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Volume 108 - Issue 6

Note: The Voices of Victims: Debating the Appropriate Role of Fraud Victim Allocution Under the Crime Victims' Rights Act

By Julie Kaster. Full text here. The economic collapse of 2008 witnessed the greatest explosion of financial fraud cases in recent memory. The Crime Victims’ Rights Acts (CVRA), a federal statute granting victims rights in court, gives victims of financial swindlers a day in court to recount their financial hardships—a process known as victim allocution. The…

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Note: Revising the Organizational Sentencing Guidelines to Eliminate the Focus on Compliance Programs and Cooperation in Determining Corporate Sentence Mitigation

By Lindsay K. Eastman. Full text here. Corporate crime has dominated the news recently, and likely contributed to the United States’ recent financial crisis. After a corporation is convicted of a federal offense, the judge must determine the proper sentence to meet the goals of deterrence, incapacitation, rehabilitation, and just punishment. The United States Sentencing Commission…

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Note: Federalism in Bankruptcy: Relocating the Doctrine of Substantive Consolidation

By R. Benjamin Hanna. Full text here. Substantive consolidation is a process in corporate bankruptcy in which the assets of related debtor entities are placed into a single vehicle subject to the undifferentiated claims of all the creditors. Doing so resolves inter-debtor claims and vindicates the interests of creditors who thought they were transacting with a…

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Note: Tortured Language: "Individuals," Corporate Liability, and the Torture Victim Protection Act

By Brad Emmons. Full text here. The Torture Victim Protection Act (TVPA) allows persons who have been subjected to torture or extrajudicial killing to pursue a tort action against “individual[s]” who have committed such actions “under actual or apparent authority, or color of law, of any foreign nation.” In the past decade, activists and human rights…

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Conundrum

By Derek E. Bambauer. Full text here. Cybersecurity is a conundrum. Despite a decade of sustained attention from scholars, legislators, military officials, popular media, and successive presidential administrations, little, if any, progress has been made in augmenting Internet security. Current scholarship on cybersecurity is bound to ill-fitting doctrinal models; it addresses cybersecurity based upon identification of…

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Judicial Review of Judicial Lawmaking

By Amnon Lehavi. Full text here. “It would be absurd to allow a State to do by judicial decree what the Takings Clause forbids it to do by legislative fiat . . . . [T]he particular state actor is irrelevant.” – Stop the Beach Renourishment, Inc. v. Fla. Dep’t of Envtl. Prot., 130 S. Ct. 2592, 2601–02 (2010). Justice Scalia’s…

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Regulating Reproduction: The Problem with Best Interests

By I. Glenn Cohen. Full text here. Should the State permit anonymous sperm donation? Should brother-sister incest between adults be made criminal? Should individuals over the age of fifty be allowed access to reproductive technologies? Should the State fund abstinence education? One common form of justification that is offered to answer these and a myriad of…

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Successor Liability

By John H. Matheson. Full text here. The phrase mergers and acquisitions, or M&A for short, signifies both the business activity of growing (or divesting) corporate operations and the legal rules surrounding that activity. One typical acquisition technique is the purchase of business assets by one company from another. Asset sales transactions have various benefits, one…

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Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Bestsellers

By Paul J. Heald. Full text here. Economists and policymakers have recently defended the extension of copyright protection to assure the efficient exploitation of existing works. They assert that works in the public domain may be underexploited due to the lack of property rights. This study compares the availability, number of editions, and prices of 166…

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