Tag Archive: January Book

Mar 06

Comment: Lighting a Fire Under Free Speech: the FDA’s Graphic Attempts to Reduce Smoking Rates

Ashley Peterson More than forty-three million adult Americans are cigarette smokers. Cigarette smoking accounts for 400,000 deaths annually—more than AIDS, alcohol, cocaine, heroin, homicide, suicide, motor vehicle crashes, and fires combined—making cigarettes the leading preventable cause of death in the United States. Tomorrow, approximately 4,000 children under the age of eighteen will experiment with cigarettes …

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Mar 06

Reclaim This! Getting Credit Seller Rights in Bankruptcy Right

Lawrence Ponoroff The oxymoronically titled Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA” or “2005 amendments”) has received considerable attention since its passage, and considerably less than all of it is positive. By even a neutral account, the bill is clumsily drafted, unnecessarily prolix, internally inconsistent, and annealed in a cauldron of special …

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Mar 06

Synthetic CDOs, Conflicts of Interest, and Securities Fraud

Jennifer O’Hare Following the financial crisis, the synthetic collateralized debt obligation (“CDO”)—a complex derivative that received little mainstream attention prior to the housing meltdown—became big news. Journalists wrote numerous articles explaining how synthetic CDOs spread the contagion of toxic assets throughout the financial system, nearly bringing down the global economy. Government hearings exposed the ugly …

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Mar 06

The Copyright/Patent Boundary

Viva R. Moffat In passing the Copyright Act in 1976, Congress provided that “pictorial, graphic, and sculptural works” were to be protected, but at the same time made clear that works of industrial design, as opposed to works of applied art, were not to be protected by copyright law. Put simply, “useful articles” are not …

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Mar 06

High-Frequency Trading: A Regulatory Strategy

Charles R. Korsmo The events of May 6, 2010 took high-frequency trading from the edges of public consciousness to being front page news. American stock markets had opened that morning to unsettling rumblings from Europe. The previous day had seen violent protests in Greece against proposed austerity measures designed to avert a default on Greek …

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Mar 06

The Purpose of the Fourth Amendment and Crafting Rules to Implement that Purpose

Thomas K. Clancy What is the purpose of the Fourth Amendment?  How should rules – legal principles – be crafted to implement that purpose?  This article addresses those questions. Nothing is more fundamental to the development of Fourth Amendment principles than the answers to those questions.  Given the wide applicability of the Fourth Amendment to …

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