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Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court’s Decision in Morrison and Why § 10(B) Still Reaches Issuers of ADRs

This Article reviews the conduct and effects tests and the Supreme Court‘s decision in Morrison. It then addresses the new transactional rule‘s impact on the application of the Exchange Act‘s antifraud provisions in several situations where courts before Morrison routinely allowed § 10(b) claims to proceed: (1) foreign-cubed actions (i.e., claims involving a foreign citizen‘sContinue reading “Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court’s Decision in Morrison and Why § 10(B) Still Reaches Issuers of ADRs”

Effective Taxation of Carried Interest: A Comprehensive Pass-Through Approach

Sex Offenders Are Different: Extending Graham to Categorically Protect the Less Culpable

Judges Who Settle

This Article develops a construct of judges as gatekeepers and a set of principles to guide them in policing aggregate and derivative litigation. Part I provides an introduction to this type of litigation and the role of judges as agency cost monitors. Part II contrasts the “solutions” of this type of litigation with its costs,Continue reading “Judges Who Settle”

Market Makers and Vampire Squid: Regulating Securities Markets After the Financial Meltdown

Of Meat and Manhood

The idea that “real” men eat meat is firmly embedded in our culture. For those men who are benefited by the stereotype, eating meat serves as a confirmation of their manhood, a kind of marker of their privileged status as masculine men. This is not the case for men who do not eat meat. InContinue reading “Of Meat and Manhood”