American University Business Law Review


Vol. 2, No. 2, 2013

Fiddling on the Roof: Recent Developments in Cybersecurity
INTRODUCTION[Y]ou might say every one of us is a fiddler on the roof trying to scratch out a pleasant, simple tune without breaking his neck. -Fiddler on the Roof 1For today's CEOs and corporate boards of directors, trying to capture the benefits of...
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Reliance on Experts from a Corporate Law Perspective
In discharging their duty of care, directors of corporations are not expected to independently investigate all parameters affecting a decision they are about to make. In fact, statutory provisions encourage or sometimes require directors to seek the...
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Petitioning for Cash: How Domestic Industries Exploit Antidumping Procedures and Antitrust Exceptions to Force Their Foreign Competitors into Lucrative Settlement Agreements
The United States' international trade laws strictly enforce antidumping ("AD") rules, and its antitrust laws effectively oversee private settlement agreements. However, these two distinct, yet related, areas of law both fail to adequately address the...
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Ignoring the Technicality's Temptation: Interpreting the Citizenship of a Foreign Official under the Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act ("FCPA") prohibits bribing "foreign officials," but it does not define the word "foreign" or give any guidance to what citizenship the official must have to fall under the FCPA. Adding to the difficulty when defining...
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The Poli-Intel Industry: Considering the Common Law's Application in Insider Trading under the Stock Act
President Barack Obama signed the Stop Trading on Congressional Knowledge Act ("STOCK Act") into law on April 4, 2012. Congressional silence on the STOCK Act's purview over the political intelligence industry and the lack of guidance from the Securities...
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Vol. 2, No. 1, 2012

Choose Your Own Master: Social Enterprise, Certifications, and Benefit Corporation Statutes
In the wake of the most recent financial crisis, interest in social enterprise has increased exponentially. Disillusioned with the perceived shareholder wealth focus of corporate law, entrepreneurs, investors, customers, and governments have become more...
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The Next Big Thing: Flexible Purpose Corporations
INTRODUCTIONOver the past few years, jurisdictions across the country have enacted specialized organizational forms to house social enterprises. Social enterprises are entities dedicated to a blended mission of earning profits for owners and promoting...
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Putting New Sheets on a Procrustean Bed: How Benefit Corporations Address Fiduciary Duties, the Dangers Created, and Suggestions for Change
INTRODUCTIONIn Greek myth, Procrustes, a bandit son of Poseidon, had a one-size-fitsall iron bed on which he invited passers-by to spend the night.1 Once his guests were asleep, he used his ironsmith?'s hammer to stretch them to fit the bed. If a guest...
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L3cs: An Innovative Choice for Urban Entrepreneurs and Urban Revitalization
INTRODUCTIONSocial enterprises offer fresh ways of addressing seemingly intractable social problems, such as high levels of unemployment and poverty in economically distressed urban areas in the United States. Indeed, although social enterprises have...
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Can't See the Forest for the Trees: Where Does a Purchase or Sale of Securities Occur?
INTRODUCTIONWhether Justice Scalia chopped down the "judicial oak which ha[d] grown from little more than a legislative acorn"1 or cleared an entire forest of "botanically distinct tree[s]"2 when he created the transactional test in Morrison v. National...
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Is Judge Rakoff Asking for Too Much? the New Standard for Consent Judgment Settlements with the Sec
In SEC v. Citigroup Global Markets, Inc., Judge Rakoff rejected a $285 million settlement between the Securities and Exchange Commission ("SEC" or "Commission") and Citigroup. The complaint alleged that Citigroup failed to disclose its role in the selection...
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Forward-Looking Improvements to Licensing the Next Generation of Nuclear Reactors
Nuclear regulation has faced a variety of challenges since the Atomic Energy Commission first introduced the procedure of two-step licensing, in which construction and operational licenses are issued separately to nuclear reactor developers. Since 1974,...
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