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Insider Trading in Crypto Assets—Back to First Principles?
This Essay examines whether the traditional rationales for prohibiting insider trading, which were developed for securities markets that facilitate capital formation, translate meaningfully to the emerging regulatory landscape for crypto assets. It contrasts the U.S. duty-based regime, grounded in…
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Directors’ Fiduciary Duties in the Likelihood of Insolvency
The purpose of this Essay is to analyze the Directive and its interaction with American law in order to establish some considerations in coordinating the provisions of insolvency and corporate law. This Essay focuses on the configuration of a new framework of directors’ liability in which, among…
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Antitrust and Tech Giants: Learning from United States v. Google LLC
This Note addresses the evolution of antitrust regulation and enforcement in the United States, with a focus on the recent case of United States v. Google LLC. That case is used to frame the broader problem of insufficient remedies being implemented against large technology firms. The mild remedies…
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Corporations’ First Amendment Rights and Algorithmic Cocoons
This Note examines how corporate First Amendment doctrine applies to algorithmic systems that curate commercial information and public discourse across online platforms. Courts have increasingly treated ranking, recommendation, and moderation practices as exercises of protected editorial judgment…
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What is a House?: Searching for the Meaning and Scope of Curtilage at Common Law
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The Long Arm and the Short Stick: How Citizenship Transforms White-Collar Enforcement
Transnational white-collar enforcement has expanded steadily, even amid recent Department of Justice rhetoric favoring restraint. Yet the enforcement apparatus imposes markedly different—and more costly—consequences on noncitizen defendants than on similarly situated U.S. citizens. Noncitizens are…
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From Claiborne to Climate: Anti-ESG Boycott Legislation and Corporate First Amendment Rights
Since 2021, at least twenty-one states have enacted laws targeting financial institutions and companies that incorporate environmental, social, and governance (ESG) considerations into their business practices. This Comment examines the First Amendment implications of one specific category of such…
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The Unitary Executive and the Federal Reserve
The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation—known as the…
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The Quiet Revival of the Effective Vindication of Rights Doctrine
The U.S. Supreme Court’s 2013 decision in American Express v. Italian Colors Restaurantwas widely seen as the death knell for the “effective vindication of rights” doctrine—a judicially created rule that arbitration agreements are enforceable only “so long as the prospective litigant effectively…
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Foreign Judgments in U.S. Courts
American law on foreign judgments is at an inflection point. For over a century, the doctrine has been shaped by concerns about outgoing U.S. judgments seeking asset collection in the civil law countries of continental Europe. But shifting trade flows and changing litigation tactics have carved a…
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Reorganizing the Administrative State: Executive Ambition and Legislative Constraint
Beginning in the 1930s, Congress enacted a series of statutes granting presidents the authority to initiate reorganizations of the administrative state. Under these reorganization statutes, the president determined any necessary changes in agency organization and submitted a reorganization proposal…
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The Glomar of It All: The Role of External Disclosures in Agency Refusals to Confirm or Deny Under FOIA
The Freedom of Information Act (FOIA) requires federal agencies to disclose records upon request from the public, subject to statutory exemptions. Increasingly, agencies have relied on a nonstatutory mechanism, known as the Glomar response, to avoid disclosure. This mechanism, which allows agencies…
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Arbitrating Energy: The Impact of Arbitration on the Energy Transition
Even prior to recent events in the Middle East, the global energy sector has been undergoing a significant transformation as states pursue regulatory reforms aimed at addressing climate change, environmental protection, and energy system restructuring. These developments have contributed to an…
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Backing the Trustees: How ERISA Supports Enforcing Arbitration Awards and Ensures Equitable Relief
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