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Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble 2016 Seattle University School of Law

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra 2016 Seattle University School of Law

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert 2016 Seattle University School of Law

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White 2016 Seattle University School of Law

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves 2016 Seattle University School of Law

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada 2016 Seattle University School of Law

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee 2016 Seattle University

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.


Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It, Florian Gamper 2016 Pepperdine University

Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It, Florian Gamper

The Journal of Business, Entrepreneurship & the Law

An empty creditor is a creditor who, through the use of derivatives, especially credit default swaps (CDSs), takes a position where she retains the legal rights of a creditor but has little or no economic exposure to a borrower. Thus far, the debate on empty creditors has focused mainly on how the law should react to the perceived problem of empty creditors. The debate also covers the prominent argument that empty creditors violate the underlying corporate law assumption that creditors and shareholders hold their legal rights in proportion to their economic exposure to a company. This article argues that the ...


The Hierarchy Of Priority, Paul Wangerin 2016 Pepperdine University

The Hierarchy Of Priority, Paul Wangerin

The Journal of Business, Entrepreneurship & the Law

The analysis in this article suggests that there is a hierarchy of priorities in Article 9 of the UCC and that this hierarchy is relatively simple to describe. The analysis here describes this hierarchy by engaging in a two-part analysis. Part I suggests that the rules for priorities in Article 9 come out of the interaction of a number of variables, variables that are well-known to everybody who is familiar with Article 9. Part II suggests that the variables described in Part I allow us to put all of the important rules about priorities into a simple chart that shows ...


Security Interests In Book-Entry Securities In Japan: Should Japanese Law Embrace Perfection By Control Agreement And Security Interests In Securities Accounts?, Kumiko Koens, Charles W. Mooney Jr. 2016 Yamagata University

Security Interests In Book-Entry Securities In Japan: Should Japanese Law Embrace Perfection By Control Agreement And Security Interests In Securities Accounts?, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship

The paper proposes two significant modifications of Japan’s Act on Transfer of Bonds, Shares, etc. (BETA). First, it suggests the control agreement method of transferring an interest in securities that is effective against third parties. Under the BETA, the creation of an effective interest in book-entry securities requires book entries in the securities accounts of the transferor and the transferee. Under the control agreement approach, the transferor, transferee, and the transferor’s securities intermediary would agree that (i) the intermediary would act on the instructions of the transferee with respect to securities credited to the transferor’s securities account ...


Where To Point The Finger: Omnicare’S Attempt To Rectify The Collective Scienter Debate, Michael T. Jones 2016 Boston College Law School

Where To Point The Finger: Omnicare’S Attempt To Rectify The Collective Scienter Debate, Michael T. Jones

Boston College Law Review

The crucial element in pleading a securities fraud case under the 1934 Exchange Act is proving that the defendant had the requisite intent, or scienter. Circuit courts are divided over the issue of pleading scienter against a corporation for section 10(b) and Rule 10b-5 securities fraud cases. Since a corporation can only act through its agents, courts have struggled to determine which agents’ mental states can be imputed against a corporation. In 2014, in In re Omnicare, Inc. Securities Litigation, the U.S. Court of Appeals for the Sixth Circuit created a new rule to address pleading scienter against ...


Regulating Unicorns: Disclosure And The New Private Economy, Jennifer S. Fan 2016 University of Washington School of Law

Regulating Unicorns: Disclosure And The New Private Economy, Jennifer S. Fan

Boston College Law Review

“Unicorns” are private companies with valuations of a billion dollars or more. As their name indicates, unicorns were originally so rare as to be almost mythical. But Uber and other technology companies have ushered in a new era: we now have a blessing of unicorns, each one of which has the potential to transform financial and cultural norms. Yet from a legal perspective, these behemoths are regulated just like their much smaller, non-mythical counterparts. Unicorns’ dizzying valuations have not been matched with any expansion or recalibration of regulation. As a result, vital information about these companies remains secret, perhaps for ...


