ Committees in Business Reorganizations
Apr. 27, 2011—The number of businesses experiencing financial distress increased significantly during the past several years. The number of Chapter 11 reorganization cases likewise rose. And many of these business failures were spectacular, leaving little value for creditors and even less for shareholders. Consequently, how the business debtor’s limited asset pie is divided and who gets to...
The Firm as Cartel Manager
Apr. 27, 2011—Antitrust law is the primary legal obstacle to price fixing, which is condemned by Section One of the Sherman Act. Section One condemns only concerted action between separate entities, not unilateral conduct by a single entity. Firms that engage in price fixing may try to reduce the risk of antitrust liability by structuring their actions...
Procedure, Substance, and Erie
Apr. 27, 2011—This Article examines the relationship between procedure and substance, and the way in which that relationship affects Erie questions. It first suggests that “procedure” should be understood in terms of process—in other words, in terms of the way that it changes the substance of the law and the value of legal claims. It then argues...