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 →
2014
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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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“I’ll Take Form Over Substance for $800, Trebek”: Why Blueford Was Too Rigid and How States Can Properly Provide Double Jeopardy Protection
In August 2009, Arkansas tried Alex Blueford for the murder of a one‐year‐old child. Blueford was charged with capital murder,… 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 →