Article

The Siskel and Ebert of Financial Markets?: Two Thumbs Down for the Credit Rating Agencies

Frank Partnoy
Is a AAA rating of an institution’s bonds any different from a five-star Morningstar rating of a mutual fund, or a four-diamond American Automobile Association rating of a hotel, or a three-star Michelin rating of a restaurant, or a “two-thumbs-up” Siskel and Ebert rating of a film, or a single UL symbol on a blender? And if bond ratings differ from ratings of mutual funds, hotels, restaurants, films, and appliances,…
Article

Prosecutorial Misconduct and Constitutional Remedies

Peter J. Henning
This Article analyzes the Supreme Court’s determination of whether prosecutorial misconduct violated a defendant’s rights, as well as the related issue of what constitutional remedies are available to redress the prosecutor’s violation. The issues are connected because the Court frequently refers to prosecutorial intent as a facet of its misconduct analysis. The Article maintains that reliance on actual intent is misguided because it can elevate punishing a prosecutor to deter…
Article

Digitization, Commodification, Criminalization: The Evolution of Criminal Copyright Infringement and the Importance of the Willfulness Requirement

Lydia Pallas Loren
Part I of this Article examines the historical evolution of criminal copyright infringement in this country, culminating in the adoption of the NET Act. Part I also provides an overview of the changes in criminal copyright infringement affected by the NET Act. Part II analyzes why, after 100 years, Congress eliminated the requirement of a profit motive for criminal liability and significantly expanded the reach of the criminal sanctions of…
Note

Encouraging Individuals to Report Government Contracting Fraud: The Anti-Retaliation Provision of the Federal False Claims Act Should Protect Everyone Who Reports or Helps Prosecute Fraudulent Conduct

Joshua W. Averill
Recent Development

SEC Reverses Cracker Barrel No-Action Letter

Phillip R. Stanton