Digital Securities Law:Statutes and Regulations Fall 2009 Edition A collection of statutes, regulations, and forms for use in securities law classes. For more details about this project and how to use the materials, check out http://www.unl.edu/bradford/Digital%20Statute%20Book.html.

Materials on the regulation of securities broker-dealers.

This is an interview role simulation exercise. Its primary goal is to teach empathy for the client. The subject matter invovlves an applicant for the bar examination who was disciplined by delaying her examination for her attempt to wrongfully influence the bar examiners in her application review. The problem includes: Teacher’s Guide (courses in which the simulation might be used, sample lesson plan for using the problem, research supporting the use of this type of problem for teaching empathy); Instructions for Attorney; Instructions for Client (along with copy of Client’s E-mail to Bar Examiner and copy of Client’s Bar Application); Research Memo: The Americans with Disabilities Act & Bar Admission Case on which the problem is based (In Re Heart).

by R. H. Helmholz. Using contemporary evidence from English and Continental legal works, this article contends that Bonham's Case actually rested upon then commonly accepted principles of the law of nature, and that those principles stopped short of embracing judicial review in the modern sense. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/5/9

by Edward L. Glaeser, Cass R. Sunstein. We argue that people are better seen as Credulous Bayesians, who insufficiently adjust for idiosyncratic features of particular environments and put excessive weight on the statements of others in situations of (1) common sources of information; (2) highly unrepresentative group membership; (3) statements that are made to obtain approval; and (4) statements that are designed to manipulate. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/10

by Melvin A. Eisenberg. Three fundamental concepts underlie the principles that should govern unexpected-circumstances cases. (1) A contract consists not only of the writing in which it is partly embodied, but also includes, among other things, certain kinds of tacit assumptions. (2) These assumptions may be either event-centered or magnitude-centered. (3) The problems presented by unexpected-circumstances cases should be viewed in significant part through a remedial lens. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/12/31.

by Jonathan R. Macey, Geoffrey P. Miller. This article proposes a simple and coherent approach to judicial review of class action settlements. Specifically, we propose that for questions going to the adequacy of a settlement, where no warning signals of fraud or collusion are found, the court should act relatively deferentially by employing a lenient standard of scrutiny and approving a settlement if it has a rational basis. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/6/25

by James Q. Whitman. The Article makes the case that pre-conviction of the Continental kind is normatively superior. It then asks why American law has opted for what seems a normatively inferior solution, identifying a variety of factors in American culture and the common law tradition that have encouraged the belief that true equality lies in the equal threat of punishment rather than in the equal threat of prosecution. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/8/26

Stephen J. Choi, G. Mitu Gulati, Eric A. Posner. The Journal of Legal Analysis, Vol 1, No 1 (2009). An empirical study of the high court judges of the fifty states provides little evidence that raising salaries would improve judicial performance. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/3/28

by Adrian Vermeule. The Journal of Legal Analysis, Vol 1, No 1 (2009). Many-minds arguments claim that in some way or another, groups of decision-makers tend to make better decisions than individuals. This essay identifies five general and recurring problems with such arguments. Main URL: https://ojs.hup.harvard.edu/index.php/jla/article/view/7/11

Powerpoint showing the usefulness of RSS feeds and blogs to law students and lawyers

A powerpoint presentation for newbies, teaching basic information about using LexisNexis and Westlaw, including similarities and differences, tips for use, and other online resources that may be better for some tasks.