| Author | Title | Citation | Summary | Year | Key Terms |
| John Kruzel |
More than Two Dozen Dc Bar Members Urge Disciplinary Probe of Ag Barr |
The Hill (7/22/2020) |
More than two dozen members of the D.C. Bar Association, including four of its former presidents, urged the groups disciplinary board on Wednesday to investigate Attorney General William Barr for committing serious ethical deviations as head of the Justice Department under President Trump. |
2020 |
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| Scott L. Cummings |
Movement Lawyering |
27 Indiana Journal of Global Legal Studies 87 (Winter, 2020) |
Over the past decade, scholars and practitioners in the United States, and around the world, have turned greater attention to the role of lawyers in social movements. This new focus has come at a time when fundamental questions ask what it means to achieve access to justice against the backdrop of extreme inequality and right wing populism across... |
2020 |
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| Anastasia M. Boles |
Moving the Needle: Two Promising Tools to Attack Arkansas's Racial Disparity in Criminal Sentencing |
43 University of Arkansas at Little Rock Law Review Rev. 1 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 1 II. Race and Incarceration in Arkansas. 6 A. Sentencing Disparities in Arkansas. 9 B. The Science of Racial Bias and the Criminal Justice System. 12 III. Racism, the Constitution, and the Jury Process. 15 IV. Before The Verdict: Arkansas's New Jury Instruction. 17 A. AMI Crim. 2d 101. 18 B. Other... |
2020 |
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| Shiu-Ming Cheer |
Moving Toward Transformation: Abolitionist Reforms and the Immigrants' Rights Movement |
68 UCLA Law Review Discourse 68 (2020) |
This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... |
2020 |
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| Caitlin Reilly, CQ Roll Call |
Muni Investors, Advisers Seek Transparency on Police Misconduct Payouts |
CQ Briefing Roll Call Washington Corporate Governance (7/6/2020) |
As Black Lives Matter protests march on around the U.S., some investment advisers and asset managers are pushing for more disclosure on so-called judgment allocation bonds issued by cities and governments to fund payouts for settlements of lawsuits against police. |
2020 |
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| Marty Johnson |
Nba Flexes Muscle amid Partisan Attacks |
The Hill (8/28/2020) |
When the Milwaukee Bucks refused to play their playoff game against the Orlando Magic in outrage over the police shooting of Jacob Blake on Wednesday, the NBA already maligned by some as being too political took a giant step to the forefront on one of Americas most pressing social issues. |
2020 |
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Ncua's Harper Calls for Greater Agency, Industry Focus on Racial Justice |
(6/19/2020) |
National Credit Union Administration Board Member Todd M. Harper challenged the industry and his agency to do more to promote economic equality and racial justice amid the aftermath of the death of George Floyd and the protests by the Black Lives Matter movement that followed. |
2020 |
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| Marty Johnson |
New Aclu Report Finds That Police Shootings Have Not Decreased Despite Pandemic |
The Hill (8/19/2020) |
A new report from the American Civil Liberties Union (ACLU) reveals that even though Americans have spent most of 2020 inside their homes social distancing because of the coronavirus pandemic, fatal police shootings haven't stopped or slowed down. |
2020 |
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| Dylan Phillips |
New Technological Trends Are Changing the Legal, Ethical, and Public Policy Implications of Sting Operations |
26 Richmond Journal of Law and Technology Tech. 4 (Summer, 2020) |
It has long been held that a lawyer may not act deceitfully when working on a case by making false statements to the opposing party, especially to a person who has already retained counsel and the lawyer has already made statements directly to the opposing party. However, like all other legal doctrines, there are exceptions to the requirement that... |
2020 |
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News and Notes |
10/2020 The Florida Bar News 22 (10/1/2020) |
Roy L. Weinfeld presented, The End of Florida Moratoriums and Impact of Evictions, Foreclosures and Enforceable Writs, via Zoom webinar. Nicola Larmond-Harvey of Saunders & Walker in Pinellas Park has been appointed by the U.S. Southern District Court to the plaintiffs leadership team in the Zantac Multidistrict Litigation. |
2020 |
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| Tal Axelrod |
Number of Americans Who Disapprove of Trump's Race Relations Rises since February |
The Hill (10/3/2020) |
