Regleprudence

Jurisprudence and legisprudence have had their days in the sun. Yet so much of law in its daily working—authoritative decisions by government officials with binding public policymaking functions—remains immune from systematic analysis. Of course, what scholars and lawyers call “administrative law” shines much light into the labyrinthine regulatory state. The subject has long explored ways […]

Read More :: View PDF

The Cyber-Law of Nations

Concerns about cyberwar, cyberespionage, and cybercrime have burst into focus in recent years. The United States and China have traded accusations about cyber intrusions, and a December 2012 U.N. conference broke down over disagreements about cyberspace governance. These events show the increased risk of cyberconflict and the corresponding need for basic agreement between states about […]

Read More :: View PDF

Insider Trading in Derivatives Markets

The prohibition against insider trading is becoming increasingly anachronistic in markets where derivatives like credit default swaps (CDSs) operate. Lenders use these instruments to trade the credit risk of the loans they extend. By design, CDSs appear to subvert insider trading laws, insofar as lenders rely on what looks like insider information to transfer or […]

Read More :: View PDF

Admit It! Corporate Admissions of Wrongdoing in SEC Settlements: Evaluating Collateral Estoppel Effects

In June of 2013, U.S. Securities and Exchange Commission (SEC) Chair Mary Jo White announced one of the most significant reforms to the agency’s settlement policies in its eighty-year history of regulating the financial markets. In certain cases of “egregious” conduct, the Commission would require from defendants an explicit admission of wrongdoing as a non-negotiable […]

Read More :: View PDF

The Viability and Strategic Significance of Class Action Alternatives Under CAFA’s Mass Action Provisions

Part I of this Note discusses the original rationale for the mass action provisions, as well as their statutory mechanics. It also provides an account of how the “proposal for joint trial” language has been interpreted since its passage, with a focus on how plaintiffs have—or have not—been successful in avoiding removal jurisdiction under CAFA. […]

Read More :: View PDF