Recent Submissions

  • The Impact of Insider Trading on the Market Price of Securities: Some Evidence from Recent Cases of Unlawful Trading 

    Rosenfeld, David (The Journal of Corporation Law, 2018-11-01)
    The government's recent crackdown on insider trading has revived an old debate about the wisdom of insider trading prohibitions. Opponents of insider trading laws often argue that insider trading contributes to market ...
  • Civil Penalties Against Public Companies in SEC Enforcement Actions: An Empirical Analysis 

    Rosenfeld, David (University of Pennsylvania Journal of Business Law, 2019-11-01)
    Civil penalties have become an increasingly important part of the Securities and Exchange Commission’s (SEC) enforcement program. The SEC now routinely obtains large civil penalties in enforcement actions, regularly trumpets ...
  • The Doomed Constitutional Case Against Exclusive Representation 

    Oswalt, Michael M. (American Constitution Society, Washington, D.C., 2021-06)
    When the Supreme Court decided Janus v. American Federation of State, County, and Municipal Employees (AFSCME) in 2018, the decision not only made it unconstitutional for public sector unions to require “fair share fees” ...
  • Localizing Environmental Federalism 

    Fox, Sarah (University of California Davis School of Law, 2020)
    Local environmental action has gained attention and importance in the face of inaction by the federal government and many states. By taking action when other levels of government are not, these local governments are ...
  • Environmental Gentrification 

    Fox, Sarah (University of Colorado School of Law, 2019)
    Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area ...
  • Home Rule in an Era of Local Environmental Innovation 

    Fox, Sarah (Berkeley Law School, University of California, 2017)
    As 2016’s national election made clear, striking ideological differences between cities and their surrounding states exist in many parts of the country. One way in which this divide manifests itself is in state governments ...
  • Admissions in SEC Enforcement Cases: The Revolution That Wasn't 

    Rosenfeld, David (University of Iowa Law Review, 2017)
    In 2013, the SEC departed from its long-standing policy of settling enforcement matters on a no-admit/no-deny basis, and for the first time began to require admissions when settling certain cases. The new admissions policy ...
  • Burnout Doesn't Frighten Me 

    Stange, Meredith A.G. (Legal Writing Institute, 2021-03)
    This past semester we all taught during an unprecedented worst-case scenario, moving our courses online at the literal drop of a hat. Although I know my experience is not unique, from March to the end of the semester in ...
  • Voting Like a Duck: Reflecting on a Year of Legal Writing Voting Rights 

    Stange, Meredith A. G. (Legal Writing Institute, 2020-03)
    Over the years, in various legal writing forums, I have heard that legal writing professors should try to “look like ducks.” This means we should publish, teach doctrinal courses, and otherwise do everything we can to ...
  • Law Students Lie and Other Practical Information for First-Year Students 

    Stange, Meredith A. G. (Law Teacher, 2012)
    The first thing I tell students, and the piece of information they most often remember, is something that took me nearly my entire first year of law school to figure out: Law students lie. I do not mean that all law students ...
  • USA: Regulating Non-Lawyers to Close the Access to Justice Gap 

    Rigertas, Laurel A. (Legal Ethics, 2014)
    Despite the fact that many new lawyers are struggling today to find employment, there are a few regulators of the legal profession willing to consider how non-lawyers can help to close the gap in consumer access to legal ...
  • The Birth of the Movement to Prohibit the Unauthorized Practice of Law 

    Rigertas, Laurel A. (Quinnipiac Law Review, 2018)
    Despite its omnipresence in the field, there is no comprehensive history of the legal profession's effort to prohibit the unauthorized practice of law ("UPL"), by persons or entities who do not have a license to engage in ...
  • Alt-Bargaining 

    Oswalt, Michael M. (Law and Contemporary Problems, 2019)
    Reflections on the modern labor movement tend to take a bad-news/good-news approach to the future: yes, unions are down, but a new trend suggests they are far from out. The framing is optimistic, but also right. What’s ...
  • Organizing the State: The “New Labor Law” Seen from the Bottom-Up 

    Oswalt, Michael M.; Marzán, César F. Rosado (Berkeley Journal of Employment and Labor Law, 2018)
    U.S. labor and employment law is broken. Evidence of the decay can be gleaned from the steep decline in unions and collective bargaining, inadequate employment protections, ineffective enforcement of many employment laws, ...
  • The Content of Coercion 

    Oswalt, Michael M. (U.C. Davis Law Review, 2019)
    This Article is about a new approach to one of the law's most basic questions: what is coercion? Under its traditional framing, coercion is about transactions. One person makes an offer to another person, who, under the ...
  • Forgetting Its Common Humanity: America's Immigration Story 

    Maddali, Anita (2018)
    It has become increasingly difficult for immigrants to maintain family integrity under the current immigration system. The challenges they face include exceptionally long visa wait times; increasing penalties for violations ...
  • Help Me, Help You: What You Should Know Before You Ask for Help 

    Stange, Meredith A. G. (The Learning Curve (AALS Sec. on Acad. Support, Washington, D.C.), 2019-05)
    I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get ...
  • Suing Principals Alone for the Acts of Agents 

    Parness, Jeffrey A.; Yorko, Alexander (DuPage County Bar Association Brief, 2017-05)
    This past August the Illinois Appellate Court, in Yarbrough v. Northwestern Memorial Hosp., suggested there was never a need to join, or to continue to join, an agent when pursuing a vicarious liability lawsuit against its ...
  • International Child Relocations from U.S. States 

    Parness, Jeffrey A. (2017)
    Child caretaking in the United States today frequently is undertaken by adults who do not operate under court orders or private agreements. The adults may, but need not then be, legal parents. There are usually constraints ...
  • Nonparental Childcare and Child Contact Orders for Grandparents 

    Parness, Jeffrey A.; Yorko, Alexander (2017)
    The U.S. Supreme Court has long recognized that the regulation of certain areas of domestic relations, including standing to seek a childcare order, rests within the virtually exclusive province of the states. State lawmakers ...

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