October, 2009
The Hidden Dimension of Nineteenth-Century Immigration Law
Oct. 27, 2009—This Article challenges the conventional wisdom that the law had little to say about immigration before 1875. Instead, it offers a reframing of immigration law history as including what scholars have previously thought of as “settlement history”: the immigration of whites to the western territories. The Article focuses on a particular group of immigrants—the so-called...
On the Limits of Supremacy: Medical Marijuana and the States’ Overlooked Power to Legalize Federal Crime
Oct. 27, 2009—Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, and though that ban has survived constitutional scrutiny, state laws legalizing medical use of marijuana not only survive careful preemption analysis, they constitute...
Star Creation: The Incubation of Mutual Funds
Oct. 27, 2009—Mutual fund incubation is a process by which new funds are initially operated out of public view. The high-performing funds are then marketed to investors, and the low-performing funds are quietly terminated. This selection process is not revealed to investors, thus creating the illusion that the successful funds’ returns were the result of skill rather...