The number of Americans who disapprove of President Trumps handling of race relations ticked up since February, according to a new survey from the Democracy Fund + UCLA Nationscape Project that was published by USA Today. |
2020 |
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| Jason Rogovich |
Nyc Mayor Lifts Curfew Before Legal Challenges |
2020 CityLand CityLand 1 (6/11/2020) |
Curfew lawsuit filed in Los Angeles, but not necessary in New York City. On June 1, 2020, New York Governor Andrew Cuomo and Mayor Bill de Blasio collectively instituted a citywide curfew following four evenings of protests, which although mostly peaceful, included some instances of chaotic behavior which resulted in vandalism and property damage.... |
2020 |
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| Morgan Gstalter |
Obama Remembers John Lewis: 'I Stood on His Shoulders' |
The Hill (7/18/2020) |
Former President Obama on Saturday morning mourned the death of Rep. John Lewis (D-Ga.), saying he stood on his shoulders about the civil rights icon and longstanding member of Congress. |
2020 |
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| Marty Johnson |
Ocasio-cortez Demands Accountability over Viral Video of Unmarked Nypd 'Snatching' Protester |
The Hill (7/29/2020) |
Rep. Alexandra Ocasio-Cortez (D-N.Y.) lambasted the New York Police Department (NYPD) early on Wednesday after the NYPD late on Tuesday confirmed that it had conducted an arrest of a protester in an unmarked van. |
2020 |
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Ocasio-cortez: Trump Tweet on 75-year-old Protester a 'Reprehensible Act' |
(6/10/2020) |
Rep. Alexandria Ocasio-Cortez (D-N.Y.) on Wednesday denounced President Trump's sharing of an unfounded conspiracy theory that the elderly protester shoved to the ground by police in Buffalo, N.Y., may have been an ANTIFA provocateur |
2020 |
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| Jennifer Ferentz |
Officer Use of Force and the Failure of Oversight of New York City Jails |
47 Fordham Urban Law Journal 1393 (October, 2020) |
Introduction. 1394 I. Excessive Use of Force as an Intractable Problem. 1397 A. Jails and a History of Violence. 1397 B. Judicial Intervention and Federal Monitorship. 1402 C. Nunez v. City of New York and the Nunez Federal Monitorship. 1405 II. Mapping the New York City Jail System. 1407 A. The Department of Correction. 1408 B. New York City... |
2020 |
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| Marty Johnson |
Officers in George Floyd's Death Appear in Court, Motion for Separate Trials |
The Hill (9/11/2020) |
The four former Minneapolis police officers who were involved in the killing of George Floyd at the end of May appeared in the Hennepin County courthouse on Friday for a pretrial hearing, with attorneys on both sides of the case representing multiple motions. |
2020 |
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| Kaelan Deese |
Omar Declares Hypocrisy over Reaction to Far-right Protester Calling for 'Assassinating Democrats' |
The Hill (9/8/2020) |
Rep. Ilhan Omar (D-Minn.) accused the media of hypocrisy after a video showed a right-wing counterprotester in Oregon who called for assassinating Democrats."" |
2020 |
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| Leah M. Litman, Deeva Shah |
On Sexual Harassment in the Judiciary |
115 Northwestern University Law Review 599 (2020) |
Abstract--This Essay examines the legal profession's role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It... |
2020 |
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| Christina Bohannan |
On the 50th Anniversary of Tinker V. Des Moines: Toward a Positive View of Free Speech on College Campuses |
105 Iowa Law Review 2233 (July, 2020) |
ABSTRACT: Fifty years ago, the Tinker case confirmed the free speech rights of students and identified the classroom as peculiarly the marketplace of ideas. Upholding the students' right to protest the Vietnam War, Tinker was one of many Supreme Court decisions to establish the First Amendment as an ally in movements for freedom, justice, and... |
2020 |
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On the Beat |
28No.12 Police Department Disciplinary Bulletin NL 3 (12/1/2020) |
The New York Civil Liberties Union and the Legal Aid Society filed a lawsuit in late October against the New York City Police Department, Mayor Bill de Blasio and Police commissioner Dermont Shea for violating the civil rights of protestors in their response to racial injustice demonstrations this summer in the wake of the death of George Floyd. A... |
2020 |
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| Kathleen Balthrop Havener |
One Hundred Years of Women's Suffrage: Mission Accomplished? |
37No.4 GPSolo GPSolo 9 (July/August, 2020) |
