In Memoriam: Gary I. Boren

Lawrence Brody, Dorsey D. Ellis Jr., Frank William Miller, Dale Swihart and Carolyn Wolff
Tyrell Williams Memorial Lecture

The Rise of the Justice Industry and the Decline of Legal Ethics

Robert B. McKay
My friends, I am worried about the present health and the future well-being of a profession that has allowed many of us to do interesting, personally profitable, and possibly even useful things. Certainly, the law has been good to me. I come to criticize and complain, but not as an apostle of apocalypse. There is, I believe, hope of salvation, which will require all of us to join hands in…

The Impact of Recent Banking Regulations on the Market for Corporate Control

Henry N. Butler and J. Brady Dugan
Part II of this Article briefly discusses the historical development of the regulation of bank capital, focusing on the 1989 risk-based capital adequacy regulations as well as the 1989 highly leveraged transaction guidelines and their impact on the banking industry’s involvement in takeover transactions. This section also shows how the perverse incentives created by the present system of federal deposit insurance impact on the takeover market. Part III discusses the…

Supervision of the Grand Jury: Who Watches the Guardian?

Anne Bowen Poulin
The first part of this Article reviews prior Supreme Court decisions and analyzes the three recent decisions to determine the precise extent to which they limit judicial supervision of the grand jury. The second part of the Article assesses the utility of the available mechanisms for enforcing procedural protections in the grand jury. This Article identifies the remedies available as enforcement mechanisms in the grand jury and considers the effectiveness…

Separating Crime from Punishment: The Constitutional Implications of United States v. Halper

Linda S. Eads
Last Term, the Supreme Court in United States v. Halper, unanimously created a rule of law that will disrupt federal, state, and local governments’ ability to enforce a vast array of important regulatory schemes, including environmental protection, securities regulation, and tax collection. This likely disruption flows from the Court’s recognition that certain constitutional protections, previously thought only available to criminal defendants, are at times equally accessible to civil defendants from…

Civil Incest Suits: Getting Beyond the Statute of Limitations

Carol W. Napier