Issue Archives

With its decision in Brady v. NFL, the Eighth Circuit interpreted section 4(a) of the Norris-LaGuardia Act to broadly shield management from injunctions in labor disputes. This decision adopted a position briefly supported by the Second and Sixth Circuits, but thoroughly criticized by the First, Seventh, and Ninth Circuits. This Note argues that the Eighth Circuit’s decision potentially protects management to the detriment of workers...

China has experienced a surge in medical disputes in recent years, on the streets and in the courts. Many disputes result in violence. Quantitative and qualitative empirical evidence of medical malpractice litigation and medical disputes in China reveals a dynamic in which the formal legal system operates in the shadow of protest and violence. The threat of violence leads hospitals to settle claims for more money than would be available in...

In antitrust law, the state action doctrine allows states to take regulatory actions that would otherwise result in violations of the federal antitrust laws. Unfortunately, the Supreme Court has not always provided clear guidance in its state action jurisprudence, and lower courts have expressed frustration with this doctrinally confusing area of antitrust law. There is confusion among the lower courts over the relationship between state...

The economic substance and step transaction doctrines are two specific examples of courts’ general willingness to sometimes look past transactions’ technical form and impose taxes based on their underlying substance. As judicial creations, the two doctrines served as complements and functional equivalents. However, they also generated a wide variety of vague, overlapping, and conflicting formulations.

In 2010, Congress incorporated...