I long to hear that you have declared [independence]--and by the way in the new Code of Laws which I suppose it will be necessary for you to make I desire you would Remember the Ladies, and be more generous and favourable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants... |
2020 |
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| Erin Chlopak |
One of These Things Is Not like the Other: Naacp V. Alabama Is Not a Manual for Powerful, Wealthy Spenders to Pour Unlimited Secret Money into Our Political Process |
69 American University Law Review 1395 (May, 2020) |
In Citizens United, eight of the Supreme Court's nine Justices reaffirmed the Court's earlier decisions holding that election-related transparency laws are constitutional. Those eight Justices agreed that voters have a right to know who is paying for pre-election ads that mention candidates--[e]ven if the ads only pertain to a commercial... |
2020 |
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| Tamar Megiddo |
Online Activism, Digital Domination, and the Rule of Trolls: Mapping and Theorizing Technological Oppression by Governments |
58 Columbia Journal of Transnational Law 394 (2020) |
The internet and social media have revolutionized activism. However, governments seeking to curb opposition have recently learned to target the very same technologies that empowered activists in the first place. This article challenges the accepted framework for discussing such efforts by governments, centered on surveillance and privacy. It... |
2020 |
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| Beau Steenken |
Outlaws, Pirates, Judges: Judicial Activisim as an Expression of Antiauthoritarianism in Anglo-american Culture |
38 Quinnipiac Law Review 259 (2020) |
I. Introduction. 260 II. On Judicial Activism. 268 A. Ever-present Activism. 270 B. Judging the Judges: Normative Treatment of Judicial Activism. 274 1. Negative Views of Judicial Activism. 274 2. Activism Apologists. 276 3. The Middle Ground: Mixed Bags and Bedrudging Realists. 279 C. Converging on Consensus: Defining Judicial Activism. 281 III.... |
2020 |
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| Delaney E. Anderson |
Overbey V. Mayor of Baltimore: the Cost of Silence and the Impact of Restricting Speech in Police Brutality Settlements |
79 Maryland Law Review 1122 (2020) |
Can the government purchase silence from a someone who its agents beat, shocked with a stun gun, and ridiculed? According to Supreme Court precedent and the United States Court of Appeals for the Fourth Circuit, no. In Overbey v. Mayor of Baltimore, the Fourth Circuit answered the important question of whether the government may impose... |
2020 |
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| Dean DeChiaro, CQ Roll Call |
Oversight Committee Asks Ring to Abide by Amazon's Facial Recognition Ban |
CQ Briefing Roll Call Washington Data Privacy (7/9/2020) |
A top Democrat on the House Oversight and Reform Committee wants Ring, the high-tech doorbell company, to abide by the facial recognition technology moratorium announced last month by its parent company, Amazon, in the wake of nationwide protests against police brutality. |
2020 |
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| T. Andrew Brown |
Peaceful Protests--not Riots--bring about Meaningful Change |
92-AUG New York State Bar Journal 18 (August, 2020) |
Shortly after the coronavirus struck, we all thought this was going to be the year of the virus. And so far it has. But the killing of George Floyd on May 25, 2020 has made it equally the year of the protest. Ever since that day, protests have been taking place around the country on a daily basis. Cities big and small have had their protests.... |
2020 |
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| Brooke Seipel |
Pelosi Remembers John Lewis as 'A Titan' Whose 'Bravery Transformed Our Nation' |
The Hill (7/18/2020) |
Speaker Nancy Pelosi (D-Calif.) remembered the late Rep. John Lewis (D-Ga.) on Friday as a titan" whose work in the Civil Rights movement changed the nation." |
2020 |
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| Daniel Rice |
Pinterest Board, Execs Permit Discriminatory Work Culture, Suit Says |
36No.13 Westlaw Journal Corporate Officers & Directors Liability 06 (2020) |
Executives and directors at photo-sharing platform Pinterest Inc. have breached their fiduciary duties by allowing a culture of racial and gender discrimination that contrasts with the company's carefully crafted image, a shareholder alleges in a San Francisco federal court lawsuit. The Employees' Retirement System of Rhode Island says in a... |
2020 |
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| Aaron Kupchik , F. Chris Curran , Benjamin W. Fisher , Samantha L. Viano |
Police Ambassadors: Student-police Interactions in School and Legal Socialization |
54 Law and Society Review 391 (June, 2020) |
