Volume 57, Issue 1

The Institute for Law and Economic Policy’s 20th Annual Symposium: Business Litigation and Regulatory Agency Review in the Era of the Roberts Court

Searching for Market Efficiency

In their Articles, Professors Langevoort and Miller each address the problem of defining market efficiency for fraud-on-the-market purposes in the wake of Halliburton Co. v. Erica P. John Fund, Inc.…
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The End of Class Actions?

In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations…
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Shareholder Litigation Without Class Actions

In this Article, I imagine a post-class-action landscape for shareholder litigation. Projecting an environment in which both securities-fraud and transactional class actions are hobbled by procedural or substantive reforms--most likely…
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Forum-Selection Bylaws Refracted Through an Agency Lens

Both praise and controversy surround director-adopted bylaws that affect shareholders’ litigation rights. Recent bylaws specify an exclusive forum for litigation of corporate governance claims, limit shareholder claims to resolution through…
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