Volume 101 - Issue 2 Georgetown Law Journal

Hiding Behind Ivory Towers: Penalizing Schools That Improperly Invoke Student Privacy To Suppress Open Records Requests

The University of North Carolina’s football team was reeling from accusations of widespread ethical lapses, and Butch Davis, the once-celebrated squad’s coach, stood right at the center of the mounting controversy. For Davis, 2010 was a brutal year. The National Collegiate Athletic Association (NCAA) was investigating several members of his team; one of his star […]

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Could a Self-Regulatory Organization Work? An Examination of For-Profit Higher Education and One Potential Solution

“Of course, the education race doesn’t end with a high school diploma. To compete, higher education must be within the reach of every American. . . . If we take these steps, if we raise expectations for every child and give them the best possible chance at an education, from the day they are born […]

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Response: The Tenuous Case for Derivatives Clearinghouses

Mandatory use of swaps clearinghouses represents the principal regulatory response to the systemic risk from credit derivatives. Scholars are divided on the merits of clearinghouses; some scholars see them as reducing systemic risk, others contend they increase it. The case for swaps clearinghouses comes down to two related propositions: (1) clearinghouses are better able to […]

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The Problematic Case of Clearinghouses in Complex Markets

This Article challenges the academic and policy consensus that clearing- houses adequately mitigate the risks of trading credit derivatives. The Article advances two arguments. First, scholars have devoted little attention to the risks posed by underlying assets (such as mortgage loans) that the credit derivative references and the impact that these risks have on the […]

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“Publicness” in Contemporary Securities Regulation After the JOBS Act

Securities regulation is under extraordinary stress today. Part of the stress is political, as we debate the right balance among investor protection, the public’s interest in a safe and stable financial system, and the needs of private enterprise for access to capital, as well as the capacity of a government agency like the Securities and Exchange Commission […]

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Narrative, Truth, and Trial

This Article critically evaluates the relationship between constructing narra- tives and achieving factual accuracy at trials. The story model of adjudication— according to which jurors process testimony by organizing it into competing narratives—has gained wide acceptance in the descriptive work of social scientists and currency in the courtroom, but it has received little close attention […]

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