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Free the Market: How We Can Save Capitalism from the Capitalists

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Mark A. Lemley Volume 76, Issue 1, 115-160 The free market works because no one person or company is making the decisions. In a competitive market, businesspeople make the wrong decisions all the time, just as central planners do. But the consequences of those...

Patent Infringement, Private Law, and Liability Standards

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Robert P. Merges Volume 76, Issue 1, 161-242   Private law governs interactions among private parties. A large body of private law theory holds that private law is aimed at corrective justice: doing justice as between the two parties to a private interaction (the...

Debt End: The “Texas Two-Step” and the Constitution

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Kirk Rider Volume 76, Issue 1, 243-274 The “Texas Two-Step” is a novel means of forcing a settlement agreement on mass-tort claimants. Corporations utilize the Two-Step bankruptcy strategy using a state law merger statute to split itself in two. One half of the...

Working From 10 to 5, What a Way to Make a Livin’: The SEC’s Most Recent Amendments to Promote Corporate Governance and Curb Exploitative Hedge Fund Activism

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Richard Young Volume 76, Issue 1, 275-304 This Note investigates the evolving regulatory landscape following the 2023 SEC amendments regarding beneficial ownership reporting. It begins by analyzing the rise of hedge fund activism and its influence on corporate...

Bowling with Bumper Rails: How Firearms Examiners Have Duped the  Courts and Generated Low Error Rates Only by Avoiding Challenging Comparisons

by technology@hastingslawjournal.org | Aug 30, 2024 | Volume 75, Issue 6

Richard E. Gutierrez Volume 75, Issue 6, 1535-1580 Full...
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