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Full-Text Articles in Law
Tracing, Peter B. Oh
Tracing, Peter B. Oh
Articles
Tracing is a method that appears within multiple fields of law. Distinct conceptions of tracing, however, have arisen independently within securities and remedial law. In the securities context plaintiffs must trace their securities to a specific offering to pursue certain relief under the Securities Act of 1933. In the remedial context victims who trace their misappropriated value into a wrongdoer's hands can claim any derivative value, even if it has appreciated.
This article is the first to compare and then cross-apply tracing within these two contexts. Specifically, this article argues that securities law should adopt a version of the rules-based …
Unwrapping Racial Harassment Law, Pat K. Chew
Unwrapping Racial Harassment Law, Pat K. Chew
Articles
This article is based on a pioneering empirical study of racial harassment in the workplace in which we statistically analyze federal court opinions from 1976 to 2002. Part I offers an overview of racial harassment law and research, noting its common origin with and its close dependence upon sexual harassment legal jurisprudence. In order to put the study's analysis in context, Part I describes the dispute resolution process from which racial harassment cases arise.
Parts II and III present a clear picture of how racial harassment law has played out in the courts - who are the plaintiffs and defendants, …