A Theory for Deliberation-Oriented Stress Testing Regulation
By Robert Weber. Full text here. This Article presents a theory for how policymakers should use stress testing as a tool of financial regulation. In finance, a stress test is an exercise gauging how an institution or system will respond to severe, yet plausible, stressed conditions such as stock market crashes, high unemployment rates, liquidity shortages,…
Continue ReadingThe Incidental Regulation of Policing
By Seth W. Stoughton. Full text here. What do the laws governing municipal annexation, collective bargaining, and race-conscious employment decisions have in common? Each plays a significant and underappreciated role in shaping local law enforcement practices even though each, on its face, has nothing to do with policing. This Article explores the incidental regulation of policing,…
Continue ReadingEntrapped: A Reconceptualization of the Obedience to Orders Defense
By Monu Bedi. Full text here. “I was just following orders,” and, “The government made me do it,” are phrases from two different criminal law defenses: obedience to orders and entrapment. A military defense, obedience to orders allows a soldier to escape liability by arguing that she was obeying orders when she committed the supposed crime.…
Continue ReadingExposed
By Derek E. Bambauer. Full text here. The production of intimate media—amateur, sexually explicit photos and videos—by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such as via revenge porn, threatens to chill their output. To date, scholarly attention to this problem has focused overwhelmingly on privacy and…
Continue ReadingNational Security and the Constitution: A Conversation Between Walter F. Mondale and Robert A. Stein
By Walter F. Mondale, Robert A. Stein, & Monica C. Fahnhorst. Full text here. Professor Robert A. Stein, Dean of the University of Minnesota Law School for fifteen years and former Chief Operating Officer of the American Bar Association, endowed this lecture series to enrich the program of the University of Minnesota Law School by inviting…
Continue ReadingNote: Oh the Places Stockholders Will Go! A Guide for Navigating Forum Selection Bylaws Outside of Delaware
By Stephanna F. Szotkowski. Full text here. Until 2010, stockholders initiated intra-corporate, derivative suits by default in the state of incorporation. Vice Chancellor Laster of the Delaware Court of Chancery suggested in dicta in In re Revlon that boards of directors and stockholders could include an exclusive forum selection clause in their charter provisions. One year…
Continue ReadingNote: State Sexual Harassment Definitions and Disaggregation of Sex Discrimination Claims
By Eleanor Frisch. Full text here. Sex discrimination hostile work environment jurisprudence has developed along two separate lines. Claims for harassment based on sexual advances or other sexual conduct constitute “sexual harassment” and must fulfill the sexual-specific definitions and rules developed by courts and the EEOC. On the other hand, hostile work environment claims based on…
Continue ReadingNote: Death and Taxes: The Crushing Tax Burden After a Student Loan Is Discharged Due to Death of a Student
By Terran Chambers. Full text here. The country is currently facing a student loan crisis, with the amount of outstanding student loan debt exceeding the amount of credit card and auto loan debt. Students, often uninformed of the intricacies in their lending options, may have the option to choose federal or private student loans. Unbeknownst to…
Continue ReadingBoeing, the IAM, and the NLRB: Why U.S. Labor Law Is Failing
By Julius G. Getman. Full text here. In April 2011, the National Labor Relations Board’s Acting General Counsel, Lafe Solomon, issued a complaint against The Boeing Company. The complaint alleged that Boeing violated the National Labor Relations Act by shifting assembly work on its 787 Dreamliner from Everett, Washington, to North Charleston, South Carolina. According to…
Continue ReadingGuns, Firms, and Zeal: Deconstructing Labor-Management Relations and U.S. Employment Policy
By Philip A. Miscimarra. Full text here. Jared Diamond has received wide acclaim for his Pulitzer Prize-winning book—Guns, Germs, and Steel: The Fates of Human Societies—which charts the path of human history. Professor Diamond asks why Europeans explored and dominated populations in North America and Africa, rather than the other way around, and he concludes that…
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