Volume 102 - Issue 4 Georgetown Law Journal

Breaking Down a Great Wall: Chinese Reverse Mergers and Regulatory Efforts to Increase Accounting Transparency

This Note argues that because procedural hurdles limit the likelihood that class action lawsuits and SEC enforcement cases will deter wrongdoers or provide adequate recourse to defrauded investors, regulators should seek to prevent companies from listing on U.S. exchanges unless these issuers make adequate disclosure of their auditing arrangements. This disclosure should include information about [...]

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The Lacey Act: A Case Study in the Mechanics of Overcriminalization

By retracing the evolution of the Lacey Act, I intend to examine the mechanics of overcriminalization and the growth of federal criminal law. Initially passed as a narrow statute designed to address illegal wildlife poaching in a way that respected the concepts of federalism, the Lacey Act has transformed into a broad and sweeping federal law [...]

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Tracing the School-to-Prison Pipeline from Zero-Tolerance Policies to Juvenile Justice Dispositions

In recent years, schools have attempted to combat school violence and other behavioral problems by instituting harsh disciplinary policies and referring students to law enforcement. Civil rights advocates argue that these practices push students, especially students of color, “out of school and into the juvenile and criminal justice systems.” The process has come to be known [...]

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Relative Standing

Current standing doctrine purports to ask only whether plaintiffs have an adequate stake in seeking judicial relief. On inspection, however, the Supreme Court’s standing decisions often turn on a relative assessment of superiority. This pattern arises in cases involving “nontraditional” plaintiffs—that is, claimants who do not assert interests traditionally protected at common law. When evaluating [...]

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Irredeemably Inefficient Acts: A Threat to Markets, Firms, and the Fisc

This Article defines and explores irredeemably inefficient acts—a conceptually distinct and empirically important category of socially undesirable conduct. Though inefficient behavior is, no doubt, pervasive, the standard view holds that inefficient conduct may be converted into efficient behavior by forcing actors to internalize the external harms of their decisions. For some acts, however, such conversion [...]

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The Necessary and Proper Clauses

The main purpose of this Article is to provide a new and more accurate account of the origins of the Necessary and Proper Clauses. I refer to the Necessary and Proper “Clauses” rather than to the Necessary and Proper “Clause” to emphasize that the relevant text of the Constitution is comprised of three distinct provisions, [...]

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The Durability of Private Claims to Public Property

Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property—property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about [...]

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The FDA’s Plan B Fiasco: Lessons for Administrative Law

Administrative law—the law governing the decisions of administrative agencies—is a complex field, but its basic rules are pretty simple: Do not act arbitrarily. Do not consider factors that the law makes irrelevant. Do not cover up the truth. Do not cave in to illegitimate political demands. When an administrative agency follows these rules, it can [...]

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