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Articles 1 - 22 of 22
Full-Text Articles in Entire DC Network
Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede
Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede
Criminal Law Practitioner
This Article examines reverse affinity fraud, which is affinity fraud in the context of public hoaxes. In traditional affinity fraud the fraudster targets a vulnerable group, whereas in cases of public hoaxes the fraudster portrays herself as part of a vulnerable group and targets the well-meaning and sympathetic general public. This Article explores the mindset and characteristics of vulnerable fraudsters in reverse affinity frauds by analyzing the cases of Sherri Papini and Lacey Spears. Both Papini and Spears utilized social media and online giving sites to defraud the public, and their cases highlight the unique challenges prosecutors have in proving …
War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson
War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
On May 24, 2022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.
Recent Law Reforms In Eu Sustainable Finance: Regulating Sustainability Risk And Sustainable Investments, Felix Mezzanotte
Recent Law Reforms In Eu Sustainable Finance: Regulating Sustainability Risk And Sustainable Investments, Felix Mezzanotte
American University Business Law Review
Responding to increasingly degrading environmental and social conditions, the European Commission has fostered important legal and regulatory reforms to achieve sustainable finance objectives in Europe. However, these reforms are numerous, complex, and fast-paced. They have proved difficult to grasp and contextualize, while adding to the intricacies of an already highly sophisticated EU legal and regulatory regime. This Article outlines and examines such reforms with the purpose of providing necessary insights into the current state of EU law and regulation in the area of sustainable finance. The first part of the Article conceptualizes the meaning of sustainability risk and of sustainable …
Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson
Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson
American University Business Law Review
The gradual establishment of an international mechanism to review and prosecute allegations of corruption could help to deter fraudulent conduct. Fraudulent conduct often reduces the economic benefits associated with large-scale development or investment projects. These projects are generally awarded through contract bidding; the bidding outcome may be dictated by bribery and other corrupt behaviors by local officials overseeing the project. The money earmarked for the project may in turn be siphoned off to the bribe recipients for private gain, leaving citizens unable to appreciate the fruits of any such project. For this reason, reducing corruption should remain a key priority. …
Unravelling China's Gradual Approach To Equity Crowdfunding Regulation, Chen Li, Yu Qianqian
Unravelling China's Gradual Approach To Equity Crowdfunding Regulation, Chen Li, Yu Qianqian
American University Business Law Review
No abstract provided.
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Scholarly Articles in Law Reviews & Journals
This Article addresses a pervasive and growing problem for returning citizens – high rates of economic insecurity – and as a novel solution, proposes the creation of Economic Justice Incubators a new municipally led social enterprise strategy.
Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the process of reentry is locally focused thanks to a complex web of collateral consequences. An estimated 641,000 people return home from prison each year, many to a limited number of economically distressed communities. Once released, their mobility is limited by the terms of their parole and the collateral …
Fake News And Financial Markets: A 21st Century Twist On Market Manipulation, Bianca Petcu
Fake News And Financial Markets: A 21st Century Twist On Market Manipulation, Bianca Petcu
American University Business Law Review
No abstract provided.
A Spoof Of Justice: Double Jeopardy Implications For Convictions Of Both Spoofing And Commodities Fraud For The Same Transaction, Abram Olychyk
A Spoof Of Justice: Double Jeopardy Implications For Convictions Of Both Spoofing And Commodities Fraud For The Same Transaction, Abram Olychyk
American University Law Review
No abstract provided.
Putting The 'Financial Stability' In Financial Stability Oversight Council, Hilary Allen
Putting The 'Financial Stability' In Financial Stability Oversight Council, Hilary Allen
Scholarly Articles in Law Reviews & Journals
For all the ink that has been spilled on the topic of financial regulation since the financial crisis of 2007-2008, there has been little examination of the competing normative goals of financial regulation. Should the financial system be treated as an end in itself such that the efficiency of that system is the primary goal? Or should financial regulation instead treat the financial system as a means to the end of broader economic growth? This Article argues for the latter approach, and stakes out the controversial normative position that financial stability, rather than efficiency, should be the paramount focus of …
Fiddling On The Roof: Recent Developments In Cybersecurity, Melanie J. Teplinsky
Fiddling On The Roof: Recent Developments In Cybersecurity, Melanie J. Teplinsky
American University Business Law Review
No abstract provided.
