"Looking Backward" to 1938
It is a pleasure to contribute to this celebration of the seventy-fifth anniversary of the Federal Rules. As one who… Continue reading →
2014
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Collateral Compliance
As most of us are aware, noncompliance with the tax law can lead to tax penalties, which almost always take… Continue reading →
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Insider Trading via the Corporation
A U.S. firm buying and selling its own shares in the open market can trade on inside information more easily… Continue reading →
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Bureaucracy at the Boundary
The traditional view of the federal administrative state imagines a bureaucracy consisting entirely of executive agencies under the control of… Continue reading →
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Twenty Years of Shareholder Proposals After Cracker Barrel: An Effective Tool for Implementing LGBT Employment Protections
“This employee is being terminated due to violation of company policy. The employee is gay.” This was the reason Cracker… Continue reading →
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The Applicability of State Appeal Bond Caps in Suits Brought in Federal Courts Pursuant to Diversity Jurisdiction
Since 2000, forty-one states have passed appeal bond reform statutes, a tort reform measure that, in some shape or form,… Continue reading →
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Selling State Borders
The relationship between state sovereignty and state territory in the United States is more complex, interesting, and unstable than the… Continue reading →
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The First Disestablishment: Limits on Church Power and Property Before the Civil War
The rights and responsibilities of religious institutions are hotly debated in the early twenty-first century. Liberal separationists argue that religious… Continue reading →
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The Next Generation Communications Privacy Act
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to regulate government access to Internet communications and records. ECPA… Continue reading →
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Read My Lipsky: Reliance on Consent Orders in Pleadings
Consent orders are used to resolve government enforcement actions through a court-approved settlement. Although consent orders often include detailed factual… Continue reading →