A Deliberative Democratic Theory of Precedent
Open PDF in Browser: Glen Staszewski,* A Deliberative Democratic Theory of Precedent Stare decisis is widely regarded as a vital mechanism for promoting the rule of law. Yet high courts can …
Rethinking Kirschner v. J.P. Morgan: How Securities and Banking Laws Should Apply to Syndicated Loans
Introduction Shortly after the financial crash that spiraled into the Great Depression, Congress passed extensive laws governing securities and securities markets.[1] These securities laws protect investors by imposing disclosure requirements …
Afterword: Why “Taming the Megabanks” Should Remain a Top Priority for Financial Regulators and Policymakers
Introduction I would like to express my profound gratitude to Professor Erik Gerding and the editors of the University of Colorado Law Review for organizing and hosting the May 2021 …
The Tailors of Wall Street
The narrative that emerged in the aftermath of the COVID-19 financial crisis has focused on nonbank financial intermediation as the primary vulnerability that plagued financial markets starting in March of 2020 …
The Role of Rival Litigation in Wilmarth’s New Glass-Steagall
Introduction Art Wilmarth quips that he’s like “your crazy uncle.”[1] Rather than an uncle (crazy or otherwise), most scholars of financial regulation think of him as the “father” of banking …
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Who’s Looking Out for the Banks?
When the Gramm-Leach-Bliley Act authorized financial conglomeration in 1999, Professor Arthur Wilmarth, Jr. presciently predicted that diversified financial holding companies would try to exploit their bank subsidiaries by transferring government …
Foreword: Arthur E. Wilmarth, Jr., A Scholar of Uncommon Conviction, Integrity, and Boldness
PDF: Patricia A. McCoy,* Foreword: Arthur E. Wilmarth, Jr., A Scholar of Uncommon Conviction, Integrity, and Boldness The year 1992, when I entered academe, was a paradoxical time to become …
The Failings of the United States Justice System: Lobato v. Taylor and Mexican Community Land Grants
Introduction Life in the San Luis Valley of Colorado’s Sangre de Cristo Mountains is often hard. The Valley is located in Costilla County, one of the poorest counties in the …
Can Nature Tourists Police Themselves? Comparing Eco-Pledges in the United States and Palau
Introduction Anyone who has visited the Pacific island nation of Palau[1] in the last few years has likely seen the in-flight video titled The Giant; it opens with a child …
Fig Leaves, Pipe Dreams, and Myopia: Too-Easy Solutions in Environmental Law
Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating …
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