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The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, and Insider Trading Risks
Full text linkThe Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.
Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for early detection and regulation of corporate wrongdoing at an early stage. However, internal reporting typically offers no monetary rewards and can document an employee’s knowledge of corporate misconduct, increasing their risk of violating insider trading laws—particularly under internal insider trading policies that broadly define prohibited trading activities. In contrast, employees’ failure to report—without engaging in wrongdoing themselves— are generally disciplined only in extreme circumstances where obvious red flags exist.
This employees’ dilemma, where internal reporting may place them at a disadvantage in pursuing external whistleblowing and expose them to greater insider trading risks, calls for attention. Striking a balance between encouraging internal reporting and protecting employees’ interests is crucial for companies to effectively detect and prevent corporate wrongdoing, ultimately enhancing the function of compliance programs
Rodrigo\u27s Extra-Credit Assignment, Can Pleading Be Both Plausible and Fair?
No full textCritical race theory has enabled followers to understand some of the twists and turns of racial history and the rise and fall of constitutional values such as equal protection. But does it have anything useful to say about blackletter subjects such as civil procedure?
In the following chronicle, Rodrigo and his straight man, “the Professor,” discuss whether legal storytelling and narrative analysis can counteract one source of unfairness in our procedural system.
Meeting by chance during a routine errand by the Professor, the two discuss Iqbal, Twombly, and the heightened plausibility requirement they impose for filing a complaint in federal court. After reviewing examples from a number of areas, they conclude that carefully framed stories and counterstories can indeed mitigate the impulse to render snap decisions based on incomplete knowledge, thus broadening judges’ and lawyers’ ideas of what is in fact plausible
Intellectual Property or Modern Folklore? The Problem with Open Gaming Licenses in Tabletop Gaming
Full text linkThis Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a case study. Part IV looks at two examples of illustrative license agreements: Wizards of the Coast’s Open Gaming License 1.0 and Paizo’s Open RPG Creative License, discussing possible contracting and licensing issues and the potential for copyright misuse. Part V reviews Wizards of the Coast’s history of legal action against other creators and how this history conflicts with the brand image they project. Last, Part VI proposes that courts find that a publisher commits copyright abuse when it creates licenses that seek to expand the licensor’s control over noncopyrightable elements and subsequently bar any claims of copyright infringement while in effect. Alternatively, courts should find the licenses are unenforceable as contracts because they lack the traditional elements of consideration and notice. Courts and regulatory bodies should respond to these lawsuits with appropriate sanctions for meritless lawsuits and anticompetitive behavior. Last, other players and publishers can promote the use and proper implementation of open licenses that fulfil the promise of “openness
From Starfleet to Space Law: Science Fiction and the Future of Colonization Law
Full text linkAs humanity approaches the threshold of space colonization, legal scholars and policymakers are faced with unprecedented challenges in crafting frameworks that govern off-Earth settlements. This article explores how science fiction—a genre long preoccupied with the social, legal, and ethical dimensions of space habitation—can serve as a vital resource for shaping contemporary space law. Drawing on narratives from the minds of George Lucas, Robert Heinlein, Frank Herbert, and more, this article examines how science fiction anticipates legal dilemmas surrounding sovereignty, privatization, environmental stewardship, and human rights in extraterrestrial contexts. By analyzing these fictional projections, this article argues for a proactive, imaginative approach to space governance that incorporates cautionary tales and visionary possibilities alike, concluding by offering concrete recommendations for integrating science fiction’s insights into the development of future-proof, ethically-robust space policy
E-Waste in Washington: A Looming Threat to Washington\u27s Climate Future and Legal Solutions
Full text linkThis paper explores the escalating issue of electronic waste (e-waste) in Washington State, examining its root causes—including manufacturer practices, consumer behavior, and the lack of strict regulations—and its profound impacts on the environment, human health, and climate change. While Washington State’s 2006 Electronic Product Recycling Law (EPRL) marked an important first step, the current measure is insufficient to address the growing crisis. This paper argues that the true solution to the e-waste crisis requires not only recycling regulations but also addressing the root causes to prevent e-waste before it is created by focusing on extending the lifespans of electronics. This paper calls for urgent legislative reforms focused on extending product lifespans, enforcing the right to repair, and criminalizing planned obsolescence. By implementing strict laws, fostering manufacturers’ accountability, and raising public awareness, Washington can lead the way in minimizing and controlling e-waste and mitigating its wide-ranging harmful effects on society
Shining Light on Solar Equity: Navigating Legal Barriers to Solar Energy for Low-Income Communities in Washington
Full text linkWhile solar energy adoption has been growing rapidly across the United States, access to its benefits remains uneven. In Washington State, low-income households and marginalized communities often face significant barriers to participation in the clean energy transition. These include high upfront installation costs, limited financing options, and legal frameworks that fail to account for renters, multi-family dwellings, and communities without suitable rooftops. Additionally, outdated net metering policies and restrictive utility regulations further limit solar accessibility for those already burdened by energy insecurity. This article investigates the potential of community solar projects—shared solar installations that allow multiple households to subscribe and receive credits on their utility bills—as a tool to bridge this equity gap. By examining current state policies, utility practices, and models from other jurisdictions, this article evaluates how combining community solar initiatives with comprehensive legal reform could pave the way for more inclusive and equitable access to renewable energy in Washington