Northwestern University Law Review

Scholarly journal that features legal commentary, emerging developments, topic analysis, and controversial issue debate.

Articles from Vol. 106, No. 4, 2012

A Heart as Far from Fraud as Heaven from Earth: Sec V. Cuban and Fiduciary Duties under Rule 10b5-2
ABSTRACT-In 2008, the SEC indicted Dallas Mavericks owner and media mogul Mark Cuban for insider trading based exclusively on information obtained while under an oral confidentiality agreement. The government argued that this agreement was sufficient...
A Theory of Representative Shareholder Suits and Its Application to Multijurisdictional Litigation
ABSTRACT-We develop a theory to explain the uses and abuses of representative shareholder litigation based on its two most important underlying characteristics: the multiple sources of the legal rights being redressed (creating dynamic opportunities...
Beyond Absolute Immunity: Alternative Protections for Prosecutors against Ultimate Liability for § 1983 Suits
ABSTRACT-Questions of whether prosecutors should be immune from liability for constitutional torts, and if so, whether that immunity should be qualified or absolute, have been the source of considerable controversy for the last half century. Some argue...
Chapter 11 Bankruptcy and Cramdowns: Adopting a Contract Rate Approach
ABSTRACT-One of the key issues in many Chapter 11 bankruptcy proceedings is the determination of a proper interest rate that debtors must pay on secured claims existing at the time of a bankruptcy reorganization. For decades, the courts of appeals have...
Discretion, Delegation, and Defining in the Constitution's Law of Nations Clause
ABSTRACT-Never in the nation's history has the scope and meaning of Congress's power to "define and punish . . . Offences against the Law of Nations" mattered as much. The once-obscure power has in recent years been exercised in broad and controversial...
PARTY POLARIZATION AND JUDICIAL REVIEW: LESSONS FROM THE AFFORDABLE CARE ACT[dagger]
ABSTRACT-Congress paid nearly no attention to the Constitution when enacting the Affordable Care Act (ACA) in 2010. Legislative hearings and committee reports ignored the Constitution altogether; legislative debates largely did the same. This Essay both...
Taking Warrants Seriously
ABSTRACT-Courts and commentators are increasingly concerned about police misconduct-searches and seizures that fail to comply with Fourth Amendment protections. Current doctrine attempts to deter such misconduct with the threat of excluding unlawfully...
THE "KETTLEFUL OF LAW" IN REAL JURY DELIBERATIONS: SUCCESSES, FAILURES, AND NEXT STEPS[dagger]
ABSTRACT-According to standard lore, when jurors are doused with "a kettleful of law" at the end of a trial, they either ignore it or are hopelessly confused. We present new evidence from a unique data set: not mock jury experiments or post-trial self-reports,...