Amy Deen Westbrook, Citation: Amy Deen Westbrook, Cash for Your Conscience: Do Whistleblower Incentives Improve Enforcement of the Foreign Corrupt Practices Act?, 75 Wash. & Lee L. Rev. 1097 (2018).
Samuel W. Calhoun, Robert T. Danforth, Sidney S. Evans, Edward O. Henneman, Andrew W. McThenia, Brian C. Murchison, Joan M. Shaughnessy, Barry Sullivan, John W. Vardaman, and Mark A. Williams, Citation: Samuel W. Calhoun, Robert T. Danforth, Sidney S. Evans, Edward O. Henneman, Andrew W. McThenia, Brian C. Murchison, Joan M. Shaughnessy, Barry Sullivan, John W. Vardaman, and Mark A. Williams, A Tribute to Professor Mark H. Grunewald, 75 Wash. & Lee L. Rev. 677 (2018).
Julian Velasco, Citation: Julian Velasco, The Diminishing Duty of Loyalty, 75 Wash. & Lee L. Rev. 1035 (2018).
Fiduciary duties comprise an integral part of corporate law. It is generally understood that directors owe the corporation and its shareholders two fiduciary duties: the duty of care and the duty of loyalty. Although both duties are firmly established in corporate law, they are not treated equally. It is generally understood that the duty of […]
Matthew C. Turk and Karen E. Woody, Citation: Matthew C. Turk and Karen E. Woody, The Leidos Mixup and the Misunderstood Duty to Disclose in Securities Law, 75 Wash. & Lee L. Rev. 957 (2018).
This Article concerns the recent Supreme Court case, Leidos, Inc. v. Indiana Public Retirement System (Leidos), and examines the broader issues that it raised for securities law. The consensus among scholars and practitioners is that Leidos presented a direct conflict among the circuit courts over a core question of securities law—when a failure to comply […]
Andrew A. Schwartz, Citation: Andrew A. Schwartz, The Gatekeepers of Crowdfunding, 75 Wash. & Lee L. Rev. 885 (2018).
Securities crowdfunding is premised on two core policy goals: inclusivity and efficiency. First, crowdfunding is conceived as an inclusive system where all entrepreneurs are given a chance to pitch their idea to the “crowd.” Second, crowdfunding is supposed to be an efficient way to channel funds from public investors to promising startup companies. There is […]
Scott W. Howe, Citation: Scott W. Howe, Constitutional Clause Aggregation and the Marijuana Crimes, 75 Wash. & Lee L. Rev. 779 (2018).
An important question for our time concerns whether the Constitution could establish a right to engage in certain marijuana-related activities. Several states have now legalized cannabis, within strict limits, for recreational purposes, and that number will grow. Yet, some states will not promptly legalize but, instead, continue to criminalize, or only “decriminalize” in minor ways, […]
Russell L. Christopher, Citation: Russell L. Christopher, Appointed Counsel and Jury Trial: The Rights that Undermine the Other Rights, 75 Wash. & Lee L. Rev. 703 (2018).
Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants’ other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment—imprisonment.Duncan v. Illinois limits the right to jury trial to defendants charged with […]
Jonathon C. Stanley, Citation: Jonathan C. Stanley, A Legal Frankenstein’s Monster: The Complete Bar Order in Securities Fraud Class Action Lawsuits, 75 Wash. & Lee L. Rev. 1215 (2018)
Roland Hartung, Citation: Roland Hartung, In or Out: How to Treat Foreign Taxes Under the Economic Substance Doctrine, 75 Wash. & Lee L. Rev. 1171 (2018).