Denying Secured Creditors the Right to Credit Bid in Chapter 11 Cases and the Risk of Undervaluation

by charlebois | Apr 3, 2014 | Volume 63, Volume 63, Issue 2

Alan N. Resnick Volume 63, Issue 2, 323-360 The Bankruptcy Code has reached a delicate balance between protecting the rights of secured creditors and providing financially troubled companies with flexibility in reorganizing their businesses. One protection that has...

Tax Deductions for Charitable Contributions: Domestic Activities, Foreign Activities, or None of the Above

by charlebois | Apr 3, 2014 | Volume 63, Volume 63, Issue 2

Eric M. Zolt Volume 63, Issue 2, 361-410 Warren Buffett, Bill Gates, and sixty-seven other billionaires have pledged to give a majority of their wealth for charitable purposes. The total dollar amount of potential funding for charitable activities is staggering. So is...

Guilty by Proxy: Expanding the Boundaries of Responsibility in the Face of Corporate Crime

by charlebois | Apr 3, 2014 | Volume 63, Volume 63, Issue 2

Amy J. Sepinwall Volume 63, Issue 2, 411-454 The BP oil spill and financial crisis share in common more than just profound tragedy and massive clean-up costs. In both cases, governmental commissions have revealed widespread wrongdoing by individuals and the entities...

Advising Terrorism: Material Support, Safe Harbors, and Freedom of Speech

by charlebois | Apr 3, 2014 | Volume 63, Volume 63, Issue 2

Peter Margulies Volume 63, Issue 2, 455-520 Ever since Brandenburg v. Ohio, departures from content neutrality under the First Amendment have received strict scrutiny. However, in Holder v. Humanitarian Law Project (“HLP”), the Supreme Court decided that the perils of...

Protected by Association? The Supreme Court’s Incomplete Approach to Defining the Scope of the Third-Party Retaliation Doctrine

by charlebois | Apr 3, 2014 | Volume 63, Volume 63, Issue 2

Jessica K. Fink Volume 63, Issue 2, 521-566 For decades, courts have struggled with how to treat claims of “third-party retaliation”—situations where one employee engages in some protected activity for purposes of Title VII but where the employer retaliates not...

Note – Playing Hot Potato in the Market: The Ninth Circuit’s Better Approach to Calculating Loss for Securities Fraud Sentencing

by charlebois | Apr 3, 2014 | Volume 63, Volume 63, Issue 2

Erica Connolly Volume 63, Issue 2, 567-594 In United States v. Berger, the Court of Appeals for the Ninth Circuit departed from the Second and Fifth Circuits regarding the standard required to determine loss for securities fraud under the Federal Sentencing...