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Substitutes for insider trading.(legality of trading in stock substitutes)
November 1, 2001... INTRODUCTION
The securities laws clearly prohibit an executive from using nonpublic information about her company to profit from trades in the securities of that company. But suppose the executive uses the same nonpublic information to...
Apprendi and plea bargaining.(response to Stephanos Bibas, Yale Law Journal, vol. 110, p. 1097, 2001)
November 1, 2001... In his article Judicial Fact-Finding and Sentence Enhancements in a World of Guilty Pleas, (1) Professor Stephanos Bibas advances an arresting thesis. He argues that the Court's recent decision in Apprendi v. New Jersey (2) backfires as an...
Apprendi and the dynamics of guilty pleas.(Apprendi v. New Jersey)(response to Nancy J. King and Susan R. Klein, Stanford Law Review, vol. 54, p. 295, 2001)
November 1, 2001... Professors Nancy King and Susan Klein devote most of their Commentary to a single subsection of my recent article. (1) My entire article argued that Apprendi v. New Jersey (2) exemplified criminal procedure's misguided focus on jury trials at...
Keeping the Constitution's promise: an argument for greater judicial scrutiny of federal alienage classifications.
November 1, 2001... Aliens... domiciled within our country by its consent, are entitled to all the guaranties for the protection of their persons and property which are secured to native-born citizens.... Arbitrary and despotic power can no more be exercised over...
Punishing words: an analysis of the necessity of the element of causation in prosecutions for incitement to genocide.
November 1, 2001... If we can create a new legal order in which there are no safe havens for those who committed human rights violations, we will have breathed new life into the Universal Declaration of Human Rights and new hope for world peace. I believe this...