Issue 6
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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