Category Archives: Notes
SEC Rule 10B5-2: A Call for Revitalizing the Commission’s Efforts in the War on Insider Trading
It is well known that the Securities and Exchange Commission (“SEC” or the “Commission”) is the administrative agency that regulates insider trading in the United States’ financial markets. 1 It is also well known that insider trading law is notoriously … Continue reading
The End of an Era: Closing the Exclusionary Debate Under Herring v. United States
For nearly a century, aggressive judicial correction of government abuses has protected individual privacy rights. Favoring result over method, many of the Supreme Court’s remedies attract harsh criticism for their heavy-handed but uncertain application—subject to constant metamorphoses while maintaining a … Continue reading
Finding Common Ground: How Inclusive Language Can Account for the Diversity of Sexual Minority Populations in the Employment Non-Discrimination Act
The Employment Non-Discrimination Act (“ENDA”) aims to protect all American employees who are or may be perceived as gay, lesbian, or bisexual by prohibiting discrimination in employment or employment opportunities, including, “firing, hiring, compensation, terms, conditions and privileges of employment … Continue reading
Safe Localities Through Cooperation: Why the Secure Communities Program Violates the Constitution
An undocumented immigrant and a single mother, Tatiana arrived in the United States almost eleven years ago. Since then, she has been working very hard to support her three minor children, all of whom are U.S. citizens. She is a … Continue reading
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Tagged Ana Getiashvili, Secure Communities Program, Volume 40, Volume 40 Issue 4
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A Prescription for Excess: Using Prescriptive Comity to Limit the Extraterritorial Reach of the Sherman Act
The United States aggressively pursues antitrust violations perpetrated by foreign defendants. Of the fines collected by the Department of Justice (“DOJ”) for Sherman Act violations, eighteen of the twenty largest fines have been levied against foreign corporations. Private plaintiffs, too, … Continue reading
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Tagged Sherman Act, Stephen D. Piraino, Volume 40, Volume 40 Issue 4
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Trix Are Not Just For Kids: The Supreme Court’s Clumsy Handling of the Public-Private Distinction and its Legislative Impact on Breakfast and Beyond
“Silly Rabbit, Trix are for kids.” It is more than just a slogan: General Mills believes it is constitutionally protected speech under the First Amendment. But if Trix are for kids, recent Supreme Court decisions granting expansive constitutional protections to … Continue reading
Sanctioning Insurance Carriers for Bad-faith Litigation Practices: a Proposal to Change the “Named Party” Rule
It was three days before Christmas in 1996. Earnest and Eleanor Brown, a retired couple from Shinnston, West Virginia, were driving on the freeway. The retired couple had twenty-two children, seventeen of whom were adopted, many of them with special … Continue reading
Asylum and Oral Argument: The Judiciary in Immigration and the Second Circuit Non-argument Calendar
Saidou Dia, a native of the Republic of Guinea, and Marwan Youssef Albathani, a Lebanese national, have likely never met. Both men were born in their native countries in the 1970s, both men were politically active in their native countries, and the lives … Continue reading
Posted in Homepage, Notes
Tagged Erick Rivero, Issue 4, Volume 34, Volume 34 Issue 4
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Big Talk, Broken Promises: How Title I of the Americans with Disabilities Act Failed Disabled Workers
The Americans with Disabilities Act (“ADA” or “the Act”) was signed into law in July 1990 with much fanfare. President George H.W. Bush echoed Congress’s belief that it would level the playing field for the disabled in all facets of … Continue reading
An Old Means to a Different End: The War on Terror, American Citizens . . . and the Treason Clause
In 2004, Supreme Court Justice Antonin Scalia, while dissenting in Hamdi v. Rumsfeld, stated that when the United States government accuses one of its own citizens of waging war against it, “our constitutional tradition has been to prosecute him in … Continue reading
