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This Article develops a construct of judges as gatekeepers in corporate and securities litigation, focusing on the last-period, or settlement stage of the cases. Many accounts of corporate scandals have focused on gatekeepers and the roles they played or, in some cases, abdicated. Corporate...
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Recent developments in multi-district litigations (MDLs) raise interesting and important questions about the responsibilities of lead attorneys and judges. Increasingly, lead attorneys use their control of settlement negotiations to enrich themselves. In a prior article co-authored with...
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I discuss in this article Judge Posner's decision in Kikalos v. United States, 400 F.3d 908 (7th Cir. 2005). I open with the following:I am a Judge Posner fan. My vantage point is tax procedure and tax crimes, areas in which I practice and teach as an adjunct at the University of Houston Law...
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Scientific, statistical, and economic models are often crucial in legal fact-finding. Competing models yielding different inferences may represent the same phenomenon. This article studies the judgment of models in legal fact-finding, in particular where competing models and inferences must be...
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For the third time in the last several decades, policymakers are contemplating an overhaul of mortgage-finance regulations. Despite the considerable attention paid to how ex ante regulations affect the availability of credit and the appropriateness of the mortgage products that lenders offer,...
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