Nothing New, Man!—The Second Circuit’S Clarification Of Insider Trading Liability In United States V. Newman Comes At A Critical Juncture In The Evolution Of Insider Trading, Reed Harasimowicz 2016 Boston College Law School

Nothing New, Man!—The Second Circuit’S Clarification Of Insider Trading Liability In United States V. Newman Comes At A Critical Juncture In The Evolution Of Insider Trading, Reed Harasimowicz

Boston College Law Review

On December 10, 2014, in United States v. Newman, the U.S. Court of Appeals for the Second Circuit clarified what is required for remote tippees to be liable in insider trading cases. The government has argued that the Newman decision is unprecedented and will make it far more difficult to prosecute insider trading defendants. This Note argues that the Newman decision is consistent with precedent and the principles of criminal law and comes at a critical juncture where the SEC’s prosecutorial tactics do not square with the common law. Importantly, Newman reins in prosecutorial overreaching aimed at those ...


Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt 2016 Seattle University School of Law

Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt

Seattle University Law Review

This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can ...


Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce, Sarah Bolling Mancini, Alys Cohen 2016 Pepperdine University

Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce, Sarah Bolling Mancini, Alys Cohen

Pepperdine Law Review

The death of a borrower too often brings the surviving spouse or other heirs to the brink of foreclosure. Transfer of the marital home to a non-borrower spouse through divorce may lead to the same problems. Mortgage servicers tell these successor homeowners that because they are not the borrower on the loan, they are not entitled to any information about the mortgage secured by their home and cannot apply for a loan modification, even if they are struggling with the payments. In fact, successors have a right to information, the right to assume liability for the loan, and the right ...


Limiting Frivolous Shareholder Lawsuits Via Fee-Shifting Bylaws: A Call For Delaware To Overturn And Revise Its Fee-Shifting Bylaw Statute, Gregory DiCiancia 2015 Boston College Law School

Limiting Frivolous Shareholder Lawsuits Via Fee-Shifting Bylaws: A Call For Delaware To Overturn And Revise Its Fee-Shifting Bylaw Statute, Gregory Diciancia

Boston College Law Review

Shareholder lawsuits have become an epidemic, with lawsuits being filed after almost every merger or acquisition, costing corporations and shareholders billions of dollars. With little substantive and successful reform measures at the federal and state level, corporations have begun to take matters into their own hands, including adopting corporate bylaws to deter these lawsuits. This Note examines the Delaware Supreme Court’s controversial decision in 2014, ATP Tour, Inc. v. Deutscher Tennis Bund, in which the court approved the adoption of fee-shifting bylaws by corporations. It further examines the Delaware State Legislature’s subsequent prohibition of fee-shifting provisions and explores ...


Moderator, Article 9 Remedies, Ingrid Hillinger 2015 Boston College Law School

Moderator, Article 9 Remedies, Ingrid Hillinger

Ingrid Michelsen Hillinger

Moderated a panel on Article 9 remedies.


Are "Legal" Marijuana Contracts "Illegal"?, Luke Scheuer 2015 Selected Works

Are "Legal" Marijuana Contracts "Illegal"?, Luke Scheuer

Luke M Scheuer

America is currently in the midst of a “legal” marijuana business boom. In states which have legalized marijuana thousands of businesses have been created and are being openly operated despite the continued prohibition on their main product by the federal Controlled Substances Abuse Act. As a regular part of their business, these companies enter into contracts which violate the CSA, for example, every time they sell their main product. These businesses, and their stakeholders, rely upon the enforceability of these contracts in order to regulate their relationships. However, under the “illegality” or public policy defense to the enforcement of contracts ...


The New Regulation Of Small Business Capital Formation: The Impact—If Any—Of The Jobs Act, Rutheford Campbell 2015 University of Kentucky College of Law

The New Regulation Of Small Business Capital Formation: The Impact—If Any—Of The Jobs Act, Rutheford Campbell

Rutheford B Campbell Jr.

The Jumpstart Our Business Startups Act (JOBS Act) was—at least apparently—driven by the desire to promote job creation by facilitating small business capital formation. The legislation was premised on the correct assumptions that small businesses create jobs and that an efficient access to capital is essential for small businesses to emerge, compete, and survive in our competitive, market economy. It is certain that the JOBS Act will have an effect on businesses’ access to external capital. With regard, however, to the capital formation efforts of small businesses—businesses that may account for more than 25% of our national ...


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