Volume 2011, Number 3

The 2010–2011 Board of Editors is pleased to present Issue 3 of the 2011 Volume.

First, Professor Avishalom Tor & William J. Rinner discuss the Supreme Court’s recent decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., which has resurrected the debate over resale price maintenance (RPM). They present, among other things, behavioral analysis which reveals that real-world, boundedly rational manufacturers are prone to use RPM even in circumstances in which it is neither rationally procompetitive nor rationally anticompetitive.

Next, Professor Irene Calboli discusses the practice of trademark merchandising, and advocates in favor of providing limited legal protection to trademark merchandising under the current rule of trademark law.

Following this, Professor Kathleen Clark examines Congress’s ability to consult its lawyers and other expert staff in conducting oversight, and puts this issue into the larger context of Congress’s right to access national security-related information and discusses congressional mechanisms for protecting the confidentiality of that information.

Next, Professor Adam M. Gershowitz argues that if legislatures are seeking to hold guilty offenders of drunk driving accountable and deter drunk driving, they should keep punishments low and instead abolish the right to jury trials. He outlines the specific steps that states should take to abolish jury trials and thereby increase convictions, maximize general deterrence, and more efficiently handle one of the most common crimes in the United State

The issue continues with the David C. Baum Lecture by President Lee C. Bollinger where he discusses globalization, the necessity of establishing a free and open press able to report on a globalized society, the evolution of journalistic institutions in the United States, and the alarming decline in the international reporting capacity of the U.S. media.

The issue concludes with four student notes by Gregory A. MarrsCourtenay E. MoranTrevor K. Scheetz, and Angela Snell.


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