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The Due Process and Other Constitutional Rights of Foreign Nations
(Fordham Law Review, 2019)
The rights of foreign states under the U.S. Constitution are becoming more important as the actions of foreign states and foreign state-owned enterprises expand in scope and the legislative protections to which they are ...
Calculating SEC Whistleblower Awards: A Theoretical Approach
(Vanderbilt Law Review, 2019)
The Dodd-Frank Act provides that SEC whistleblower awards must equal not less than 10 and not more than 30 percent of the monetary penalties collected in the action to which they relate; SEC Rule 21F-6 provides criteria ...
Oversight Failure in Securities Markets
(Cornell Law Review, 2019)
According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect ...
Executive Compensation in the Charitable Sector
(Seton Hall Law Review, 2019)
The Tax Cuts and Jobs Act of 2017 (“TCJA”) reformed charity executive compensation for the first time in decades, introducing an across-the-board excise tax on compensation over $1 million.1 Its enactment represents a ...
Sharkfests and Databases
(Texas A&M Law Review, 2019)
The stock image of a plea negotiation in a criminal case depicts two lawyers in frayed business suits, meeting one-on-one in a dim corner of a courtroom lobby. The defendant is somewhere nearby, ready to receive information ...
Do Payday Loans Cause Bankruptcy?
(Journal of Law and Economics, 2019)
An estimated ten million American households borrow on payday loans each year. Despite the prevalence of these loans, little is known about the effects of access to this form of short-term, high-cost credit. We match ...
Has the "M" Word Been Framed? Marijuana, Cannabis, and Public Opinion
(PLoS One, 2019)
Over the past two decades, a growing cadre of US states has legalized the drug commonly known as “marijuana.” But even as more states legalize the drug, proponents of reform have begun to shun the term “marijuana” in favor ...
Misdemeanor Appeals
(Boston University Law Review, 2019)
We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts review no more than eight in ten thousand misdemeanor convictions and disturb only one conviction or sentence ...
The Diversity Imperative Revisited
(Clinical Law Review, 2019)
The demographics of clinical law faculties matter. As Professor Jon Dubin persuasively argued nearly twenty years ago in his article Faculty Diversity as a Clinical Legal Education Imperative, clinical faculty of color ...
Externships as a Vehicle for Teaching Access to Justice
(Clinical Legal Education Association, 2019)
As a relatively new externship instructor, I spend a lot of time thinking about externships – what they mean for our students, what they add to the clinical curriculum and law school curriculum more broadly, and how best ...