16885 research outputs found
Sort by
The Emergence of the Actively Managed ETF
Get PDFSince the first exchange-traded fund began trading in 1993, the ETF form has attracted enormous investment flows. However, this triumph of the ETF has been overwhelmingly limited to the world of passive investment. Due to a mix of recent market innovation and regulatory change, this state of affairs is changing today. As I explain in this Article, there is much reason to believe that the actively managed ETF is now set to emerge as a significant feature of the investment landscape. And this emergence has important implications for, among others, the main parties that play key roles in protecting investors (namely, the Securities and Exchange Commission as well as investment intermediaries)
Inspectors General and the Law of Oversight Independence
Get PDFPresident Trump’s defiance of basic norms threatened the oversight institutions of American democracy. His brazen assault on the prosecutorial and investigative independence of federal law enforcement was well documented. Yet few have thoroughly scrutinized his violations of the oversight independence of internal institutions that monitor the government to promote integrity, transparency, and accountability. This Article examines the independence of Inspectors General (IGs), the internal watchdogs of the Executive Branch, and the President’s attacks on the institution. President Trump breached long-standing independence norms when he fired or replaced IGs in retaliation for their legitimate exercise of oversight duties. Then, in some cases, he named political appointees as acting IGs, despite clear conflicts of interest. This Article analyzes the constitutionality and policy implications of recent congressional proposals that seek to reinforce IG independence and prevent future abuses of power by codifying norms into law: specifically, proposals to limit the President’s appointment and removal authority, including statutory removal for cause protection and restrictions on acting appointments. Recently, in Seila Law v. Consumer Financial Protection Bureau, the Supreme Court narrowed the grounds for congressional removal protection. However, this Article argues that a constitutional basis exists in the Court’s reframed doctrine for Congress to enact IG removal protection because the President and agency heads are ultimately accountable for acting upon IGs’ investigative findings and recommendations. The Article also considers structural changes to the IG institution—a multimember commission, court-appointed officers, or agency appointees—as alternative forms of protection and applies removal protection to particular cases to evaluate whether it supplies the proper balance between IG independence and accountability. The Article then explains the validity of proposed restrictions on acting IG appointments and offers additional policy recommendations to enhance statutory qualifications for permanent IG appointments. The law of oversight independence reveals the interplay between internal constraints on executive power, the external separation of powers, and the dynamics of presidential accountability in the design of reforms to protect oversight institutions
A Quick Guide to Resilience
Get PDFThe Virginia Coastal Policy Center (VCPC) developed this Guide as a reference for citizens and local governments in Virginia. The Guide also may be used as a resource by local governments as they use the PREP (Planning for Resilience: Evaluation and Prioritization) Tool discussed
American Chemistry Council in Washington, D.C.
No full textThis summer, I will be working with the American Chemistry Council, an industry trade association for American chemical companies. I will be assisting their global team which collaborates internationally to facilitate global chemicals management regulations, achieve sustainable development goals, and advocate on behalf of the American chemistry industry
Dept of Commerce, Office of the Chief Counsel for International Commerce in Washington, D.C.
No full textThis summer, I will provide legal support to the International Trade Administration, part of the Department of Commerce. My work will focus on cutting-edge legal issues related to electronic commerce, digital trade and privacy, anti-corruption, foreign investment, trade facilitation, government procurement, and international standards
Center for Legal Aid and Regional Development in Pristina, Kosovo
No full textThis summer, I will work to provide free legal assistance and counseling to refugees, migrants, and other vulnerable groups. I will also support public campaigns and vocational workshops aimed at improving access to justice and labor market participation for marginalized populations in Kosovo
Seeking a Safe Harbor in a Widening Sea: Unpacking the Schrems Saga and What It Means for Transatlantic Relations and Global Cybersecurity
Get PDFThe Article is structured as follows. Part I examines Schrems I (Schrems v. Data Protection Commissioner) and the fall of the Safe Harbor regime. Part II analyzes Schrems II (Data Protection Commissioner v. Facebook & Max Schrems) along with the rise and fall of Privacy Shield. Part III focuses on opportunities to bridge the data governance divide and present a united front to help ensure a free, open, interoperable, secure, and resilient vision for cyberspace.
This abstract has been adapted from the author\u27s introduction
Ridden with Controversy: Applying the Public Forum Doctrine to Public Transit Advertising
Get PDFThis Note tackles the application of the First Amendment to public transit advertising. Under the current judicial framework, the First Amendment is filtered through the public forum doctrine when discussing the rights of citizens to utilize government property for expressive purposes. The Note will argue that public transit advertising constitutes a designated public forum in most (if not all) cases. That characterization would force any content-based restrictions to be narrowly tailored to serve a compelling government interest. The natural result is a significant expansion of access to public transit advertising by interested parties. If the U.S. Supreme Court were to grant certiorari to resolve the circuit split, as it declined to do in 2016, it should hold that most public transit systems are categorically a designated public forum.
Part I discusses the origins of, and the basic approach to, application of the public forum doctrine. Part II discusses the majority approach of circuit courts, finding that public transit systems are a designated public forum. Part III discusses the minority approach of circuit courts, asserting that public transit systems are a non-public forum. Part IV discusses the government speech doctrine in the context of public transit advertising, including the extent to which it is applicable in that context. Part V discusses the issue of the captive audience and potential avenues to distinguish controversial public transit advertising from other types of offensive content. The Conclusion provides a clear overview of the four-part majority approach and cleanly integrates the major issues of government speech and captivity into the overall analysis.
This abstract has been adapted from the author\u27s introduction
Facing Injustice: How Face Recognition Technology May Increase the Incidence of Misidentifications and Wrongful Convictions
Get PDFPart I of this Article explains how face recognition is used in conjunction with eyewitness identification in the law enforcement context. Part II explores how and why the growing use of face recognition technology may increase, rather than decrease, misidentifications and therefore wrongful convictions. Part III recommends policy changes that should be considered, including some of the reforms to eyewitness identification procedures that have been advanced by others.
This abstract has been adapted from the author\u27s introduction