January, 2017
Sector Agnosticism and the Coming Transformation of Education Law
Jan. 27, 2017—Sector Agnosticism and the Coming Transformation of Education Law ABSTRACT Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private school choice devices like vouchers, tax...
Monopolies in Multidistrict Litigation
Jan. 27, 2017—Monopolies in Multidistrict Litigation ABSTRACT When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs’ lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs’ claims and rewards them richly in common-benefit fees. It’s no surprise then that these are coveted positions, yet...
Aging Injunctions and the Legacy of Institutional Reform Litigation
Jan. 27, 2017—Aging Injunctions and the Legacy of Institutional Reform Litigation ABSTRACT Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court’s ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing authorities, social services agencies, correctional...
A Regulatory Theory of Legal Claims
Jan. 27, 2017—A Regulatory Theory of Legal Claims ABSTRACT Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve “substantive justice” and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in...
The Securities Black Market: Dark Pool Trading and the Need for a More Expansive Regulation ATS-N
Jan. 27, 2017—The Securities Black Market: Dark Pool Trading and the Need for a More Expansive Regulation ATS-N ABSTRACT This Note analyzes the effect certain Alternative Trading Systems known as “dark pools” have on the market, as well as how the current regulatory scheme falls short in protecting trade and execution quality. A number of regulatory loopholes have...
The Chancery Bank of Delaware: Appraisal Arbitrageurs Expose Need to Further Reform Defective Appraisal Statute
Jan. 27, 2017—The Chancery Bank of Delaware: Appraisal Arbitrageurs Expose Need to Further Reform Defective Appraisal Statute ABSTRACT Appraisal arbitrageurs—hedge funds who purchase target stock after the announcement of a merger solely to pursue appraisal—test the bounds of aim of appraisal rights to protect dissenting shareholders from majority expropriation. The backlash against appraisal arbitrage has uncovered a...
An Ocean Between Us: The Implications of Inconsistencies Between the Navigational Laws of Coastal Arctic Council Nations and the United Nations Convention on the Law of the Sea for Arctic Navigation
Jan. 27, 2017—An Ocean Between Us: The Implications of Inconsistencies Between the Navigational Laws of Coastal Arctic Council Nations and the United Nations Convention on the Law of the Sea for Arctic Navigation ABSTRACT Who determines the “rules of the road” for once inaccessible Arctic shipping routes? This Note examines the implications for navigation and protection of...
Delaware Courts Diverge on Whether “Cleansing Effect” of Corwin Applies to Duty of Loyalty Claims
Jan. 13, 2017—Delaware Courts Diverge on Whether “Cleansing Effect” of Corwin Applies to Duty of Loyalty Claims ABSTRACT Comstock requires a finding that entire fairness review is inapplicable before Corwin triggers business judgment deference. Larkin applies Corwin’s “cleansing effect” to all transactions absent a controlling stockholder. AUTHORS Robert S. Reder Professor of the Practice of Law at...