By Daniel Schwarcz. Full text here. In certain regulatory regimes, including those governing banking and corporate law, firms are permitted to choose among multiple competing regulators. This Article examines the desirability of such regulatory competition in the context of property, casualty, and life insurance markets. It analyzes various different approaches to structuring such regulatory competition, including…

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By Sanford Levinson & Jack M. Balkin. Full text here. A constitutional dictatorship is a system (or subsystem) of constitutional government that bestows on a certain individual or institution the right to make binding rules, directives, and decisions and apply them to concrete circumstances unhindered by timely legal checks to their authority. Constitutional dictatorship, far from…

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By Steven L. Schwarcz. Full text here. This Article examines the dilemma of a fiduciary acting for parties who, as among themselves, have conflicting commercial interests—an inquiry fundamentally different from that of the traditional study of conflicts between fiduciaries and their beneficiaries. Existing legal principles do not fully capture this dilemma because agency law focuses primarily…

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By Raymond J. McKoski. Full text here. In order to promote public trust in the independence and impartiality of the judicial system, judges are required to forego a litany of professional and personal behaviors deemed to be inconsistent with the role of the neutral magistrate. For example, codes of judicial conduct prohibit ex parte communications, the…

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By Kathryn Abrams & Hila Keren. Full text here. Law and emotions scholarship has reached a critical moment in its trajectory. It has become a varied and dynamic body of work, mobilizing diverse disciplinary understandings, to analyze the range of emotions that implicate law and legal decisionmaking. Yet mainstream legal academics have often greeted it with…

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By Maisa Jean Frank. Full text here. Jury selection proceeds differently in each state. Though not constitutionally mandated, each jurisdiction allows attorneys to exercise peremptory challenges as part of the process. During the past sixty years, members of the legal profession have consistently called into question the validity of this practice. Supreme Court jurisprudence gives selected…

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By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, and control of their…

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By Timothy M. Sullivan. Full text here. The credit rating agencies remain under intense scrutiny amidst the current financial crisis. Congress is currently considering multiple proposals to alter the federal regime for regulating rating agencies. Meanwhile, large-scale investors such as the California Public Employees Retirement Services (CalPERS) have commenced major litigation to recover losses allegedly suffered…

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