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Reworking The Unworkable: Halliburton Ii And The Court's Reexamination Of Fraud On The Market, Mariana Estévez
Reworking The Unworkable: Halliburton Ii And The Court's Reexamination Of Fraud On The Market, Mariana Estévez
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews the upcoming Supreme Court case Erica P. John Fund, Inc. v. Halliburton Co. in which the Court is called upon to reexamine the controversial fraud-on-the-market rule. This rule, a cornerstone of securities litigation for the past two decades, allows the court to presume that securities fraud plaintiffs relied on a misstatement or omission if the security affected is traded on an efficient market. The subject of intense debate for years, this commentary reviews and analyzes precedent and predicts the case's likely outcome--that the Court will not expressly overrule the fraud-on-the-market rule, but will nevertheless modify it to …
Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral
Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Bond v. United States. What started as an act of revenge by a jealous wife will require the Supreme Court to examine a ninety-year old precedent concerning the extent of Congress's powers when acting pursuant to a treaty and whether a valid treaty allows Congress to act without being limited by the Article I enumerated powers.
What's Money Got To Do With It: Robers V. United States And Collateral Under The Mandatory Victims Restitution Act Of 1996, Tori M. Bennette
What's Money Got To Do With It: Robers V. United States And Collateral Under The Mandatory Victims Restitution Act Of 1996, Tori M. Bennette
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Robers v. United States. The Supreme Court will have the opportunity to resolve a major circuit split concerning how to value restitution owed to victims of mortgage lending fraud. Specifically, the court will determine whether the value of collateral mortgage property at the time of foreclosure is used to offset how much restitution fraudulent borrowers owe their victims, or whether the value of only the actual cash proceeds received from foreclosure of the property is used to offset restitution.
Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection, Ryan Mccarthy
Up In The Air: Lawson V. Fmr Llc & The Scope Of Sarbanes-Oxley Whistleblower Protection, Ryan Mccarthy
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Lawson v. FMR LCC, in which the Court will consider whether Sarbanes-Oxley extends whistleblower protection to employees of the private contractors and subcontractors of public companies.
Proskauer Rose Llp V. Troice: Deciphering The Proper Scope Of Slusa, Sriram Giridharan
Proskauer Rose Llp V. Troice: Deciphering The Proper Scope Of Slusa, Sriram Giridharan
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Medtronic V. Boston Scientific: Allocating The Burden Of Proof In Declaratory Judgment Actions For Patent Non-Infringement, Brianna Strange
Medtronic V. Boston Scientific: Allocating The Burden Of Proof In Declaratory Judgment Actions For Patent Non-Infringement, Brianna Strange
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Medtronic, Inc. v. Boston Scientific Corporation, in which the Court will decide which party bears the burden of proof in a declaratory judgment action for patent non-infringement.
Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan
Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Atlantic Marine v. J-Crew, in which the Court may clarify a circuit split regarding the enforceability of forum-selection clauses by deciding which procedure should govern the enforcement of these clauses and which party carries the burden of proof in these disputes.
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage", Corinne Blalock
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage", Corinne Blalock
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Hollingsworth v. Perry, in which the Court may decide whether Proposition 8 violates either the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
Patent Exhaustion And The Federal Circuit’S Deviant Conditional Sale Doctrine: Bowman V. Monsanto, Adam Garmezy
Patent Exhaustion And The Federal Circuit’S Deviant Conditional Sale Doctrine: Bowman V. Monsanto, Adam Garmezy
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Materiality Immaterial? Revisiting Standards For Securities Fraud Class Certification In Amgen V. Connecticut Retirement Plans And Trust Funds, Nancy My Nguyen
Materiality Immaterial? Revisiting Standards For Securities Fraud Class Certification In Amgen V. Connecticut Retirement Plans And Trust Funds, Nancy My Nguyen
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Amgen v. Connecticut Retirement Plans and Trust Funds, in which the Court will decide whether plaintiffs in securities fraud class actions must prove materiality at the class certification stage, or if that inquiry is more appropriately left to later stages of litigation. The case requires the Court to resolve a circuit split on this issue, and will have far-reaching implications for the future of securities fraud litigation.
Indecent Exposure: Fcc V. Fox And The End Of An Era, David Houska
Indecent Exposure: Fcc V. Fox And The End Of An Era, David Houska
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Discovering Concealment: Defining The Limits Of Equitable Tolling In Section 16(B) Of The Securities Exchange Act, Boris Rappoport
Discovering Concealment: Defining The Limits Of Equitable Tolling In Section 16(B) Of The Securities Exchange Act, Boris Rappoport
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Threat Of “Clair Motions”: Martel V. Clair And The Standard For Substitution Of Counsel In Federal Habeas Petitions, Lee Czocher
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Williams V. Illinois: Another Look At Expert Testimony And The Confrontation Clause, Libby Greismann
Williams V. Illinois: Another Look At Expert Testimony And The Confrontation Clause, Libby Greismann
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton
Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Crying Wolfish: The Upcoming Challenge To Blanket Strip-Search Policies In Florence V. Board Of Chosen Freeholders, Aaron Johnson
Crying Wolfish: The Upcoming Challenge To Blanket Strip-Search Policies In Florence V. Board Of Chosen Freeholders, Aaron Johnson
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz
Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. V. Siracusano, Siobhan Innes-Gawn
The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. V. Siracusano, Siobhan Innes-Gawn
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
A Deal Is A Deal In The West, Or Is It? Montana V. Wyoming And The Yellowstone River Compact, Shiran Zohar
A Deal Is A Deal In The West, Or Is It? Montana V. Wyoming And The Yellowstone River Compact, Shiran Zohar
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
A Father’S Presence: Flores-Villar V. United States And Equal Protection, Jeffrey Hochstetler
A Father’S Presence: Flores-Villar V. United States And Equal Protection, Jeffrey Hochstetler
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Lacking Swiss Precision: The First-Sale Doctrine In Costco V. Omega, Justin Yedor
Lacking Swiss Precision: The First-Sale Doctrine In Costco V. Omega, Justin Yedor
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The More Things Change, The More They Stay The Same: Schwarzenegger V. Entertainment Merchants Association, Beatrice M. Hahn
The More Things Change, The More They Stay The Same: Schwarzenegger V. Entertainment Merchants Association, Beatrice M. Hahn
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Bruesewitz V. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler
Bruesewitz V. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Staub V. Proctor Hospital: Cleaning Up The Cat’S Paw, Hannah Banks
Staub V. Proctor Hospital: Cleaning Up The Cat’S Paw, Hannah Banks
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle
Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Snyder V. Phelps: First Amendment Boundaries On Speech-Based Tort Claims, Michael Villeggiante
Snyder V. Phelps: First Amendment Boundaries On Speech-Based Tort Claims, Michael Villeggiante
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen
Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin
The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
American Needle, Inc. V. Nfl: Professional Sports Leagues And “Single-Entity” Antitrust Exemption, M. Scott Leblanc
American Needle, Inc. V. Nfl: Professional Sports Leagues And “Single-Entity” Antitrust Exemption, M. Scott Leblanc
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Lewis V. City Of Chicago: Title Vii’S Limitations Period For Disparate Impact Charges, Kelsey Van Wart
Lewis V. City Of Chicago: Title Vii’S Limitations Period For Disparate Impact Charges, Kelsey Van Wart
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.