Washington University Journal of Law & Policy

http://openscholarship.wustl.edu/law_journal_law_policy

List of Papers (Total 787)

Native Advertising in Social Media: Is the FTC’s “Reasonable Consumer” Reasonable?

This note explores native advertising – advertising that has a semblance of editorial content – on social media how the Federal Trade Commission has struggled to address concerns about the ethical implications of the practice. Shirooni argues that the “reasonable consumer” test used by the FTC to determine whether an advertisement is deceptive is both outdated and too broad in...

We Want Wi-Fi: The FCC’s Intervention in Municipal Broadband Networks

This note examines a Sixth Circuit ruling against the Federal Communication Commission which found that North Carolina and Tennessee had the authority to limit expansion of municipal broadband services. Schwarze argues that Tennessee v. FCC greatly interferes with the mission of the FCC to spread communications access and proposes a solution by way of a partnership among state...

From Door to Desk(top): The Portal-to-Portal Act in the Digital Age

This note examines wage and hour litigation in the context of booting up and shutting down computers in call centers and the problem of analogizing physical work to digital work under the Fair Labor Standards Act. Pajda argues that by viewing computers as workplaces rather than tools for the purposes of determining whether booting up and shutting down computers are compensable...

Insider Information and the Limits of Insider Trading

This article, by Professor Yesha Yadav of Vanderbilt Law School, examines modern information flows by which securities are bought and sold and argues that the instantaneous processing of market information by high-frequency trading institutionalizes a group of “structural insiders” who can take advantage of information earlier than those on the outside. Yadav analogizes the...

The Fiduciary Principle of Insider Trading Needs Revision

This article, by former Commissioner of the SEC, Co-Director of the Dennis J. Block Center for the Study of International Business, and Professor at Brooklyn Law School Roberta S. Karmel, argues that the misappropriation doctrine of insider trading law, introduced in Chiarella v. United States, is unsound. Karmel argues that the doctrine has been misapplied to cases where...

Making Up Insider Trading Law As You Go

This article, by Professor Peter J. Henning of the Wayne State University Law School, analyzes the haphazard development of insider trading law in the courts. Henning argues that despite Congressional inaction and little by the way of SEC rulemaking, the judiciary has developed a fairly stable set of rules prohibiting insider trading. Henning argues that Salman v. United States...

The Road Not Taken: A Comparison of the E.U. and U.S. Insider Trading Prohibitions

This article, by Professor Franklin A. Gevurtz of the University of the Pacific’s McGeorge School of Law, explores the divergent approaches between the United States and the European Union with respect to the reach of insider trading laws. Finding that the current scope of E.U. law on insider trading is substantially similar to pre-1980 U.S. Law, Gevurtz compares the outcomes of...

Kokesh Footnote Three Notwithstanding: The Future of the Disgorgement Penalty in SEC Cases

This article, by Professor William D. Warren of UCLA School of Law, analyzes Kokesh v. SEC where the Supreme Court held that disgorgement – a tool used by the SEC to recover ill-gotten gains through the courts – was a penalty rather than a remedy for the purposes of determining the appropriate statute of limitations. Warren contends that Kokesh raises questions about the validity...

Insider Trading and the Myth of Market Confidence

This article, by Professor John P. Anderson of Mississippi College School of Law, challenges the market-confidence justification for insider trading regulations by questioning its sociopsychological impact and assessing empirical evidence. Anderson finds that public perception surrounding insider trading and its effect on the market raises a problem of false consciousness...

Determinate Sentencing and the Rise of Alternative Sanctions: Does Shame Meet the Goals of Sentencing Reform?

This Note analyses the failures of the Sentencing Reform Act in light of high recidivism rates and the shifts many courts and judges are making in alternative sentences intended to publicly shame the offender. In Part I, Landis reviews the history of the parole system and changes under the Sentencing Reform Act, as well as the rise of shaming conditions in the U.S. and the rarity...

Resurgence of the Birthright Citizenship Debate

This Note explores the different conceptions of citizenship, jus solis (the right of birth) and jus sanguinis (the right of blood), and the implications related to current U.S. jurisprudence under the Fourteenth Amendment. In Part I of this Note, Nesler traces the history of the birthright citizenship debate and the opposing arguments. In Part II, the Author addresses the place...

Judge Schermer’s Top Ten Topics to Teach

This Article reviews the top topics under Chapter 11 bankruptcy reorganization Judge Schermer teaches to his law school students. Keating, a co-teacher of Judge Schermer’s for almost 30 years, compiled these topics from years of lecture notes, meetings, and observations of matters that excited Judge Schermer. The Author concludes that such topics under Chapter 11, including...

