E. Supp. Vol. 57

The Overlooked Daisy Chain Problem in Salman

Abstract: In Salman v. United States, the Supreme Court granted certiorari to resolve a conflict with United States v. Newman as to when corporate insiders receive sufficient personal benefit from making gifts of inside information to make the tip and consequent trade illegal. This Essay explores an overlooked aspect of these cases, the “daisy chain […]

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Decoupling Vaccine Laws

Abstract: School immunization requirements are an effective way of increasing vaccine rates and reducing outbreaks, but they may have a dark underside. Although such mandates protect the general public, the availability of exemptions may be open to exploitation as a tool to try to undermine other avenues for protecting the vaccine-deprived children themselves. This essay […]

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Leap of Faith: Determining the Standard of Faith Needed to Violate the Implied Covenant of Good Faith and Fair Dealing for Delaware Limited Liability Companies

Abstract: Delaware courts have long respected the right to contract in Delaware, and possibly no entity is afforded more privileges to set the boundaries of its corporate form than the Delaware Limited Liability Company. Unlike nearly every other state, Delaware permits LLCs to abolish the duties of care and loyalty in their operating agreements, but […]

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Prisoner Denied Sex Reassignment Surgery: The First Circuit Ignores Medical Consensus in Kosilek v. Spencer

Abstract: On December 16, 2014, in Kosilek v. Spencer, the U.S. Court of Appeals for the First Circuit held that refusing to provide a transgender prisoner sex reassignment surgery did not violate the Eighth Amendment. The court reasoned that the prisoner’s claim did not amount to an Eighth Amendment violation because she received adequate treatment […]

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Implied Class Warfare: Why Rule 23 Needs an Explicit Ascertainability Requirement in the Wake of Byrd v. Aaron’s Inc.

Abstract: On April 16, 2015, in Byrd v. Aaron’s Inc., the U.S. Court of Appeals for the Third Circuit articulated its heightened standard for Rule 23’s implied requirement that a class be ascertainable. This standard has proven to frustrate Rule 23’s historical purpose of providing small-claim plaintiffs a mechanism through which they can economically prosecute […]

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What All the Fuss Isn’t About: The Eighth Circuit’s Misapprehension of APA Purposes in Hawkes Co. v. U.S. Army Corps of Engineers

Abstract: On April 10, 2015, in Hawkes Co. v. U.S. Army Corps of Engineers, the U.S. Court of Appeals for the Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination made pursuant to the Clean Water Act is subject to judicial review as final agency action under the Administrative Procedure Act. Jurisdictional […]

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