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The New Titans of Wall Street: A Theoretical Framework for Passive Investors
Passive investors—ETFs and index funds—are the most important development in modern‐day capital markets, dictating trillions of dollars in capital flows… Continue reading →
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Startup Governance
Although previously considered rare, over three hundred startups have reached valuations over a billion dollars. Thousands of smaller startups aim… Continue reading →
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Presidential Constitutionalism and Marriage Equality
“Presidential constitutionalism” has a distinctive origin in the duties of the President laid out in the Constitution. This article will… Continue reading →
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Central Clearing Of Financial Contracts: Theory And Regulatory Implications
To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →
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Balancing Versus Structured Decision Procedures: Antitrust, Title VII Disparate Impact, And Constitutional Law Strict Scrutiny
Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make… Continue reading →