Volume 82, Issues 1–3



The Causal Mechanisms of Horizontal Shareholding

by Einer Elhauge

Although empirical studies show that common shareholding affects corporate conduct and that common horizontal shareholding lessens competition, critics have argued that the law should not take any action until we have clearer proof on the causal mechanisms. I show that we in fact have ample proof on causal mechanisms, and that anyway antitrust enforcement should focus on anticompetitive market structures, rather than on causal mechanisms...


Genetic Paparazzi: Beyond Genetic Privacy

by Yaniv Heled and Liza Vertinsky

The domain of accessible information about celebrities, political leaders, and other public figures is expanding as technology evolves, placing new stresses on already uneasy legal boundaries around their privacy. The availability of cheap, fast, and informative genetic sequencing technologies, combined with growing public interest in genetic information, makes it likely that we will soon witness paparazzi carrying swabs and sterile tubes in search for...


Cyberattack – Intangible Damages in a Virtual World: Property Insurance Companies Declare War on Cyber-Attack Insurance Claims

by Angad Chopra

Cyber-attacks and the monumental damages they cause are becoming seemingly ubiquitous. Large-scale cyber-attacks have become the norm, as opposed to an anomaly. In fact, cyber-attack has been rated as the number one concern for private entities given the sheer danger each attack poses on entity solvency. Ad-hoc attackers, in combination with state-sponsored cyber-warfare actors, have the capability of wreaking havoc on an entire nation...


Lawyers for the Undocumented: Addressing a Split Circuit Dilemma for Asylum-Seekers

by Jayanth K. Krishnan

The immigration crisis at the border, since 2016, has seen children separated from parents, the detention of noncitizens increase, and record-breaking numbers of applicants denied entry into the United States. For individuals fleeing their home countries because of persecution, the hardship has been particularly severe. To start, the chances of gaining asylum have dwindled significantly...


Race-Conscious Jury Selection

by Anna Offit

Among the central issues in scholarship on the American jury is the effect of Batson v. Kentucky (1986) on discriminatory empanelment. Empirical legal research has confirmed that despite the promise of the Batson doctrine, both peremptory strikes and challenges for cause remain tools of racial exclusion...


Ending a War Waged by Deed of Title: How to Achieve Distributive Justice for Black Farmers

by Jordan C. Patterson

A war waged by deed of title has dispossessed land from 98% of Black farmers in the United States—about 12 million acres in the last century. By many different means—mostly legal—Black farmers lost their homes and livelihoods. Willena Scott-White’s family fell victim to these tragic takings...


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