Article

A Fixer-Upper for Finance

Three facts bear notice in connection with our current financial troubles. The first is that the First World War, before the Second began, was known as “the Great War.” The second is that the global Depression that struck between those two wars — which, thankfully, it appears we can still label “Great” for the time being — commenced with the burst of a multiyear real estate price bubble prior to…
Article

Rodrigo’s Portent: California and the Coming Neocolonial Order

Through the style of a fictional narrative, this paper demonstrates how colonialism is starting to supplant race as an organizing principle, enabling whites to maintain control in the face of demographic change. The paper argues that qualitative concerns, as well as numbers and statistics, supported this thesis and that California was beginning to take on the ―feel of a neocolonial society. The argument, on the basis of several kinds of…
Article

The Unintentional Rapist

When I read and re-read McQuirter, I find that the case raises more questions than it answers. McQuirter raises questions about the law of rape. But it also raises questions about the sexualization of race, the racialization of rape, and ultimately the specter of not rape. This Article proceeds as follows. Part I begins with an overview of the black letter law of rape, from its common law foundation through…
Note

All in Your Head: A Comprehensive Approach to Somatoform Disorders in Adult Disability Claims

Gregory C. Flatt
Note

Return to Sender: Evaluating the Medical Repatriations of Uninsured Immigrants

Caitlin O'Connell
Commentary

A Proposed Fat-Tail Risk Metric: Disclosures, Derivatives, and the Measurement of Financial Risk

Accurately and precisely modeling financial risk is somewhat of a Holy Grail for financial theorists, regulators, and market participants. But like the Holy Grail, the location of a comprehensive model of risk remains unknown; some have even suggested that such a model is a figment of financial theorists’ imaginations. Nowhere has that disaster been more fully evident than in the recent failure of risk models to adequately prepare the marketplace…