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The Poli-Intel Industry: Considering the Common Law’s Application in Insider Trading Under the Stock Act

Ernie C. Jolly Read the full article

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Ignoring the Technicality’s Temptation: Interpreting the Citizenship of a Foreign Official Under the Foreign Corrupt Practices Act

Elizabeth Grant This Comment argues that, while the Foreign Corrupt Practices Act (“FCPA”) excludes those with U.S. citizenship from being “foreign officials” to protect defendants from an ambiguous criminal statute, businesses should structure compliance programs to treat “foreign officials” as including those with U.S. citizenship. The FCPA prohibits bribing “foreign officials,” but it does not […]

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Petitioning for Cash: How Domestic Industries Exploit Antidumping Procedures and Antitrust Exceptions to Force their Foreign Competitors into Lucrative Settlement Agreements

Daniel Fullerton Read the full article

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Can’t See The Forest For The Trees: Where Does A Purchase Or Sale Of Securities Occur?

CHRISTOPHER CALFEE Whether Justice Scalia chopped down the “judicial oak which ha[d] grown from little more than a legislative acorn” or cleared an entire forest of “botanically distinct tree[s]” when he created the transactional test in Morrison v. National Australia Bank, Ltd., he undoubtedly changed the legal landscape for both international and antifraud securities laws. The […]

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Is Judge Rakoff Asking For Too Much? The New Standard For Consent Judgement Settlements With The SEC

AMANDA S. NAOUFAL In SEC v. Citigroup Global Markets, Inc., Judge Rakoff rejected a $285 million settlement between the Securities and Exchange Commission (“SEC” or “Commission”) and Citigroup. The complaint alleged that Citigroup failed to disclose its role in the selection of assets for a billion dollar collaterized debt obligation. Judge Rakoff rejected the consent […]

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Forward-Looking Improvements To Licensing The Next Generation Of Nuclear Reactors

ARJUN PRASAD Nuclear regulation has faced a variety of challenges since the Atomic Energy Commission first introduced the procedure of two-step licensing, in which construction and operational licenses are issued separately to nuclear reactor developers. Since 1974, and the establishment of the Nuclear Regulatory Commission, the process for licensing a nuclear power plant has changed […]

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Made In America: A Comparative Analysis Of Copyright Law Protections For Fashion Design In Asia And The United States

ALEXANDRA MACKEY The fashion industry is a global industry, generating $1.2 trillion in revenue.  Consequently, the question of whether—and to what extent—fashion designers can protect their works under the intellectual property laws of their country is hotly debated.  In Asia, the answer to this question varies from country to country. In India, for instance, fashion […]

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A Risk Not Worth The Reward: The Stored Communications Act And Employers’ Collection Of Employees’ And Job Applicants’ Social Networking Passwords

NICHOLAS D. BEADLE Recent news reports have documented how some employers have collected social networking passwords from employees and job applicants in an attempt to evade privacy protections that might prevent them from tracking employees and applicants’ online activity.  The Federal Stored Communications Act (“SCA”) requires an employer to secure an employee or applicant’s knowing […]

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An American Crisis: Proprietary Schools and National Student Debt

CHARLES POLLACK Proprietary schools encounter increased scrutiny as they become more influential within the United States. Many students claim that these for-profit businesses fraudulently request student loans from the government. These allegations have created a debate over review standards in the circuit courts. A recent Supreme Court decision has further complicated this issue by allowing […]

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Business CAN-SPAM No More

YARITZA VELEZ Since the passing of the CAN-SPAM Act in 2003, courts have grappled with its application in a world where emerging technology quickly changes the way consumers and businesses communicate with each other. In recent years, courts have displayed a trend of broadening the definition of “electronic mail messages” under the Act to include […]

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