Archive
2023
Posts
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ArticleVol. 101 · Iss. 1
We Must Protect Investors and Our Banking System From the Crypto Industry
The crypto boom and crash of 2020–22 demonstrated that (i) cryptocurrencies with fluctuating values are extremely risky and highly volatile assets and (ii) cryptocurrencies…
Arthur E. Wilmarth, Jr. -
ArticleVol. 101 · Iss. 1
Rethinking Preliminary Remedies
It is universally assumed that courts, when picking a preliminary remedy, should consider more than the legal merits. They also should consider factors like…
Eric Brooks -
ArticleVol. 100 · Iss. 6
Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration
Introduction Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this…
J. Maria Glover -
ArticleVol. 100 · Iss. 6
Wireless Investors & Apathy Obsolescence
Abstract This Article discusses how a subgenre of retail investors makes investors’ apathy obsolete. In prior work, we dub retail investors who rely on…
Sergio Alberto Gramitto Ricci & Christina M. Sautter -
ArticleVol. 100 · Iss. 6
The Judicial Assault on the Administrative State
Introduction The most substantial change in the United States Government has been the extraordinary growth and increased complexity of the United States Government itself.…
Joel Seligman -
ArticleVol. 100 · Iss. 6
The Centralization Paradox in Cryptocurrency Markets
Introduction The costly and highly public collapse of cryptocurrency exchange FTX has highlighted two key phenomena central to crypto-market design. First, despite its originating…
Yesha Yadav -
ArticleVol. 100 · Iss. 6
The SPAC Market
Introduction Special purpose acquisition companies (SPACs) exploded in popularity in the past few years, to such a degree that they made up 60% of…
Usha R. Rodrigues & Michael Stegemoller -
ArticleVol. 100 · Iss. 6
Fairness Opinions and SPAC Reform
Abstract This paper assesses the emerging regulatory framework for special purpose acquisition companies (SPACs). According to this framework, mergers of SPACs, known as de-SPACs,…
Andrew F. Tuch -
Online2023
Lessons Learned in Prison
One way that I have tried to stay fresh as a teacher through the decades is to periodically force myself outside of my teaching…
Daniel Keating -
ArticleVol. 100 · Iss. 5
Of Sinners & Scapegoats: The Economics Of Collective Punishment
Abstract “[I]t is better that ten guilty persons escape than that one innocent suffer.” 4 William Blackstone, Commentaries *358. “[I]t is better that ten…
J. Shahar Dillbary & Thomas J. Miceli -
ArticleVol. 100 · Iss. 5
Superstar CEOs and Corporate Law
Abstract Larger-than-life corporate leaders, who can move fast and disrupt entrenched players, are often perceived as having the vision, superior leadership, or other exceptional…
Assaf Hamdani & Kobi Kastiel -
ArticleVol. 100 · Iss. 5
Good Intentions: Administrative Fiat and the General Welfare Exclusion
Abstract Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless…
Samuel D. Brunson & Christian A. Johnson