Blowing the Whistle on Consumer Financial Abuse
The whistleblower programs that the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd–Frank) created within the Securities and Exchange… Continue reading →
Volume 163 (2014-2015)
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Choice of Law in Fraudulent Joinder Litigation
The grant of subject matter jurisdiction to federal courts based on diversity of citizenship has, for centuries, required complete diversity… Continue reading →
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Old Statutes, New Problems
Congress is more ideologically polarized now than at any time in the modern regulatory era, which makes legislation ever harder… Continue reading →
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The Constitutional Standing of Corporations
Are corporations “persons” with constitutional rights? The Supreme Court has famously avoided analysis of the question, while recognizing that corporations… Continue reading →
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Dodd-Frank Orderly Liquidation Authority: Too Big for the Constitution?
The Dodd–Frank Act, enacted in the wake of the U.S. financial crisis of 2007 to 2009, is the federal government’s… Continue reading →
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The Duryodhana Dilemma: United States v. A 10th Century Cambodian Sandstone Sculpture and a Proposed Code of Ethics-Based Response to Repatriation Requests for Auction Houses
On March 24, 2011, Sotheby’s New York unexpectedly removed its showcase lot, the Duryodhana, from its Indian & Southeast Asian… Continue reading →
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Pro Se Paternalism: The Contractual, Practical, and Behavioral Cases for Automatic Reversal
Johnnie Cochran, Robert Shapiro, and F. Lee Bailey all became famous as criminal defense attorneys. Television dramas depicting the high-stakes… Continue reading →
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New Regulations and Pending Cases
Do new regulations apply to pending cases? The question is simple, but the short answer is a lawyer’s favorite: “It… Continue reading →
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Yates v. United States: A Case Study in Overcriminalization
In Yates v. United States, the Supreme Court will decide whether tossing undersized fish overboard can be prosecuted under the… Continue reading →
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If Professions Are Just "Cartels By Another Name," What Should We Do About It?
The state action doctrine has been a significant impediment in the campaign against anticompetitive conduct by provider‐dominated state licensing boards.… Continue reading →