American Terrorists As Perpetrators Of Communitarian Assaults, Amitai Etzioni
American Terrorists As Perpetrators Of Communitarian Assaults, Amitai Etzioni
American University International Law Review
No abstract provided.
Economic Terror: Market Manifestations Of Terror Attacks, Richard V. Rodriguez
Economic Terror: Market Manifestations Of Terror Attacks, Richard V. Rodriguez
American University National Security Law Brief
No abstract provided.
Forfeiture And Restitution In The Federal Criminalsystem: The Conflict Of Victims’ Rights And Government Interests, Scott Jones
Forfeiture And Restitution In The Federal Criminalsystem: The Conflict Of Victims’ Rights And Government Interests, Scott Jones
American University Criminal Law Brief
No abstract provided.
Pleading A Loss Cause: Resolving The Pleading Standard For The Element Of Loss Causation In A Private Securities Fraud Claim And A Plaintiff's Heavy Burden Pleading It Under Iqbal, Jason N. Haycock
American University Law Review
No abstract provided.
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
American University Law Review
No abstract provided.
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
American University Law Review
No abstract provided.
Fairness Opinions, Steven M. Davidoff
Fairness Opinions, Steven M. Davidoff
American University Law Review
This Article re-examines the fairness opinion, as well as its role and necessity in corporate control transactions. This Article argues that today's fairness opinion regime is deeply flawed and, as a consequence, a fairness opinion has little meaning. The reasons are primarily this: the financial analyses underlying fairness opinions, as currently prepared by investment banks, are prone to excessive subjectivity and are frequently the product of valuation techniques that are not in accord with best practices. These defects are exacerbated by the recurring problem of these same investment banks who are conflicted in their provision of these opinions. Meanwhile, SEC …
Restoring Trust In Corporate Directors: The Disney Standard And The New Good Faith, Sarah Helene Duggin, Robert M. Goldman
Restoring Trust In Corporate Directors: The Disney Standard And The New Good Faith, Sarah Helene Duggin, Robert M. Goldman
American University Law Review
The purpose of this Article is to explore the parameters and potential impact of the good faith standard articulated in Disney V and clarified in Stone. Part I begins with a brief review of the historical impact of the tension between entrepreneurial freedom and managerial accountability, and Part II explains why the Disney standard differs significantly from the traditional understanding of good faith as the absence of subjective bad faith. Part III points out that the court’s use of the language of bad faith to articulate the new good faith may undercut the effectiveness of the standard. It urges further …
Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers
Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
Introduction: In President Bush's first press conference after the bitter 2004 election, he remarked:"With the campaign over,Americans are expecting a bipartisan effort and results." l He also commented that," [O]ne of the disappointments of being here in Washington is how bitter this town can become and how divisive. I'm not blaming one party or the other. It's just the reality of Washington, D.C ... It also makes it difficult to govern at times."2 The President actually took a first step to promoting bipartisanship and reducing bitterness in Washington a few days before the election on October 30, 2004, by signing …
Flight And Fugitive Issues In Bankruptcy Fraud Cases, Angela J. Davis
Flight And Fugitive Issues In Bankruptcy Fraud Cases, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Convergence Of 1996 And 1997 Global Efforts To Curb Corruption And Bribery In International Business Transactions: The Legal Implications Of The Oecd Recommendations And Convention For The United States, Germany, And Switzerland, Nora M. Rubin
American University International Law Review
No abstract provided.
Consumer Protection For Latinos: Overcoming Language Fraud And English-Only In The Marketplace , Steven W. Bender
Consumer Protection For Latinos: Overcoming Language Fraud And English-Only In The Marketplace , Steven W. Bender
American University Law Review
No abstract provided.