Symposium - 2016 - Salman v. United States Family Ties Salman and the Scope of Insider Trading by Jill E. Fisch on October 3, 2016 Introduction This fall, the U.S. Supreme Court will hear argument in Salman v. United States to consider the scope of insider trading liability under the federal securities laws. Specifically, the Court will consider the legal standard for tippee liability, a standard that it first articulated in its 1983 decision in Dirks v. SEC. Dirks considered… Volume 69 (2016-2017)
Symposium - 2016 - Salman v. United States Informational Cronyism by Donald C. Langevoort on October 3, 2016 I. The Issues in Salman If Maher Kara, the Citigroup analyst at the center of the Salman case now before the Supreme Court, was forbidden under SEC Rule 10b-5 from trading securities for his own account while in possession of the valuable secrets to which his job gave him access, should he instead be able… Volume 69 (2016-2017)
Symposium - 2016 - Salman v. United States Salman v. United States Insider Trading’s Tipping Point? by Donna M. Nagy on October 3, 2016 The Supreme Court’s 2016 term officially begins on the first Monday in October. But corporate insiders, securities analysts, and professional traders (as well as securities lawyers and scholars) are focusing their attention on Wednesday, October 5, when the Court, for the first time in nearly two decades, will hear argument in an insider trading case.… Volume 69 (2016-2017)
Essay Bakke to the Future Affirmative Action After Fisher by Yuvraj Joshi on September 21, 2016 Introduction On June 23, 2016, the Supreme Court announced its much-anticipated decision in Fisher v. University of Texas at Austin, allowing affirmative action in college admissions to continue. No single feature of Fisher surprised court watchers more than its author, Justice Anthony Kennedy. As Richard Primus wrote in the New York Times: “[T]he most deceptive… Volume 69 (2016-2017)
Response Data Institutionalism A Reply to Andrew Woods by Zachary D. Clopton on July 14, 2016 In Against Data Exceptionalism, Andrew Keane Woods explores “one of the greatest societal and technological shifts in recent years,” which manifests in the “same old” questions about government power. The global cloud is an important feature of modern technological life that has significant consequences for individual privacy, law enforcement, and governance. Yet, as Woods suggests,… Volume 69 (2016-2017)
Essay Sexual Assault as a Law of War Violation and U.S. Service Members’ Duty to Report by Chris Jenks & Jay Morse on May 22, 2016 Introduction This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces (ASF) against Afghan nationals to the U.S. military. The answer requires applying a longstanding Department of Defense (DOD) policy for reporting law of war (LOW) violations and hinges on when sexual assault… Volume 69 (2016-2017)