Mar 1, 2019 | Accounting Law, Article, Brent J. Horton, Law and Economics
By Brent J. Horton Abstract On April 3, 2018, Spotify Technology S.A.—a music streaming company valued in excess of $20 billion—went public by direct listing on the New York Stock Exchange (NYSE). A direct listing is distinguishable from the more traditional initial...
Mar 1, 2019 | Administrative Law, Article, Karrigan S. Börk, Legal History
By Karrigan S. Börk Abstract Law evolves to accommodate change—this is axiomatic in most academic legal traditions. But in the era of the administrative state, with congressional gridlock and a judiciary hesitant to address policy questions, evolution of statutory law...
Mar 1, 2019 | Article, Ignacio Cofone, Privacy Law
By Ignacio N. Cofone Abstract Law often blocks sensitive personal information to prevent discrimination. It does so, however, without a theory or framework to determine when doing so is warranted. As a result, these measures produce mixed results. This article offers...
Mar 1, 2019 | Article, First Amendment, Hannah Bloch-Wehba, Internet Law
By Hannah Bloch-Wehba Abstract Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These...
Dec 1, 2018 | Article, Criminal, John K. Cornwell
By John K. Cornwell Abstract In 1970, Congress enacted RICO to eradicate organized crime in America. To enlist the help of private citizens in this effort, the statute included civil provisions providing treble damages for plaintiffs who proved that they were injured...
Dec 1, 2018 | Article, Richard Posner, Robert C. Farrell
By Robert C. Farrell Abstract Judge Richard Posner, best known for his contributions to the field of law and economics, has also made an outsized contribution to another area of the law—the equal protection class-of-one claim. By some combination of happenstance and...
Dec 1, 2018 | Article, Norbert Gaillard, Securities
By Norbert Gaillard and Michael Waibel Abstract Subsequent to the 2007–2008 subprime crisis, the SEC and the US Senate discovered that it was common practice for major credit rating agencies (CRAs) to produce inflated and inaccurate structured finance ratings. A host...
Dec 1, 2018 | Article, Critical Race Theory, Tal Kastner
By Tal Kastner Abstract Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what...
Sep 1, 2018 | Article, Marc I. Steinberg, Securities, Texas Gulf Sulphur
By Marc I. Steinberg Abstract Fifty years ago, the Second Circuit decided perhaps the most important case under the U.S. securities laws – Securities and Exchange Commission v. Texas Gulf Sulphur. This decision focused on several landmark issues, including insider...
Sep 1, 2018 | Article, Securities, Stephen M. Bainbridge, Texas Gulf Sulphur
By Stephen M. Bainbridge Abstract The Texas Gulf Sulphur decision was the seminal moment in the creation of the modern federal insider trading prohibition. In the half century since it was decided, however, courts and commentators have overlooked the glaring flaw in...
