Volume 92
-
ArticleVol. 92 · Iss. 6
Appraisal Arbitrage and the Future of Public Company M&A
In this Article, we demonstrate that the stockholder’s appraisal remedy—long-dismissed in corporate law scholarship as useless or worse—is in the middle of a renaissance…
Charles R. Korsmo & Minor Myers -
ArticleVol. 92 · Iss. 6
Asymmetry as Fairness: Reversing a Peremptory Trend
A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary…
Anna Roberts -
ArticleVol. 92 · Iss. 6
Understanding the Failures of Market Discipline
“Market discipline”—the theory that short-term creditors can efficiently rein in bank risk through their self-interested actions—has been a central pillar of banking regulation since…
David Min -
CommentaryVol. 92 · Iss. 6
Young v. United Parcel Service, Inc.: McDonnell Douglas to the Rescue?
The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees,…
William R. Corbett -
NoteVol. 92 · Iss. 6
The Global Colony: A Comparative Analysis of National Security-Based Foreign Investment Regimes in the Western Hemisphere
In 1975, the United States took steps to prevent its national security from being undermined by foreign investment through the creation of the Committee…
Colin Stapleton -
NoteVol. 92 · Iss. 6
The Evolution of Federal Courts’ Healthcare Antitrust Analysis: Does the PPACA Spell the End to Hospital Mergers?
Traditionally, hospital mergers were seen as a benefit to consumers. That is no longer the case. After years of nonprofit hospitals engaging in price…
Collin Z. Groebe -
ArticleVol. 92 · Iss. 5
Slouching Towards Monell: The Disappearance of Vicarious Liability Under Section 10(B)
Liability under section 10(b) of the Securities Exchange Act is one of the primary mechanisms for enforcing the federal securities laws. Section 10(b), however,…
Ann M. Lipton -
ArticleVol. 92 · Iss. 5
The Limits of Second Amendment Originalism and the Constitutional Case for Gun Control
The Supreme Court’s 2008 ruling in District of Columbia v. Heller, 554 U.S. 570 (2008), reshaped decades of Second Amendment precedent and jurisprudence. Using…
Lawrence Rosenthal -
ArticleVol. 92 · Iss. 5
When Bank Examiners Get It Wrong: Financial Institution Appeals of Material Supervisory Determinations
Banks and credit unions sometimes complain that the examination process regulators use to police banking practices is oppressive. These financial institutions complain that regulators…
Julie Andersen Hill -
NoteVol. 92 · Iss. 5
The Inbetweeners: Standardizing Juvenileness and Recognizing Emerging Adulthood for Sentencing Purposes After Miller
In June 2012, the United States Supreme Court decided Miller v. Alabama, marking significant progress in the Court’s Eighth Amendment jurisprudence regarding juvenile offenders.…
Kevin J. Holt -
NoteVol. 92 · Iss. 5
The Seven Dirty Words You Should Be Allowed to Say on Television
For any American who has ever watched television on one of the traditional broadcast networks, seven particular dirty words have always been conspicuously absent.…
Ellen Alexandra Eichner -
NoteVol. 92 · Iss. 5
The Black Box Solution to Autonomous Liability
Autonomous vehicles, or self-driving cars, have the potential to revolutionize modern transportation through increased productivity and safety. Today, industry leaders in both automotive manufacturing…
Ujjayini Bose