June 2006 Vol. 104 No. 7 THE REVIEW
ARTICLES

Brand New Deal: The Branding Effect of Corporate Deal Structures

Victor Fleischerz

The concept of branding rarely appears in academic debates about corporate finance and corporate governance. Finance scholars focus their attention on the relationship between the firm; its investors and creditors, who supply financial capital; and its managers, who supply human capital. Contracts are efficient when they properly align incentives; a good contract design is one that allows managers to raise capital cheaply and deploy it effectively. At best, consumers enter the discussion as the emotionless buyers who make up the product markets and serve as a potential indirect check against agency costs.

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Mark(et)ing Nondiscrimination: Privatizing ENDA with a Certification Mark

Ian Ayres & Jennifer Gerarda Brown
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Correspondence: The Political Market for Criminal Justice

Rachel E. Barkow
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Correspondence: Jurisdictional Competition in Criminal Justice: How Much Does It Really Happen?

Samuel R. Gross
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Correspondence: Crime, Criminals, and Competitive Crime Control

Wayne A. Logan
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Correspondence: Decentralizing Crime Control: The Political Economy Perspective

Doron Teichman
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NOTES

Free Will to Will? A Case for the Recognition of Intestacy Rights for Survivors to a Same-Sex Marriage or Civil Union

Christine A. Hammerle

Intestacy is an area in which same-sex couples receive little legal protection of their relationships. For a surviving same-sex spouse, this can result in complete disinheritance and defeat the intentions of the couple.

Intestacy occurs when an individual dies without a valid will. In the absence of a valid will, certain default rules apply to the distribution of the decedent’s property. Intestacy statutes in most jurisdictions provide that the surviving spouse takes all or most of the decedent’s estate. But intestacy laws protect only the rights of lawfully married survivors, and in states that do not recognize same-sex marriages or civil unions, the estate will be distributed to distant relatives, or even escheat to the state, rather than benefit the surviving partner to the marriage or union.

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The Executive Role in Culturing Export Control Compliance

Matthew G. Morris
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Megasubsidiaries and Asset Sales under Section 271: Which Shareholders Must Approve Subsidiary Asset Sales

Yaman Shukairy
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& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
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