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Volume 3 – Issues 1 & 2

Was the Congressional Grant of ‘Bailout’ Authority to Treasury Secretary Henry Paulson Really So “Unprecedented?”: A Historical Analysis and Comparison of Treasury Secretary Authority During Financial Crisis | Author: Zachary Cormier

Was the Congressional Grant of ‘Bailout’ Authority to Treasury Secretary Henry Paulson Really So “Unprecedented?”: A Historical Analysis and Comparison of Treasury Secretary Authority During Financial Crisis | Author: Zachary Cormier

The time had come for Treasury Secretary Henry Paulson to urge Congress to give him more power, a lot more power. It was the middle of September 2008, the United States’ financial thermometer was about to pop as the spark that was the United States housing and mortgage crisis had grown into a raging financial wild fire. The housing bubble burst of 2006 had kindled a ‘mortgage default crisis’ that proceeded to bankrupt homeowners and…
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Antitrust Law and Virtual Worlds | Author: Marques Tracy

Antitrust Law and Virtual Worlds | Author: Marques Tracy

Much has been written about the law in virtual worlds, though the focus has been on the more obviously applicable areas of the law, namely property, copyright, and crime. Indeed, in the few instances when disputes involving virtual worlds have reached a federal court, the focus has usually been on contract or copyright claims. It is the purpose of this paper to argue for the use of the antitrust laws as set forth in sections…
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Duck, Duck, Bilski: Searching for a Law-Progress Equipoise | Author: Eric Golas Salbert

Duck, Duck, Bilski: Searching for a Law-Progress Equipoise | Author: Eric Golas Salbert

Moore's Law generally asserts that the transistor capacity on a computer processing unit increases exponentially over time. To exemplify, in 1971, Intel's first microprocessor contained 2,300 transistors and was used in simple electronic pocket calculators and by 2007 Intel was manufacturing microprocessors containing 820,000,000 transistors used in personal computers capable of near-instantaneous worldwide communication over the Internet. When the framers of the Constitution drafted the empowering words, “To promote the Progress of Science and useful…
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Cook Islands Asset Protection Trust Law | Author: David R. McNair

Cook Islands Asset Protection Trust Law | Author: David R. McNair

In 1989, the Cook Islands enacted the International Trusts Amendment Act (“ITAA”), which amended the basic bare bones International Trusts Act (“ITA”), enacted in 1982 when, as a result of a private initiative endorsed by the government, the Cook Islands parliament passed several companion acts establishing the offshore finance center. “Bare bones” does not, by the way, mean “bare trust”; the rule in Saunders v. Vautier, whereby beneficiaries are absolutely entitled to call for distribution…
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Manifest’ Destiny: The Fate of the ‘Manifest Disregard of the Law’ Doctrine After Hall Street v. Mattel | Author: Karly A. Kauf

Manifest’ Destiny: The Fate of the ‘Manifest Disregard of the Law’ Doctrine After Hall Street v. Mattel | Author: Karly A. Kauf

The Federal Arbitration Act was enacted in 1925 in reaction to widespread judicial resistance to arbitration. While it is difficult to imagine that the drafters of this legislation could have envisioned how prominent arbitration would become in the United States, it is clear that their intention was to ensure that contracts to arbitrate would be enforced and that the intent of the parties would be maintained. In the more than eighty years since the passage…
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Keeping Score When Bankruptcy Principles and the Federal Anti-Assignment Act Collide: Government Contractors’ Options Concerning Executory Contracts | Author: Tanya M. Kiatkulpiboone

Keeping Score When Bankruptcy Principles and the Federal Anti-Assignment Act Collide: Government Contractors’ Options Concerning Executory Contracts | Author: Tanya M. Kiatkulpiboone

This Comment’s analysis requires a look at statutory language, congressional intent and case precedent to support the following position:, in order for a U.S. Government entity to refuse to recognize the assumption of an executory contract by a debtor party, or the transfer of an executory contract to a third party assignee, a holistic look at the factual circumstances between the parties, both pre- petition and post-petition, is a more valuable legal analysis than the…
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With the Illinois Brick Wall Down, What’s Left?: Determining Antitrust Standing Under State Law | Author: Kellen S. Dwyer

With the Illinois Brick Wall Down, What’s Left?: Determining Antitrust Standing Under State Law | Author: Kellen S. Dwyer

This Article deals with a problem which has repeatedly arisen in state and federal courts, resulting in a number of splintered opinions. In 1977, the Supreme Court ruled that only direct purchasers of a price-fixed product may sue under the Sherman Act. Thus, under the "Illinois Brick rule," consumers who buy a price-fixed product from a middle-man may not sue. Many states responded by passing "Illinois Brick repealers" which aimed to allow such suits. This…
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It’s Not Easy Being Green: Evolving Legal Frameworks to Address the Unanticipated Consequences of New Environmental Programs | Author: Beth S. Dorris

It’s Not Easy Being Green: Evolving Legal Frameworks to Address the Unanticipated Consequences of New Environmental Programs | Author: Beth S. Dorris

“Going green” has become big business. Part of this trend stems from vast amounts of stimulus funding for “renewable energy” or energy efficiency. Natural market forces are also in play; eco-friendly products have become a $200 billion market. In addition, businesses are finding that at least some environmental measures—especially those taken to reduce wastes, water and energy consumption, packaging, and transport distances—can provide substantial cost savings. As a result, many businesses are voluntarily instituting new…
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Manipulation in Political Prediction Markets | Author: Alexandra Lee Newman

Manipulation in Political Prediction Markets | Author: Alexandra Lee Newman

The incoherence results because the concepts of artificial price and specific intent to influence market price that are central to the CEA’s anti-manipulation jurisprudence are inapplicable in the context of political prediction markets. After abandoning the CEA’s anti-manipulation jurisprudence, the CFTC will have at least three options with regard to regulating the manipulation we worry about in political prediction markets: it can develop a revised anti-manipulation doctrine with elements that are coherent when applied to…
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The Need For a Self-Sustaining Mobile Legal Clinic in Widespread Urban Centers | Author: Eshan Zaffar

The Need For a Self-Sustaining Mobile Legal Clinic in Widespread Urban Centers | Author: Eshan Zaffar

This article analyzes some of the problems plaguing the legal aid system in the United States, particularly in large, modern urban centers such as Southern California, and then discusses a workable solution to these problems. The first part of the article looks at the challenges facing the legal aid system in the United States, namely access to care, lack of funding, and inefficient provision of legal services. The second part of the article analyzes why…
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