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More Meaningful Ethics by Veronica Root Martinez

Introduction Creating systems to create, promote, and encourage ethical behavior within firms is a maddeningly difficult endeavor. Whether one focuses on the purposeful decision to attempt to cheat...

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Is Business and Human Rights Suitable for the Compliance Function? by Michael...

Introduction The links between business, human rights, and compliance are often nonobvious. Firstly, these are disciplines and discourses that have evolved separately. Secondly, in the few incidental...

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Foreign Corruption as Market Manipulation by Gina-Gail S. Fletcher

Introduction On March 6, 2019, the Commodity Futures Trading Commission (CFTC) announced that it would be taking an active role in prosecuting violations of the Commodities Exchange Act (CEA) that...

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Regulating Cryptocurrency Secondary Market Trading Platforms by Kristin N....

Introduction A new class of assets has revolutionized capital raising, redefining antiquated notions of the terms “coins” and “tokens,” and capturing an increasingly significant role in financial...

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The Making of a Mismarker: The Case of the Only Banker Jailed in the U.S. for...

Introduction In 2013, Kareem Serageldin pleaded guilty to conspiracy to falsify books and records of a financial institution. He was mismarking the value of securities at Credit Suisse in order to make...

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The Role of Corporate Governance in a Macroprudential Framework by Katrien...

Introduction The compliance units in financial institutions have experienced explosive growth since the financial crisis. This is not surprising given the equally rapid growth in regulations governing...

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A Novel Idea: Televising the Announcement of Supreme Court Opinions by Floyd...

Some thirty-five years ago, Chief Justice Warren Burger said that, save for its private conferences, the Supreme Court operates “in a goldfish bowl.” Perhaps. Then again, it is impossible to see the...

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Briefly 3.10 – Is Half of Oklahoma Tribal Land?

This is Briefly, a production of the University of Chicago Law Review. Today we are discussing two cases pending before the Supreme Court, which will determine whether roughly half of the land in...

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Taking a Second Look at (In)Justice by Michael Serota

Should we reevaluate the sentences of individuals we incarcerate for long periods of time for crimes committed in their youth after they’ve served a decade or more in prison? That’s the question at the...

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Briefly 3.11 – Social Media and Market Manipulation

This is Briefly, a production of the University of Chicago Law Review. Today we are discussing social media influencers and their ability to manipulate markets. We also discuss the legal regime that...

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The Unreasonableness of the Citizenship Distinction: Section 412 of the USA...

The Case of Adham Hassoun and Section 412 of the USA Patriot Act When it was enacted—a mere seven weeks after the attacks of September 11th—the USA PATRIOT Act provided the government with the...

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Briefly 3.12 – Experimental Jurisprudence

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing Experimental Jurisprudence, which is an emerging field that uses empirical methods, particularly from the...

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The Law of Clarity and the Clarity of Law by Michael A. Francus

Professor Richard Re’s Clarity Doctrines sheds light on a neglected and growing legal phenomenon, legal rules that turn on clarity. He is correct to note that these clarity doctrines can serve...

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3.13 – Interpreting the Law through Corpus Linguistics

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing Corpus Linguistics, which is a sub-field of linguistics that employs database searches to study language...

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Getting People to Lump or Split Themselves: Pooling vs Separation by Peter...

I. Lumping & Splitting vs Pooling & Separating My goal in this short Essay is to show how an analytic vocabulary first developed to analyze insurance markets by Michael Rothschild and Joseph...

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Slicing (and Transferring) Development by John Infranca

Introduction: Lumpy Depth Spend too long within the pages of Lee Fennell’s Slices and Lumps and you begin to see slices and lumps everywhere. The deadline for this Essay fast approaches and I fear I...

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From Slices to Lumps and Back Again: Aggregation and Division in US Federal...

Introduction As Lee Anne Fennell writes in Slices and Lumps: Division and Aggregation in Law and Life, “law must determine the proper unit of analysis—how widely or narrowly to set its viewfinder—in...

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Indivisibilities in Technology Regulation by Lauren Henry Scholz

Lee Fennell’s Slices and Lumps: Division and Aggregation in Law and Life reveals the benefits of isolating configurations in legal analysis. A key characteristic of configurations, or “lumps” whether...

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Lumps in Antitrust Law by Sean P. Sullivan

The framework of aggregation and division that Lee Fennell develops in Slices and Lumps: Division and Aggregation in Law and Life is both elegant and encompassing. Through the simple device of...

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Co-Location Covenants by Lior Jacob Strahilevitz

Mom and Dad are aging. They have more house than they need, and at their ages maintaining it has become an unmanageable burden. Their friends have begun to die off, they are close to giving up their...

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