"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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Constitutional Colorblindness and the Family
Family law has escaped the colorblindness revolution. During the same time frame that the Supreme Court has adopted increasingly stringent… Continue reading →
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Why Do Retail Investors Make Costly Mistakes? An Experiment on Mutual Fund Choice
Congress has recently acknowledged the need for a better understanding of investor behavior. In the Dodd–Frank Act, Congress instructed the… Continue reading →
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The Divided States of America: Reinterpreting Title VII’s National Origin Provision to Account for Subnational Discrimination Within the United States
From the marginalization of Native Americans to the bitter rivalry between the North and the South, discrimination within the United… Continue reading →
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Putting Plea Bargaining on the Record
More than a decade ago, Rolando Stockton rejected a plea bargain that came with a ten-year prison sentence, opting instead… Continue reading →
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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 →