University Of Chicago Law Review Volume 81 Number 4 Fall 2014

The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.

The second issue of 2014 features articles and essays from recognized scholars. Contents include these Articles: • "Group to Individual (G2i) Inference in Scientific Expert Testimony," David L. Faigman, John Monahan & Christopher Slobogin • "Game Theory and the Structure of Administrative Law," Yehonatan Givati • "Habeas and the Roberts Court," Aziz Z. Huq • "Cost-Benefit Analysis and Agency Independence," Michael A. Livermore • "Accommodating Every Body," Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis In addition, the issue includes a Review Essay by Sharon R. Krause entitled "The Liberalism of Love," and these student Comments: • "Toward a Uniform Rule: The Collapse of the Civil-Criminal Divide in Appellate Review of Multitheory General Verdicts," Nathan H. Jack • "All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims," Raphael Janove Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

The first issue of 2014 features articles and essays from internationally recognized legal and economics scholars, including an extensive Symposium on "Revelation Mechanisms and the Law." Topics include voting options and strategies to reveal preferences, corporate governance, regulatory intensity, tort calculations of risk, mandatory disclosure of choices, partitioning interests in land, and shopping for expert witnesses. In addition, Issue 1 includes an article, "Libertarian Paternalism, Path Dependence, and Temporary Law," by Tom Ginsburg, Jonathan S. Masur & Richard H. McAdams. Applications include smoking bans and seat belt laws. Also included is a student Comment, "Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments," by Channing J. Turner; and a Book Review, "Common Good and Common Ground: The Inevitability of Fundamental Disagreement," by Rebecca L. Brown, reviewing Ordered Liberty: Rights, Responsibilities, and Virtues. The issue serves, in effect, as a new and extensive book on cutting-edge issues of revelation mechanisms, strategies, prompts, nudges, and effects. The Symposium's contents are: * "Governing Communities by Auction," by Abraham Bell & Gideon Parchomovsky * "Partition and Revelation," by Yun-chien Chang & Lee Anne Fennell * "Savage Tables and Tort Law: An Alternative to the Precaution Model," by Janet M. Currie & W. Bentley MacLeod * "Revelation and Suppression of Private Information in Settlement-Bargaining Models," by Andrew F. Daughety & Jennifer F. Reinganum * "The Use and Limits of Self-Valuation Systems," by Richard A. Epstein * "Expert Mining and Required Disclosure," by Jonah B. Gelbach * "Renegotiation Design by Contract," by Richard Holden & Anup Malani * "Audits as Signals," by Maciej H. Kotowski, David A. Weisbach & Richard J. Zeckhauser * "Irreconcilable Differences: Judicial Resolution of Business Deadlock," by Claudia M. Landeo & Kathryn E. Spier * "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," by Saul Levmore * "Quadratic Voting as Efficient Corporate Governance," by Eric A. Posner & E. Glen Weyl * "The Efficiency of Bargaining under Divided Entitlements," by Ilya Segal & Michael D. Whinston Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.

Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.

This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.

This fourth issue of 2013 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents of Vol. 80, No. 4, include: ARTICLES * Bankruptcy Law as a Liquidity Provider, by Kenneth Ayotte & David A. Skeel Jr. * Impeaching Precedent, by Charles L. Barzun * Copyright in Teams, by Anthony J. Casey & Andres Sawicki * Inside or Outside the System?, by Eric A. Posner & Adrian Vermeule REVIEW ESSAY * Francis Lieber and the Modern Law of War, by Paul Finkelman COMMENTS * Having Their Cake and Eating It Too? Post-emancipation Child Support as a Valid Judicial Option, by Lauren C. Barnett * Equal Opportunity: Federal Employees' Right to Sue on Title VII and Tort Claims, by Kristin Sommers Czubkowski * Using Severability Doctrine to Solve the Retroactivity Unit-of-Analysis Puzzle: A Dodd-Frank Case Study, by Hannah Garden-Monheit * I Didn't Do It: Third-Party Debtors and the Securities Law Violation Exception to Discharge, by Hillel Nadler * "Super Contacts": Invoking Aiding-and-Abetting Jurisdiction to Hold Foreign Nonparties in Contempt of Court, by Julia K. Schwartz * Taking Leases, by Nicholas Spear * Disability Claims, Guidance Documents, and the Problem of Nonlegislative Rules, by Frederick W. Watson Quality ebook editions feature active Contents, linked footnotes, and linked URLs in notes.