Category Archives: Uncategorized

Rebekah R. Runyon, Am I Under Arrest? Why the U.S. Sentencing Guidelines Need A Strict Definition of What Constitutes an Intervening Arrest

Congress provided for the creation of the U.S. Sentencing Guidelines to promote fairness and produce proportional and uniform sentences. The Guidelines provide judges with a guideline range for sentencing based on a defendant’s criminal history score and the offense level … Continue reading

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Andrew Daechsel,Fake Arbitration: Why Florida’s Nonbinding Arbitration Procedure Is Not Arbitration Within the Scope of the Federeal Arbitration Act

Does the Federal Arbitration Act (FAA) govern Florida’s nonbinding arbitration procedure? At present, this question is unresolved. As its name suggests, the FAA generally governs arbitration agreements. But the FAA does not define “arbitration,” and the U.S. Courts of Appeals … Continue reading

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Johannes W. Fedderke & Marco Ventoruzzo,Do Conservative Justices Favor Wall Street? Ideology and the Supreme Court’s Securities Regulation Decisions

The appointment of Supreme Court justices is a politically-charged process and the “ideology” (or “judicial philosophy”) of the nominees is perceived as playing a potentially relevant role in their future decision making. It is fairly easy to intuit that ideology … Continue reading

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Samuel R. Wiseman,What Is Federal Habeas Worth?

Federal habeas review of state non-capital cases under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is widely regarded as deeply flawed for producing a huge volume of costly litigation and very little relief. Many scholars have called … Continue reading

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Keith Cunningham-Parmeter, Marriage Equality, Workplace Inequality: The Next Gay Rights Battle

Same-sex marriage is not the only civil rights issue impacting the gay community. Although the Supreme Court’s decision in Obergefell v. Hodges represented a momentous victory on same-sex marriage, workplace protections affect far more people and remain a high priority … Continue reading

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Harwell Wells, A Long View of Shareholder Power: From the Antebellum Corporation to the Twenty-First Century

For most of the twentieth century, the conventional wisdom held—probably correctly—that shareholders in America’s large, public corporations were passive and powerless and that managers wielded the real power. Beginning in the 1980s, however, shareholders in the form of institutional investors … Continue reading

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