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Reworking The Unworkable: Halliburton Ii And The Court's Reexamination Of Fraud On The Market, Mariana Estévez Jun 2014

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 May 2014

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 May 2014

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 Feb 2014

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 Jan 2014

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 Dec 2013

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 Dec 2013

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 May 2013

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 Apr 2013

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 Jan 2013

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 Mar 2012

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 Mar 2012

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 Feb 2012

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 Feb 2012

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 Dec 2011

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 Dec 2011

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 Apr 2011

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 Mar 2011

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 Mar 2011

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 Feb 2011

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 Feb 2011

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 Feb 2011

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 Feb 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Dec 2010

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 Nov 2010

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 Mar 2010

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 Feb 2010

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.