Minnesota Law Review

Government Ethics and Bailouts: The Past, Present, and Future

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The Financial Crisis of 2008-2009: Capitalism Didn’t Fail, but the Metaphors Got a “C”

The first panel’s topic within the symposium on the financial meltdown of 2008–2009 is the deliciously broad question: “Did capitalism fail?” I have taken it as an invitation to ponder not the merits and demerits of modern global financial systems, but instead to continue my assessment of how those of us who are not financial [...]

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Who Benefited from the Bailout?

The Troubled Asset Relief Program (TARP) was created to respond to a financial panic. Some might say that it was created in panic. Congress appropriated a huge sum of money, gave the Secretary of the Treasury enormous latitude to spend the money, and provided ambiguous, and, some might say, contradictory direction on the goals and [...]

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Fiduciary-Based Standards for Bailout Contractors: What the Treasury Got Right and Wrong in TARP

Congress authorized the Treasury Department to use outside entities (contractors and financial agents) to implement the TARP bailout program. Treasury embraced this authority, engaging in the wholesale delegation of the administration of TARP to these outsiders. While outsourcing government work is common, one aspect of Treasury’s outsourcing is not: its imposition of fiduciary-based ethics standards [...]

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Compromised Fiduciaries: Conflicts of Interest in Government and Business

In both business and government, we can distinguish between two types of conflicts. One type traditionally and more effectively dealt with by law is a direct conflict, involving self-interest narrowly construed. Two common examples are the government official who is negotiating for a private sector job with an employer with whom he is doing business [...]

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Government Governance and the Need to Reconcile Government Regulation with Board Fiduciary Duties

Corporate governance reforms strive to shore up directors’ roles, not only seeking to ensure that boards have sufficient incentives to engage in effective oversight, but also aiming to ensure that boards are held accountable for their oversight failures. The newest wave of reforms is no exception. The current financial crisis not only ushered in an [...]

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Uncomfortable Embrace: Federal Corporate Ownership in the Midst of the Financial Crisis

The Article traces the terms of the government’s private ownership during the financial crisis, and provides a near-term critique of the government’s corporate ownership experience. It concludes that the government largely achieved its economic and social goals. The government ultimately saved the financial system, stalled a financial panic, and averted a much more significant economic [...]

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Dodd-Frank: Quack Federal Corporate Governance Round II

The question before us is whether Dodd-Frank’s corporate governance provisions, like those of SOX, are mere quackery. Part I of the Article focuses on the problem of quack corporate governance regulation in the abstract. What are the defining characteristics of a quack law? Why would Congress adopt such laws? What are the consequences of such [...]

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Corporate Governance in an Age of Separation of Ownership from Ownership

The shareholder empowerment provisions enacted as part of the recent bailout legislation are internally incoherent because they fail to address the short-termist realities of shareholder ownership today. Ownership has separated from ownership in modern corporate America: individual investors now largely hold stock through mutual funds, pension funds, and hedge funds. The incentives of these short-term [...]

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Note, Insufficient Government Protection: The Inescapable Element in Domestic Violence Asylum Cases

Domestic violence asylum applicants have spent years struggling to demonstrate they are a particular social group within the meaning of refugee statutes and thus worthy of asylum in the United States. Recent statements by the Department of Homeland Security (DHS) and a favorable outcome for the applicant in In re L.R. in December 2010 effectively [...]

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News & Events

  • Minnesota Law Review Alum Remembered 45 Years After Death

    Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]

  • Follow MLR on Twitter!

    The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]

  • Vol. 97 Lead Piece Cited in Al Jazeera Opinion Piece

    A recent Al Jazeera opinion piece that criticizes the Supreme Court’s Daimler decision cites to Volume 97′s lead piece, How Business Fares in the Supreme Court. You can read the Al Jazeera piece here.

  • Masthead for Volume 99 Board

    The masthead for the Board of Volume 99 of the Minnesota Law Review is now available. You can view the masthead here.

  • Above the Law Post Highlights MLR‘s Jump in Journal Rankings

    A recent post on Above the Law highlights the fact that the Minnesota Law Review was ranked 11th in the most recent 2013 edition of the Washington & Lee Law Review Rankings. You can read the post here.

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