Melissa Mortazavi Volume 74, Issue 5, 1403-1432 When courts consider a choice of class or lead counsel in multidistrict litigation (“MDL”) or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank...
Class Actions’ Ethical “KISS”: The Class Action Lawyer’s Client Is the Class
Eli Wald Volume 74, Issue 5, 1433-1458 The legal ethics of class actions is a mess, with many lingering, unresolved questions and conflicting answers. The culprit is a fundamental lack of agreement regarding the identity of the client, without which it is impossible...
Complex Litigation Funding: Ethical Problem or Ethical Solution?
W. Bradley Wendel & Joshua P. Davis Volume 74, Issue 5, 1459-1482 Commentators have worried that third-party funding, particularly in complex litigation, may give rise to ethical concerns. In this Essay, we explore an alternative possibility: third-party funding...
Local Restrictions on Renewable Energy Siting in the United States
Jesse Honig Volume 74, Issue 5, 1483-1512 Climate change has arrived. The next decade will provide critical opportunities to avoid the most devastating impacts of climate change. The decisions we take over the next ten years will be the difference between moderate...
AI Proctoring: Academic Integrity vs. Student Rights
Samantha Mita Volume 74, Issue 5, 1513-1554 Advancements in artificial intelligence (“AI”) and machine learning have found their way into the classroom. The use of artificial intelligence proctoring services (“AIPS”) has risen over the past few years with little...
Compelling Trade Secret Sharing
David S. Levine & Joshua D. Sarnoff Volume 74, Issue 4, 987-1056 The unprecedented COVID-19 virus has brought to the forefront many challenges associated with exclusive rights in information, data, and know-how, all of which may constitute protected trade secrets....
Antitrust’s Healthcare Conundrum: Cross-Market Mergers and the Rise of System Power
Jaime S. King, Alexandra D. Montague, Daniel R. Arnold & Thomas L. Greaney Volume 74, Issue 4, 1057-1120 As healthcare markets continue to consolidate and prices continue to rise, economists, legal scholars, antitrust enforcers, and policymakers have the...
Science, Creativity, and the Copyright Clause
Ned Snow Volume 74, Issue 4, 1121-1166 The Constitution provides Congress the power to enact copyright laws in order “To promote the Progress of Science.” Some statements by the modern Supreme Court may be interpreted to suggest that “the Progress of Science” is...
Caremark’s Climate Failure
Andrew W. Winden Volume 74, Issue 4, 1167-1220 Unless U.S. corporations take steps to harden their assets against natural disasters exacerbated by climate change and prepare for the transition to a zero-carbon economy, they face the prospect of catastrophic risk to...
The Collapse of Alice’s Wonderland: Mayo’s Faulty Two-Step Framework and a Possible Solution to Patent-Eligibility Jurisprudence
Philip Hawkyard Volume 74, Issue 4, 1221-1250 In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court established a two-step framework to determine whether a supposed invention that involves a “natural law” can be a patent-eligible subject...