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From the Great Recession to the COVID-19 Pandemic: A Financial History of the United States 2010-2020: A Comparison of the Government’s Response to the Two Financial Crises that Bookended the 2010 to 2020 Decade
No full textThis Article compares the U.S. government’s responses to the 2008 Financial Crisis and the economic crisis triggered by the COVID‑19 pandemic, examining both legislative action and regulatory intervention. It evaluates how the Dodd‑Frank Act reshaped emergency tools and how Congress and regulators adapted or temporarily suspended those constraints in 2020. The analysis focuses on Section 13(3) Federal Reserve lending, the FDIC’s systemic-risk exception, and the Treasury’s Exchange Stabilization Fund, showing how their roles differed significantly across the two crises. The Article highlights the far larger and more direct pandemic‑era relief directed to households and small businesses, contrasting it with the banking‑focused interventions of 2008. It identifies six key lessons—act quickly, act forcefully, act on multiple fronts, maintain confidence, ensure liquidity, and support the vulnerable—and reflects on the political and moral‑hazard consequences of repeated large‑scale interventions
The Puzzle of Floating Forum Selection Clauses
No full textThis essay examines floating forum selection clauses—provisions linking the litigation forum to a post-contractual fact such as a party’s future principal place of business, an assignee’s location, or a unilateral designation. Categorizing floating clauses into three types, the authors analyze divergent judicial approaches to enforceability and the underlying tension between waiver and submission as theories of consent. They argue that floating clauses expose conceptual inconsistencies in personal jurisdiction doctrine, especially regarding foreseeability and due process, and highlight how courts struggle to reconcile contract principles with constitutional limits
A Safer Direction for Cannabis Banking: A Critical Analysis and Proposal to Improve the SAFER Banking Act
Get PDFAbdicating Judicial Independence: Expanding the State Secrets and Deliberative Process Privileges to Bury National Security Abuses of Civil Liberties
Get PDFAddressing Student Cell Phone Searches Conducted by School Officials in North Carolina: Wilson County Schools Policy 4342
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