The recent influx of police officers into US public schools has reshaped the context and frequency of children's interactions with police. Yet we know little about how the presence of these officers in schools impacts the legal socialization of students, and whether youth of color might be affected or socialized in different ways than white youth.... |
2020 |
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| Ronald J. Coleman |
Police Body Cameras: Go Big or Go Home? |
68 Buffalo Law Review 1353 (December, 2020) |
Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body... |
2020 |
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| Stephen Rushin, Roger Michalski |
Police Funding |
72 Florida Law Review 277 (March, 2020) |
A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct... |
2020 |
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| Ann Fagan Ginger, Louis H. Bell |
Police Misconduct Litigation-plaintiff's Remedies |
15 American Jurisprudence Trials 555 (2020) |
This article takes up the remedies that are available to recover damages or obtain other relief on behalf of a person who has been subjected to mistreatment or deprived of his civil rights by a policeman, sheriff, or other peace officer. Emphasis is given to the relief that can be obtained under the Civil Rights Act (42 USC § 1983 and related... |
2020 |
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| Trevor George Gardner |
Police Violence and the African American Procedural Habitus |
( |
How should an African American respond to a race-based police stop? What approach, disposition, or tactic will minimize his risk within the context of the police stop of being subject to police violence? This Essay advances a conversation among criminal procedural theorists about citizen agency within the field of police-administered criminal... |
2020 |
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| Nandini Kavuri, Esq., Cozen O'Connor |
Politics in the Workplace: More than Just a Headache for Employers |
16No.18 Westlaw Journal Bankruptcy 02 (2020) |
Cozen O'Connor attorney Nandini Kavuri discusses ways that employers can defuse heated political discussions in the workplace without improperly restricting the ability of employees to express themselves. Political discussions in the workplace have become increasingly common. What was once considered a taboo watercooler topic has become one of the... |
2020 |
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| Henry Kenyon, CQ Roll Call |
Portland, Center of Protests, Bans Use of Facial Recognition Tech by Police |
CQ Briefing Roll Call Washington Data Privacy (9/10/2020) |
The Portland City Council passed ordinances banning police and government agencies in the Oregon city, which has been at the center of continual protests over police brutality since the May killing of George Floyd, from using facial recognition technology and barring private companies from implementing it in public spaces. |
2020 |
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| Bernadette Atuahene |
Predatory Cities |
108 California Law Review 107 (February, 2020) |
Between 2011 and 2015, the Wayne County Treasurer completed the property tax foreclosure process for one in four properties in Detroit, Michigan. No other American city has experienced this elevated rate of property tax foreclosures since the Great Depression. Studies reveal that the City of Detroit systematically and illegally inflated the... |
2020 |
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| |
Preliminary Materials |
ASYLUMCLS PREMAT (2020) |
Forty years ago, Congress codified asylum law with the enactment of the Refugee Act of 1980. The interpretation of the definition of a refugee and who qualifies for protection from persecution and torture has evolved ever since. Instead of a celebration of the 40th anniversary of the Refugee Act in 2020, however, the focus has been on attempts to... |
2020 |
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| Lillian K. Glenister |
Preserving Maunakea under International Law: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community |
56 California Western Law Review 399 (Spring, 2020) |
C1-2Table of Contents Summary of Petition. 400 Draft Petition to the Inter-American Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community. 403 Introduction. 403 I. The Petitioners. 406 II. Factual and Procedural Background. 407 A. Significance of Maunakea to Knaka Maoli. 407 B. The TMT Project. 409 C.... |
2020 |
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| Rebecca Klar |
President's Supporters, Opponents Paint Dueling Portraits of 'Donald Trump's America' |
The Hill (8/30/2020) |
Democrats accused President Trump on Sunday of trying to incite violence to benefit his reelection campaign while one of Trumps aides insisted America is a largely peaceful place under his control dismissing the violence as an issue in cities controlled by Democrats. |
