The Book House
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Federal Reserve's Catch-22: 1 a Legal Analysis of the Federal Reserve's Emergency Powers
~ UNC Jill SCHOOL OF LAW *'/(! 4 --/! ,.%'! " ! ! " *''*1.$%-) %.%*)'1*,&-. $6+-$*',-$%+'1/)! /)% ,.*".$! )&%)#) %))!1*((*)- !*((!) ! %..%*) 5*(-*,.!, 7;:9;8;<= 0%''!. $6+-$*',-$%+'1/)! /)%0*' %-- 5%-*.!%-,*/#$..*2*/"*,",!!) *+!)!--2,*'%)1$*',-$%+!+*-%.*,2.$-!!)!+.! "*,%)'/-%*)%)*,.$,*'%) )&%)#)-.%./.!2)/.$*,%3! ! %.*,*",*'%)1$*',-$%+!+*-%.*,2*,(*,!%)"*,(.%*)+'!-!*).. '1,!+*-%.*,2/)! / The Federal Reserve's Catch-22: 1 A Legal Analysis of the Federal Reserve's Emergency Powers I. INTRODUCTION The federal government's role in the buyout of The Bear Stearns Companies (Bear) by JPMorgan Chase (JPMorgan) will be of lasting significance because it shaped a pivotal moment in the most threatening financial crisis since The Great Depression.2 On March 13, 2008, Bear informed "the Federal Reserve and other government agencies that its liquidity position had significantly deteriorated, and it would have to file for bankruptcy the next day unless alternative sources of funds became available."3 The potential impact of Bear's insolvency to the global financial system4 persuaded officials at the Federal Reserve (the Fed) and the United States Department of the Treasury (Treasury) to take unprecedented regulatory action.5 The response immediately 1. JOSEPH HELLER, CATCH-22 (Laurel 1989). 2. See Turmoil in the Financial Markets: Testimony Before the H. Oversight and Government Reform Comm., llO'h Cong. -- (2008) [hereinafter Greenspan Testimony] (statement of Dr. Alan Greenspan, former Chairman, Federal Reserve Board of Governors) ("We are in the midst of a once-in-a century credit tsunami."); Niall Ferguson, Wall Street Lays Another Egg, VANITY FAIR, Dec. 2008, at 190, available at http://www.vanityfair.com/politics/features/2008/12/banks200812 ("[B]eginning in the summer of 2007, [the global economy] began to self-destruct in what the International Monetary Fund soon acknowledged to be 'the largest financial shock since the Great Depression."'); Jeff Zeleny and Edmund L. -
National Tracking Poll 200766
National Tracking Poll Project: 200766 N Size: 1991 Registered Voters Margin of Error: 2% Topline Report July 17-19, 2020 Question Response Frequency Percentage P1 Now, generally speaking, would you say that things in the country are going in the right direction, or have they pretty seriously gotten off on the wrong track? Right Direction 537 27% Wrong Track 1454 73% P3 Now, thinking about your vote, what would you say is the top set of issues on your mind when you cast your vote for federal offices such as U.S. Senate or Congress? Economic Issues – like taxes, wages, jobs, 635 32% unemployment, and spending Security Issues – like terrorism, foreign policy, and 254 13% border security Health Care Issues – like the 2010 health care law, 394 20% Medicaid, other challenges Seniors Issues – like Medicare and Social Security 295 15% Women’s Issues – like birth control, abortion, and equal 90 5% pay Education Issues – like school standards, class sizes, 116 6% school choice, and student loans Energy Issues – like carbon emissions, cost of 78 4% electricity/gasoline, or renewables Other: 128 6% POL1 Thinking about the November 2020 general election for president, Congress, and statewide offices, how enthusiastic would you say you are in voting in this year’s election? Extremely enthusiastic 852 43% Very enthusiastic 355 18% Somewhat enthusiastic 361 18% Not too enthusiastic 246 12% Not at all enthusiastic 177 9% POL2 Compared to previous elections, are you more or less enthusiastic about voting than usual? More enthusiastic about voting 947 48% About the same 646 32% Less enthusiastic about voting 298 15% Don’t know / No opinion 101 5% Page | 1 Question Response Frequency Percentage POL3 If the election for U.S. -
'Cancel Culture' Doesn't Stifle Debate, but It Does Challenge the Old Order Billy Bragg
