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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 ...
Pregnant People?
(Columbia Law Review, 2019)
In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that ...
Countering Nationalist Oligarchy
(Democracy: A Journal of Ideas, 2019)
The real threat to liberal democracy isn’t authoritarianism--it's nationalist oligarchy. Here's how American foreign policy should change.
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 ...
Will Tenure Voting Give Corporate Managers Lifetime Tenure?
(Texas Law Review, 2019)
Dual-class voting systems have been widely employed in recent initial public offerings by large tech companies, but have been roundly condemned by institutional investors and the S&P 500. As an alternative, commentators ...
How to Save the Supreme Court
(Yale Law Journal, 2019)
The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory ...
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 ...
Empirically Investigating Judicial Emotion
(Onati Socio-Legal Series, 2019)
The empirical study of judicial emotion has enormous but largely untapped potential to illuminate a previously underexplored aspect of judging, its processes, outputs, and impacts. After defining judicial emotion, this ...
Term Limits and Turmoil: Roe v. Wade's "Whiplash"
(Texas Law Review, 2019)
A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing ...