Vol. 118 No. 8

Cryptocurrency
Note

BROKER-DEALERS FOR VIRTUAL CURRENCY: REGULATING CRYPTOCURRENCY WALLETS AND EXCHANGES

Dennis Chu *

With the rise of cryptocurrency as a popular investment, cryptocurrency wallets and exchanges have proliferated, offering platforms that allow investors to hold and trade cryptocurrency. Because these platforms hold cryptocurrency on their customers’ behalf, they present problems associated with custody. Namely, how do investors ensure that these platforms do not misuse or mishandle their assets? And how will customer assets be treated if a platform[...]

Corporate law
CLR Online

ADDRESSING THE HARM TO COMMON STOCKHOLDERS IN TRADOS AND NINE SYSTEMS

Adam M. Katz *

Introduction According to the opinions in In re Trados (Trados) and In re Nine Systems (Nine Systems), both cases involved the peculiar corporate law equivalent of a burglary in which nothing was stolen. In Trados, the board of directors—composed mostly of representatives from venture capital (VC) firms holding preferred stock—voted in favor of a $60 million merger […]

Inequality and Exclusion
Essay

CONSTRUCTING CITIZENSHIP: EXCLUSION AND INCLUSION THROUGH THE GOVERNANCE OF BASIC NECESSITIES

K. Sabeel Rahman*

While income inequality has become an increasingly central focus of public policy debate and public law scholarship, systemic inequality and exclusion are produced not just by disparities in income but also by more hidden and pernicious background rules that systematically disadvantage and subordinate certain constituencies. This Essay focuses on a particularly crucial—and often underappreciated—site for the construction and contestation of[...]

Federal Courts
Note

IS THE FALSE CLAIMS ACT’S FIRST-TO-FILE RULE JURISDICTIONAL?

Scott Glass*

The False Claims Act (FCA) is the primary statute used by the federal government to police fraud in government programs. In addition to providing the government with a means to recover civil penalties and treble damages, the FCA also contains a qui tam provision that allows private citizens—called “relators”—to sue on behalf of the United States and obtain a portion of the judgment. To prevent duplicative relator-filed litigation, Congress—as[...]