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Volume 109 - Issue 6

Globalization Without a Safety Net: The Challenge of Protecting Cross-Border Funding of NGOs

By Lloyd Hitoshi Mayer. Full text here. More than fifty countries around the world have sharply increased legal restrictions on domestic nongovernmental organizations (NGOs) that receive funding from outside their home country and the foreign NGOs that provide such funding. These restrictions include requiring advance government approval before a domestic NGO can accept cross-border funding, requiring…

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Categorizing Student Speech

By Alexander Tsesis. Full text here. Primary and secondary school student speech cases raise a variety of conflicting concerns about civic growth, intellectual development, school discipline, and judicial discretion. This Article explains how courts should address the internal conflict within jurisprudence that, on the one hand, recognizes students retain their First Amendment rights, and, on the…

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Admissions of Guilt in Civil Enforcement

By Verity Winship & Jennifer K. Robbennolt. Full text here. Should agencies require admissions of wrongdoing from the targets of civil enforcement? Administrative agencies rely heavily on settlement as a key enforcement tool. Admissions of wrongdoing—or, more commonly, declarations that nothing is admitted—form part of these settlement agreements and the underlying negotiations. The Securities and…

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Prospective Grandfathering: Anticipating the Energy Transition Problem

By Christopher Serkin & Michael P. Vandenbergh. Full text here. Legal change has the potential to disrupt settled expectations and property rights. The Takings Clause protects some expectations by requiring compensation for the most significant costs of changes in the law. However, threats of takings claims and related claims of unfairness in political debates can discourage…

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Note: Inclusive Communities and Robust Causality: The Constant Struggle to Balance Access to the Courts with Protection for Defendants

By Claire Williams. Full text here. Access to housing has been a central issue throughout much of the United States’ history. Both government and private actors furthered and reinforced segregated and substandard housing for people of color. From the time of its passage, the Fair Housing Act and antidiscrimination litigation has been an important tool for…

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Note: Shining a Light on the Shadow-of-Trial Model: A Bridge Between Discounting and Plea Bargaining

By Lauren Clatch. Full text here. Plea bargaining is a central feature of the American criminal justice system. Traditional legal scholarship on plea bargaining, influenced by the subdiscipline of law and economics, assumes that criminal defendants simply compare the two criminal sanctions being offered—the criminal charge and sentence in the plea bargain versus the criminal charge…

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Note: Killing the Goose that Laid the Golden Egg: Outdated Employment Laws Are Destroying the Gig Economy

By Emily C. Atmore. Full text here. Would you rather protect employee rights or stimulate economic growth? It seems like an impossible choice. This is a dichotomy that has been debated by scholars and lawmakers throughout history. Most recently, this issue has arisen in the context of the so-called gig economy. The gig economy uniquely challenges…

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Too Big To Fool: Moral Hazard, Bailouts, and Corporate Responsibility

By Steven L. Schwarcz. Full text here. Domestic and international regulatory efforts to prevent another financial crisis have been converging on the idea of trying to end the problem of too big to fail—that systemically important financial firms take excessive risks because they profit from success and are (or at least, expect to be) bailed out…

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The Production Function of the Regulatory State: How Much Do Agency Budgets Matter?

By Jonathan Remy Nash, J.B. Ruhl, & James Salzman. Full text here. How much will our budget be cut this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy. Yet very little is known about the fundamental…

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