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Veil Peeking: The Corporation as a Nexus for Regulation

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Legal and economic scholarship views the provision of asset partitioning (the separation between the assets of the corporation and its shareholders) as the essential economic role of corporate personality. This Article contends that this view is incomplete. First, it identifies the provision of regulatory partitioning (the separation between the legal spheres of the corporation and its shareholders for purposes of the imputation of legal rights and duties) as another fundamental function of the corporate form. Second, it shows that regulatory partitioning is not absolute. In various areas of law and for different purposes, the law “peeks” behind the corporate veil to ascribe legal rights or duties of shareholders to the corporation.

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Retributive Expungement

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Expungement relief was introduced in the mid-twentieth century to reward and incentivize rehabilitation for arrestees and ex-offenders and...

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The Misunderstood Eleventh Amendment

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The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the...

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When Play Becomes Work: Child Labor Laws in the era of “Kidfluencers”

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In the past few years, “kidfluencers,” or children with large social media followings, have been integral to the rise of an “$8-billion social media advertising industry. The most successful kidfluencers make up to “$26 million in a year by posting sponsored content and monetizing ad space on their social media pages. Because kidfluencers have no legal right to these earnings or safe working conditions, the risk of exploitation is extreme and immediate. Still, the issue is nuanced because parents significantly control the production of their children’s online content, and states are limited in how much they may regulate a parent’s decisions in raising their child.

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Outrageous Government (Mis)Conduct: Due Process as a Defense in Paid-Sex Sting Operations

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After paying for sex, the man was not charged with prostitution or solicitation: in fact, he was not charged at all. On the contrary,...

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Supreme Stalemates: Chalices, Jack-O’-Lanterns, and Other State High Court Tiebreakers

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High courts + high stakes = high drama. But not always. As the Supreme Court’s 2015 Term showed, some bombshell cases fizzle rather than...

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Heir Hunting

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For more than 150 years, companies called “heir hunters” have operated in the shadows of the court system. Heir hunters monitor probate filings to identify intestate decedents who have missing or unknown relatives. They then perform genealogical research, locate the decedent’s kin, and offer to inform them about their inheritance rights in exchange for a share of the property. States are sharply divided about whether to enforce contracts between heir hunters and heirs. This discord stems from the fact that we know virtually nothing about heir hunting.

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The Trump Administration: Immigration, Racism, and COVID-19

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Two of the most important issues defining the Trump Administration were the President’s response to the COVID-19 pandemic and the...

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High Tech Monopolies: Cutting the Gordian Knot With No-fault

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Nascent Competitors and Antitrust Enforcement Regulation and Digital Platforms (“Digital Platforms”) are excellent articles. Both raise...

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