Yearly Archives: 2012

Article: Ebbing the Tide of Local Bank Concentration: Granting Sole Authority to the Department of Justice to Review the Competitive Effects of Bank Mergers

Take a trip back: the year is 1991, and First Hawaiian, Inc., Honolulu, Hawaii (“Applicant”) has applied for Federal Reserve Board (“Fed”) approval to acquire First Interstate of Hawaii, Inc.,… Read more »

Article: Sacrificing Functionality for Transparency? The Regulation of Swap Agreements in the Wake of the Financial Crisis

Once the sole province of chief executive officers and hedge fund managers, swap agreements (or “swaps”), most notably credit default swaps,[1] came to the forefront of politicians’ and regulators’ minds… Read more »

Article: Financing Innovation: Branding, Monitoring, and Uncertainty

A recent breakthrough in contract theory identified the practice of braiding, in which parties weave informal and formal elements of contract together to overcome uncertainty.  These contracts are especially prevalent… Read more »

Note: It’s Not Popular but it Sure is Right: The (In)admissibility of Statements Made Pursuant to Sexual Offender Treatment Programs

Sex offenders are not a sympathetic bunch.  Throughout American history, society has imposed on sexual offenders a variety of punishments, from incarceration[1] to castration.[2]  In recent years, in response to… Read more »

Article: The Influence of International Human Trafficking on United States Prostitution Laws: The Case of Expungement Laws

When the issue of human trafficking first gained widespread public attention in the United States in the 1990s, the discussion centered on international human trafficking.  In 2000, the United States… Read more »

Article: The Limits of International Law: Efforts to Enforce Rulings of the International Court of Justice in U.S. Death Penality Cases

Since the Supreme Court reinstated the death penalty in 1976,[1] the United States has executed twenty-eight foreign nationals from fifteen different countries.[2]  Most of those foreign nationals were never informed… Read more »

Note: Green Technology: An Alternative Path to Accelerated Patent Examination

In the last quarter century, a particular problem facing humanity has become increasingly clear to innovators around the world: the consumption of immense quantities of natural resources of limited and… Read more »