'Cancel culture' doesn't stifle debate, but it does challenge the old order Billy Bragg Speech is only free when everyone has a voice – that’s why young people are angry Outside Broadcasting House in London, the BBC has erected a statue to one of its former employees, George Orwell. The author leans forward, hand on hip, as if to make a telling point. Carved into the wall beside him is a quote from the preface of Animal Farm: “If liberty means anything at all, it means the right to tell people what they do not want to hear.” It’s a snappy slogan that fits neatly into a tweet, but whenever I walk past this effigy of the English writer that I most admire, it makes me cringe. Surely the author of Nineteen Eighty-Four would understand that people don’t want to hear that 2+2=5? For Orwell’s quote is not a defence of liberty; it’s a demand for licence, and has become a foundational slogan for those who wilfully misconstrue one for the other. Over the past decade, the right to make inflammatory statements has become a hot button issue for the reactionary right, who have constructed tropes such as political correctness and virtue signalling to enable them to police the limits of social change while portraying themselves as victims of an organised assault on liberty itself. The latest creation in their war against accountability is “cancel culture”, an ill-defined notion that takes in corporate moves to recognise structural racism, the toppling of statues, social media bullying, public shaming and other diverse attempts to challenge the status quo. -
A New #Metoo Result: Rejecting Notions of Romantic Consent with Executives
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 1-2019 A New #MeToo Result: Rejecting Notions of Romantic Consent with Executives Michael Z. Green Texas A & M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Labor and Employment Law Commons Recommended Citation Michael Z. Green, A New #MeToo Result: Rejecting Notions of Romantic Consent with Executives, 23 Emp. Rts. & Emp. Pol'y J. 115 (2019). Available at: https://scholarship.law.tamu.edu/facscholar/1389 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. A NEW #METOO RESULT: REJECTING NOTIONS OF ROMANTIC CONSENT WITH EXECUTIVES BY MICHAEL Z. GREEN* I. INTRODUCTION: #METOO AND THE GROWING DEBATE ON LEGAL CONSENT......................................... ..... 116 II. #METOO AND THE VILE USE OF POWER-DIFFERENTIAL BY EXECUTIVE HARASSERS ........................... ...... 121 III. #METOO BACKLASH AND CLAIMS OF UNCERTAINTY ABOUT WORKPLACE CONSENT ...................................... 126 A. Increasing "Unwelcome" Sexual Harassment Claims as a Result of #MeToo. ........................... ..... 126 B. Resulting Backlash Based on Consent and Unfair Process.......130 C. Dating at Work Being Unnecessarily Regulated........................135 D. Duplicitous Responses Based on Politics ......... ....... 136 E. The Aziz Ansari Experience. .......................... 139 F. Women as the Violators....................... 144 G. Much More Ado Than Should Be Due in the Workplace........... 145 IV. #METoo AND THE BACKBONE TO COME FORWARD DESPITE EXECUTIVE RETALIATION ............................... -
The Rules of #Metoo
University of Chicago Legal Forum Volume 2019 Article 3 2019 The Rules of #MeToo Jessica A. Clarke Follow this and additional works at: https://chicagounbound.uchicago.edu/uclf Part of the Law Commons Recommended Citation Clarke, Jessica A. (2019) "The Rules of #MeToo," University of Chicago Legal Forum: Vol. 2019 , Article 3. Available at: https://chicagounbound.uchicago.edu/uclf/vol2019/iss1/3 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The Rules of #MeToo Jessica A. Clarke† ABSTRACT Two revelations are central to the meaning of the #MeToo movement. First, sexual harassment and assault are ubiquitous. And second, traditional legal procedures have failed to redress these problems. In the absence of effective formal legal pro- cedures, a set of ad hoc processes have emerged for managing claims of sexual har- assment and assault against persons in high-level positions in business, media, and government. This Article