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The Untold EpiPen Story: How Mylan Hiked Prices by Blocking Rivals

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The Attorney‑Client Privilege, Client Confessions and Wrongful Convictions: Immunity as a Statutory Solution

Attorneys face a serious personal dilemma when a client confesses that he or she committed the crime for which someone else has been wrongfully convicted.  If they do nothing, a wrongful conviction stands.  If they come forward, their client faces the prospect of a new criminal conviction.  Professional ethics require them to maintain all privileges […]

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What Juries Really Think: Practical Guidance for Trial Lawyers

What do juries really think about lawyers? What makes jurors tick? What do lawyers do that irritates jurors? What can lawyers do better in the courtroom from the jury’s perspective? These are the questions at the heart of this article, which provides useful insight gleaned from more than 500 jurors who served in federal district court […]

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The Curious Case of Wellbutrin: How the Third Circuit Mistook Itself for the Supreme Court

FTC v. Actavis was one of the most important antitrust cases of the modern era. In one fell swoop, the Supreme Court ensconced antitrust’s role in analyzing settlements by which brand firms pay generics to delay entering the market. The Court underscored the harms presented by large and unjustified payments and rejected some of the […]

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Are Anti-Bullying Laws Effective?

Since 2010, when several high-profile bullying-related suicides brought bullying and cyberharassment into the national consciousness, all fifty states have passed laws that address bullying among the nation’s youth.  This Essay is the first in a series of three projects on federal, state, municipal, and individual school approaches to bullying.  There are only four published studies […]

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Samuel Alito: Populist

In 2015, the tenth anniversary of Justice Samuel Alito’s ascension to the Court passed without the level of attention lavished on the same milestone reached that year by Chief Justice John Roberts.  The difference in attention is understandable: the Chief Justiceship has given John Roberts a level of public prominence and influence that his counterparts […]

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The Hart-Scott-Rodino Act’s First Amendment Problem

The Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) is a centerpiece of federal antitrust law. Designed to aid enforcement of Clayton Act Section 7, which prohibits mergers and acquisitions that “may . . . substantially . . . lessen competition” or “tend to create a monopoly,” the statute requires purchasers of an issuer’s voting securities exceeding […]

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Toward a Civilized System of Justice: Re-conceptualizing the Response to Sexual Violence in Higher Education

The reporting, investigation, and prevention of sexual violence in settings that are closed off from the greater community and subject to their own laws, rules, norms and biases present special challenges for survivors of sexual violence.  This essay builds on our existing scholarship that explores the pervasive problem and exceedingly high incidence of sexual violence […]

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From Hospitals to Prisons: A New Explanation

Deinstitutionalization from state mental hospitals was largely over by 1980, but the percentage of prisoners with mental illness did not begin to skyrocket until 1990. The leading theories for the criminalization of mental illness cannot fully explain this gap. This Essay offers a new theory: the Supreme Court in 1990 reduced the costs of incarcerating […]

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Gobeille v. Liberty Mutual: An Opportunity to Correct the Problems of ERISA Preemption

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