University of Southern California

Volume 82, Number 2 (January, 2009)

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    Beyond the Prisoners’ Dilemma: Coordination, Game Theory, and Law
    Article by Richard H. McAdams

    In reviewing a game theory text almost twenty years ago, Ian Ayres complained that “countless” law review articles “rearticulate the Prisoner’s Dilemma, but few even proceed” to the simplest of other games. Several years later, in what is still the most significant book treatment of game theory for law, Douglas Baird, Robert Gertner, and Randal Picker began by lamenting how legal scholars had neglected game theory up to that point “other than to invoke a simple game such as the prisoner’s dilemm...

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    The Extraterritorial Constitution After Boumediene v. Bush
    Article by Gerald L. Neuman

    The U.S. Supreme Court’s recent decision in Boumediene v. Bush elaborates a “functional approach” to the selective application of constitutional limitations to U.S. government action outside U.S. sovereign territory. This functional approach provides the best fit, both descriptively and normatively, to the Court’s modern case law. The decision repudiates the stance of the plurality in United States v. Verdugo-Urquidez, which sought to deny all constitutional rights to foreign nationals involunta...

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    Rethinking the Material Adverse Change Clause in Merger and Acquisition Agreements: Should the United States Consider the British Model?
    Note by Andrew C. Elken

    The material adverse change (“MAC”) clause is a contract provision that periodically dominates the headlines, usually in the wake of a major financial downturn, and the most recent downturn has not been an exception. A MAC clause dispute typically occurs when one side of an agreement no longer wants to complete a merger or acquisition, and often the stakes are high: in the midst of the credit crisis and economic turmoil that began in 2007, MAC disputes erupted in at least thirteen high-profile t...

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    Depictions of the Pig Roast: Restricting Violent Speech Without Burning the House
    Note by Michael Reynolds

    Pornography dominates the discussion about free speech on the Internet. Congress has twice enacted legislation aimed at preventing minors from getting access to online pornography. Federal and local law enforcement agencies have dramatically increased efforts to combat the spread of child pornography. The Department of Justice has renewed attempts to crack down on obscene material after years of lax enforcement. Yet the debate about online pornography has overshadowed another disturbing Inte...

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    In Memoriam: A Tribute to Professor Charles H. Whitebread
    Article by Rich Chacon, Erwin Chemerinsky, James B. Curtis, Susan Estrich, Michael J. Graetz, Louise LaMothe & Michael Sims

    It is an honor to write about my friend Charles Whitebread. To me, Charlie was always larger than life. Living and working here in Los Angeles, I have had the opportunity to work with many people whose image has preceded them: professional athletes, musicians, actors . . . Charlie. However, once I got to know the person, invariably they could not live up to the image that preceded them—they were just people—with the exception of Charlie....


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