Category: Volume 68, Issue 3

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Elisabeth de Fontenay Volume 68, Issue 3, 445-502 From its inception, the federal securities law regime created and enforced a major divide between public and private capital raising. Firms that chose to “go public” took on substantial disclosure burdens, but in exchange were given the exclusive right to raise capital from the general…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Ji Li Volume 68, Issue 3, 503-540 Foreign direct investment (“FDI”) from emerging economies generally exhibits two distinct characteristics: (1) most of the investors thrive in poor regulatory environments, and (2) the visible hand of the state exerts a powerful influence. Due to these two features, emerging market FDI poses novel questions to…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Odette Lienau Volume 68, Issue 3, 541-608 Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens”collective presentations or beliefs about how markets workwhich are treated as objective descriptions at a particular time and place. This Article argues that such market…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Jaya Ramji-Nogales Volume 68, Issue 3, 609-656 Migration emergencies are a commonplace feature in contemporary headlines. Pundits offer a variety of causes provoking these emergencies. Some highlight the deadly risks of these journeys for the migrants. Many more express alarm at the potential threats these mass influxes pose to their destination countries. But…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Steve Sanders Volume 68, Issue 3, 657-710 To survive rational basis scrutiny under the Equal Protection Clause, a law must serve a governmental purpose which is at least legitimate. It is well established that legitimate purposes can sometimes be found through speculation and conjecturethat is, they may be hypothesizedin order to avoid the difficulties…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Alyssa Yoshida Volume 68, Issue 3, 711-730 With the help of modern technology, people today have more flexibility than ever before in the realm of family planning and conceiving children. An increasing amount of couples are opting to go through in vitro fertilization to create and then freeze embryos for use at a later…