Print Edition

Regulating by Example

Susan C. Morse & Leigh Osofsky

Stock Market Manipulation and Its Regulation

Merritt B. Fox, Lawrence B. Glosten & Gabriel V. Rauterberg

Resolving the Crisis in U.S. Merger Regulation

Dan Awrey, Blanaid Clarke & Sean J. Griffith

Containing Systemic Risk By Taxing Banks Properly

Mark Roe & Michael Troege

Dysfunctional Delegation

Hannah J. Wiseman

Note

Credit Default Swaps on Municipal Bonds

Ming Wang

Comment

Diagramming Interpretation

James Durling

Notice & Comment

While the world has focused on other things this week, a debate has engulfed a narrow, very nerdy slice of Twitter of which I am pleased to be part: Should citations in legal documents be “in-line” or in the footnotes? We don’t shy away from hard issues here at Notice & Comment. So I’ve decided […]
This summer the SSRN adlaw working paper series has provided for ample beach reading. June was no exception. Here is the June 2018 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Regulatory Police by Rory Van Loo (Columbia […]
When the Supreme Court held in Lucia v. SEC that the Securities and Exchange Commission had appointed its administrative law judges in an unconstitutional manner, the focus among commentators was less on the particular agency at issue and more on the repercussions for the administrative state more generally. But, while it is true that the […]
It isn’t a compliment to say that a judge “dodged” an issue. After all, to “dodge” is to “evad[e] by sudden bodily movement” — “an artful device to evade, deceive, or trick.” And throwing the word “artful” in front (to the extent it isn’t redundant, as “dodge” already includes “artful”) doesn’t turn it into a […]

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