Volume 63, Number 2 – November 2013

Articles

Acqui-hiring
John F. Coyle & Gregg D. Polsky
PDF

Drawing on interviews with Silicon Valley entrepreneurs, venture capitalists, buyer representatives, and transactional lawyers, we offer the first formal description of the acqui-hire. In so doing, we seek to enrich the understanding of those already acquainted with the acquihire while also providing a comprehensive account of this transaction structure to the uninitiated. [...]

Interpreting Presidential Powers
Richard H. Fallon, Jr.
PDF

Justice Holmes famously observed that “[g]reat cases . . . make bad law.” The problem may be especially acute in the domain of national security, where presidents frequently interpret their own powers without judicial review and where executive precedents play a large role in subsequent interpretive debates. [...] To address the conundrum posed by executive precedent, this Article proposes a two-tiered theory for the interpretation of presidential powers. [...]

Notes

Semantic Searches
Athul K. Acharya
PDF

Courts and commentators have struggled with the problem of cabining digital searches while still allowing law enforcement sufficient latitude to be efficient and effective. This Note examines current proposals, such as requiring search protocols or abandoning the plain view doctrine, before proposing a solution of its own: revisiting the constitutional requirement of particularity in the warrant. [...]

Shaping the Success of Social Impact Bonds in the United States: Lessons Learned from the Privatization of U.S. Prisons
Shifali Baliga
PDF

American government officials are starting to experiment with a novel government-funding and privatization structure known as a social impact bond (“SIB”). [...] By analogizing the problems facing private prisons to the potential problems facing the use of SIBs, this Note details the privatization challenges that government officials will likely face as they implement SIBs. [...]

Achieving World Trade Organization Compliance for Export Processing Zones While Maintaining Economic Competitiveness for Developing Countries
James J. Waters
PDF

Export processing zones (EPZs) are statutorily created investment parks that developing countries establish to attract foreign investment in exchange for government-granted fiscal incentives. [...] Most EPZ statutes are inconsistent with Article 3.1(a) of the World Trade Organization’s Agreement on Subsidies and Countervailing Measures (SCM Agreement) because EPZ incentives qualify as prohibited export subsidies. [...] This Note proposes a framework for achieving WTO-compliance for EPZ statutes by conditioning EPZ incentives on an investor company’s implementation of standards of corporate social responsibility. [...]

Volume 63, Number 2 – November 2013

Articles

Acqui-hiring
John F. Coyle & Gregg D. Polsky
PDF

Drawing on interviews with Silicon Valley entrepreneurs, venture capitalists, buyer representatives, and transactional lawyers, we offer the first formal description of the acqui-hire. In so doing, we seek to enrich the understanding of those already acquainted with the acquihire while also providing a comprehensive account of this transaction structure to the uninitiated. [...]

Interpreting Presidential Powers
Richard H. Fallon, Jr.
PDF

Justice Holmes famously observed that “[g]reat cases . . . make bad law.” The problem may be especially acute in the domain of national security, where presidents frequently interpret their own powers without judicial review and where executive precedents play a large role in subsequent interpretive debates. [...] To address the conundrum posed by executive precedent, this Article proposes a two-tiered theory for the interpretation of presidential powers. [...]

Notes

Semantic Searches
Athul K. Acharya
PDF

Courts and commentators have struggled with the problem of cabining digital searches while still allowing law enforcement sufficient latitude to be efficient and effective. This Note examines current proposals, such as requiring search protocols or abandoning the plain view doctrine, before proposing a solution of its own: revisiting the constitutional requirement of particularity in the warrant. [...]

Shaping the Success of Social Impact Bonds in the United States: Lessons Learned from the Privatization of U.S. Prisons
Shifali Baliga
PDF

American government officials are starting to experiment with a novel government-funding and privatization structure known as a social impact bond (“SIB”). [...] By analogizing the problems facing private prisons to the potential problems facing the use of SIBs, this Note details the privatization challenges that government officials will likely face as they implement SIBs. [...]

Achieving World Trade Organization Compliance for Export Processing Zones While Maintaining Economic Competitiveness for Developing Countries
James J. Waters
PDF

Export processing zones (EPZs) are statutorily created investment parks that developing countries establish to attract foreign investment in exchange for government-granted fiscal incentives. [...] Most EPZ statutes are inconsistent with Article 3.1(a) of the World Trade Organization’s Agreement on Subsidies and Countervailing Measures (SCM Agreement) because EPZ incentives qualify as prohibited export subsidies. [...] This Note proposes a framework for achieving WTO-compliance for EPZ statutes by conditioning EPZ incentives on an investor company’s implementation of standards of corporate social responsibility. [...]