sketches out the features of this informal process, in which journalists expose misconduct and employers, voters, audiences, consumers, or professional organizations are called upon to remove the accused from a position of power. Although this process exists largely in the shadow of the law, it has at- tracted criticisms in a legal register. President Trump tapped into a vein of popular backlash against the #MeToo movement in arguing that it is “a very scary time for young men in America” because “somebody could accuse you of something and you’re automatically guilty.” Yet this is not an apt characterization of #MeToo’s paradigm cases. -
1 Antisemitism Rosh Hashanah 5780 September 29, 2019 Rabbi David
Antisemitism Rosh Hashanah 5780 September 29, 2019 Rabbi David Stern Tonight marks my thirty-first High Holidays at Temple Emanu-El, a huge blessing in my life. In thirty-one years of high holiday sermons, you have been very forgiving, and I have addressed a diverse array of topics: from our internal spiritual journeys to Judaism’s call for justice in the world; relationship and forgiveness, immigration and race, prayer and faith, loving Israel and loving our neighbors; birth and death and just about everything in between in this messy, frustrating, promising, profound, sacred realm we call life. Except -- in thirty-one years as a Jewish leader, I have not given a single High Holiday sermon about antisemitism.1 References, allusions, a pointed paragraph here and there, yes. But in three decades of High Holiday sermons spanning the end of the twentieth and the beginning of the twenty-first centuries, not a single one about antisemitism. I’m hoping that doesn’t constitute professional malpractice, but it is strange. So I’ve asked myself why. Reason #1: I had almost no experience of antisemitism growing up. With one limited exception, I never even experienced name-calling, let alone any physical incident. All four of my grandparents were born in America, and our story was the classic trajectory of American Jewish integration and success. 1 Professor Deborah E. Lipstadt makes a compelling argument for this spelling. Lipstadt rejects the hyphen in the more conventional “Anti-Semitism” because it implies that whatever lies to the right of the hyphen exists as an independent entity. -
Yom Kippur Morning Service Sermon – Antisemitism Here and Now As
Yom Kippur Morning Service Sermon – Antisemitism Here and Now As some of you know, I grew up in Spring, Texas a northwestern suburb of Houston. It was not exactly the mecca of Jewish life. I heard the taunts of Jews killed Jesus. I was asked about my horns. I would have to fight every year to be able to take off for Rosh Hashanah and Yom Kippur and not face academic penalties for taking the day. And I would occasionally get into very powerful arguments at football games because I would not stand for a prayer that was offered up at a public high school in the name of a person I did not worship. I had to develop a very thick Jewish skin. This is probably part of the reason why I have made some of the career choices we have made including coming here to Rockland County. Rockland, as I learned in my research, has the largest Jewish population by percentage of any county in the nation. As a result, schools are closed on Rosh Hashanah and Yom Kippur. Black and white cookies are abundant, and there are delis around just about every corner. There was even a local Jewish Day school they could attend, a blessed memory. What more could a parent want for their Jewish children? Perhaps my children, in this multi-cultural society, and in a diversely Jewish county could escape much of the antisemitism I grew up with… Nope. But before we dive into some of the issues of antisemitism in the county, let’s talks about antisemitism in general. -
Be Strong and Resolute, Be Not in Fear Or in Dread of Them (Deut
