Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Pump the Brakes: What Financial Regulators Should Consider in Trying to Prevent a Subprime Auto Loan Bubble
The possibility of a subprime auto finance bubble gives financial regulators an opportunity to navigate a burgeoning crisis in real time. Lessons learned from the 2008 financial crisis and the implementation of the Dodd-Frank Act prompt the question whether financial regulators should adopt an ability-to-repay rule for auto lending similar to the Consumer Financial Protection…
Applying the SEC Custody Rule to Cryptocurrency Hedge Fund Managers
In the wake of the Bernard Madoff Ponzi scheme, the Securities and Exchange Commission (SEC) adjusted its rules to prevent future fraud. Despite blindsiding the SEC and many in the financial industry, the culprit was all too familiar: a bad adviser fleecing his trusting clients. The problem goes back millennia. In 1754 B.C…
Wage Theft in Lawless Courts
Low-wage workers experience wage theft—that is, employers’ failure to pay earned wages—at alarmingly high rates. Indeed, the number of wage and hour cases filed in federal and state courts and administrative agencies steadily increases every year. While much of the scholarly assessment of wage and hour litigation focuses on large collective and class actions involving…
Americans, Almost and Forgotten
There are millions of Americans who are systematically forgotten and mistreated by our government. They have been described by the Supreme Court as “alien races” and “utterly unfit for American citizenship,” but they continue to fight and die defending our Constitution. They survive catastrophic storms, but do not receive the assistance that is freely given…
The New Food Safety
A safe food supply is essential for a healthy society. Our food system is replete with different types of risk, yet food safety is often narrowly understood as encompassing only foodborne illness and other risks related directly to food ingestion. This Article argues for a more comprehensive definition of food safety, one that includes not…
Is There a First-Drafter Advantage in M&A?
Does the party that provides the first draft of a merger agreement get better terms as a result? There is considerable lore among transactional lawyers on this question, yet it has never been examined empirically. In this Article, we develop a novel dataset of drafting practices in large M&A transactions involving US public-company targets. First…