Mortgages & Mentoring: My Career with Judge Barry S. Schermer

This Article reflects on the lessons learned and taught by one of Judge Barry Schermer’s co-teachers. Woolverton focuses on teaching the fundamentals of Chapter 13 bankruptcy, including confirming a plan, secured claims, and interest charged, and, along with Judge Schermer, has students apply these complicated concepts to hypothetical situations. The Author recognizes Judge...

Judge Barry S. Schermer: A Teacher of Law and of Life

This Article reflects on lessons learned from Judge Barry Schermer from one of his current law clerks. Cohen recalls her experiences with Judge Schermer while a student at Washington University School of Law, and how his teaching styles influenced her to pursue bankruptcy law. The author recounts many of the legal skills emphasized by Judge Schermer’s collaborative and team...

Lessons Learned While Clerking

This Article explores some of the important lessons learned by a former law clerk of Judge Barry Schermer. Clark attributes many of the “soft skills” he learned in his legal career to Judge Schermer, and shares those with younger colleagues. The Author concludes Schermer’s advice on being practical, including delegating tasks and preparing for court, also taught him the...

What Makes a Good Teacher?

This Article explores Judge Barry Schermer’s approach to teaching, both in the courtroom and in the classroom. Going recounts some of his interactions before Schermer during his practice as well as teaching alongside him at Washington University School of Law. The Author narrows on Schermer’s performance as an animated and committed teacher, as well as his kind and approachable...

The Three Giants of Bankruptcy Law in St. Louis

This Article reviews the significant roles three Washing University School of Law alumni had in shaping bankruptcy law—Jay L. Torrey, Walter D. Coles, and Barry Schermer. The Author notes Torrey’s contributions to the very first national permanent bankruptcy statute, Coles’s almost four decades of influence as a referee under the Bankruptcy Act of 1898, and Schermer’s...

How Not to Use the Involuntary Bankruptcy Process

This Article evaluates the issues arising under 11 U.S.C. § 303, which governs involuntary bankruptcies. The Authors being by presenting an overview of commencing an involuntary bankruptcy case, as highlighted by the lengthy litigation inspired by Rosenberg v. DVI Receivable XVII, LLC and its dismissal. The Article concludes that the current state of § 303 can open additional...

Judge Schermer and the Creation of the United States Bankruptcy Appellate Panel for the Eighth Circuit

This Article examines the influence Judge Barry Schermer had on the then-newly created United States Bankruptcy Appellate Panel for the Eighth Circuit. Judge Kressel begins by noting the unique role the Appellate Panel has, as it has concurrent jurisdiction with the district court of appeals from the bankruptcy courts in the circuit, and not all circuits have these panels. The...

The Examiner – Back to the Future

This Article examines the role Judge Barry Schermer played in crafting the role of an examiner under the then-new Bankruptcy Code section 1104(c). Palans revisits Jude Schermer’s appointment of an examiner and the parameters given to that role in In re Apex Oil. The Author concludes Judge Schermer’s authorization to give an examiner a flexible role, empowered in the interest of...

Barry S. Schermer: Lessons in Life and Law

The Article recounts some judicial and life lessons attributed to Judge Barry Schermer. O’Loughlin recounts his initial and subsequent interactions with Judge Schermer in Cape Girardeau, Missouri, and how these moments have shown the Author a bevvy of important things to keep in mind in his practice.

What We Want in a Judge

This Article recognizes the current state of bankruptcy courts and the qualities that make Judge Barry Schermer a quintessential figure in adjudicating these types of cases. Mullin describes important qualities needed in a bankruptcy judge including morality and integrity, as well as versatility and predictability, among others. The Author confirms these qualities in Judge...

Title VII and African American Hair: A Clash of Cultures

This Note discusses the possible motivations behind grooming policies across various industries that disproportionally disfavor African-Americans from adopting natural hairstyles. Dewberry frames the analysis in light of current protections under Title VII case law and other factors of implicit bias. The author suggests that Title VII fails to recognize hair discrimination as...

#NoFilter: The Censorship of Artistic Nudity on Social Media

This Note evaluates the state of artistic expression and prohibitions against obscenity in the age of online social media. Mas traces the trajectory of obscenity laws in the U.S. and the development of social media as a means of both expression and communication around the world. The Note then discusses potential solutions for conflicts that arise from established first amendment...