2020 |
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| Valena E. Beety |
Pretrial Dismissal in the Interest of Justice: a Response to Covid-19 and Protest Arrests |
11/16/2020 University of Chicago Law Review Online 44 (11/16/2020) |
The most dangerous place to be in America is prison or jail. The coronavirus pandemic, which, when paired with unsanitary and overcrowded incarceration conditions, can transform a few months' sentence into a lifelong health condition or death, compounds the inherent dangers of incarceration in America. Nationally, in fact, jails and prisons are... |
2020 |
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| E. Christopher Johnson, Jr., John H. Stout, Ashley C. Walter |
Profound Change: the Evolution of Esg |
75 Business Lawyer 2567 (Fall, 2020) |
This article has been abstracted from a series of telephone conference discussions among E. Christopher Johnson, Jr., John H. Stout, and Ashley C. Walter, each of whom has chaired committees of the Business Law Section and served as a member of the Council. The discussions focused on the evolution, meaning and critical importance of the ideas,... |
2020 |
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| Stacey Haws Felkner, J.D. |
Proof of Qualified Immunity Defense in 42 U.s.c.a. § 1983 or Bivens Actions Against Law Enforcement Officers |
59 American Jurisprudence Proof of Facts 3d 291 (2020) |
This article addresses the protection afforded by the doctrine of qualified immunity in actions for violation of the plaintiff's constitutional rights brought against state and local police and law enforcement officers under 42 U.S.C.A. § 1983 or actions brought against federal law enforcement officers directly under the Constitution. Qualified... |
2020 |
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| Caleb L. Green, Esq. |
Protecting Protest Art |
28-DEC Nevada Lawyer 11 (December, 2020) |
The death of George Floyd has resulted in a recent international outcry for social and criminal justice reform, sparking a wave of creative protests and artistic expressions. For example, on June 5, 2020, a team of eight artists joined a group of community volunteers to create a street mural with letters 50 feet in length spelling out BLACK LIVES... |
2020 |
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| Frederick Vranizan |
Protecting the Individual Rights of Nfl Players as Private Sector Employees |
18 Seattle Journal for Social Justice 615 (Spring, 2020) |
It is a privilege to be a part of the National Football League--NFL Personal Conduct Policy Some of the subject matter of this article, and its underlying impetus, has been the subject of much debate for the last several years. Spurred by partisan politics and misinformation, the National Anthem debate that started when Colin Kaepernick knelt for... |
2020 |
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| Catherine L. Fisk, Diana S. Reddy |
Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements |
70 Emory Law Journal 63 (2020) |
Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... |
2020 |
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| Amanda Maine, J.D. |
Proxy Season Illustrates Harmful Impact of Proposed Amendments on Shareholder Proposals, Investor Groups Say |
Sec. SEC Today 4642726 (2020) |
By Amanda Maine, J.D. Several investor advocacy groups have sent a letter to the SEC urging it to reject proposed changes to the SEC's shareholder proposal rules. In addition to reiterating earlier objections to the proposal relating to its impact on smaller investors and a lack of substantive economic analysis in the proposing release, the letter... |
2020 |
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Proxy Season Illustrates Harmful Impact of Shareholder Proposal Amendments, Investor Groups Say 32 |
SEC SEC No Action Letters Weekly 4642619 (2020) |
By Amanda Maine, J.D. Several investor advocacy groups have sent a letter to the SEC urging it to reject proposed changes to the SEC's shareholder proposal rules. In addition to reiterating earlier objections to the proposal relating to its impact on smaller investors and a lack of substantive economic analysis in the proposing release, the... |
2020 |
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| Robert Size |
Publishing Fake News for Profit Should Be Prosecuted as Wire Fraud |
60 Santa Clara Law Review 29 (2020) |
This Article argues that publishing fake news online for profit should be prosecuted as wire fraud under 18 U.S.C. § 1343. Fake news publishers compete in the two-sided market for online news. They deceive their readers to profit from advertisers. Neither the readers nor the advertisers are defrauded. The readers are not defrauded because they do... |
2020 |
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