1 Be strong and resolute, be not in fear or in dread of them (Deut. 31:6) The Rise of AntiSemitism and Resisting the Culture of Fear Rosh Hashana Morning 5780 Rabbi Michael Z. Cahana Seems like the news is always bad these days, right? I know, “did you have to remind me?” But although we may all feel that way, it may not be an exact or accurate reflection of reality. Maybe we chose it. A few years ago, two researchers at McGill University in Montreal set up an experiment to try to understand how people relate to the news1. They found that although subjects usually said they preferred to read “good news” and complained that the media was too focused on “negative stories” those same individuals chose to read and read more fully stories with a “negative tone,” stories of corruption, hypocrisy, etc. They chose them even when they were presented with more positive stories as options. In fact, the study found, those who identified themselves as interested in current affairs and politics were particularly likely to choose to read the bad news. Don’t you feel better now? It’s all your fault! The researchers found this to be confirmation of what is called “negativity bias,” psychologists’ term for our desire to hear and remember bad news. The theory goes that there is an evolutionary basis for this – that we evolved with the need to respond quickly to threats. “Bad news,” in this theory, could be a signal for us to change what we are doing to avoid danger. -
Judaism's Life-Changing Ideas a Weekly Reading of the Jewish Bible
Judaism’s Life-Changing Ideas A Weekly Reading of the Jewish Bible Judaism's Life-Changing Ideas.indd 1 6/8/20 6:29 PM Rabbi Jonathan Sacks JUDAISM’S LIFE-CHANGING IDEAS A Weekly Reading of the Jewish Bible The Phillips Family Edition Maggid Books & OU Press Judaism's Life-Changing Ideas.indd 3 6/8/20 6:29 PM The Phillips family are delighted to support the work of Rabbi Sacks. תשרי תשפ"א ,London, September 2020 Judaism's Life-Changing Ideas.indd 5 6/8/20 6:29 PM Contents Foreword: The Secret of Our Staying Power / Bari Weiss xiii Introduction: The Transformative Power of Ideas xvii Genesis Bereshit The Faith of God 3 Noaĥ The Trace of God 9 Lekh Lekha Inner-Directedness 13 Vayera The Space Between Us 17 Ĥayei Sara The World’s Oldest Man 21 Toledot Why Isaac? Why Jacob? 25 Vayetzeh Out of the Depths 31 Vayishlaĥ The Struggle of Faith 35 Vayeshev Improbable Endings and the Defeat of Despair 39 vii Judaism's Life-Changing Ideas.indd 7 6/8/20 6:29 PM Miketz Jews and Economics 45 Vayigash The First Psychotherapist 51 Vayeĥi What It Takes to Forgive 57 Exodus Shemot God Loves Those Who Argue 65 Va’era Free Will – Use It or Lose It 71 Bo The Story We Tell 77 Beshallaĥ The Longer, Shorter Road 81 Yitro The Bond of Loyalty and Love 85 Mishpatim The Power of Empathy 91 Teruma Why We Value What We Make 97 Tetzaveh Crushed for the Light 103 Ki Tissa Anger – Its Uses and Abuses 107 Vayak’hel Beyond the Self 113 Pekudei Making Space 119 viii Judaism's Life-Changing Ideas.indd 8 6/8/20 6:29 PM Leviticus Vayikra The Call 127 Tzav Giving Thanks 133 Shemini -
Penn Law: Legal Scholarship Repository #Wetoo
University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 4-29-2021 #WeToo Kimberly Kessler Ferzan University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Criminal Procedure Commons, Domestic and Intimate Partner Violence Commons, Evidence Commons, Gender and Sexuality Commons, and the Law and Gender Commons Repository Citation Ferzan, Kimberly Kessler, "#WeToo" (2021). Faculty Scholarship at Penn Law. 2332. https://scholarship.law.upenn.edu/faculty_scholarship/2332 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. Comments Welcome. Do not cite or quote without permission. #WeToo Kimberly Kessler Ferzan The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in numbers. The allegations were not by a “me,” but far more frequently by a “we.” The #MeToo movement is the success of #WeToo. -
Fordham Journal of Corporate & Financial
Fordham Journal of Corporate & Financial Law Volume 11 Issue 4 Article 3 2006 Does the Law Encourage Unethical Conduct in the Securities Industry? Di Lorenzo Vincent Follow this and additional works at: https://ir.lawnet.fordham.edu/jcfl Part of the Banking and Finance Law Commons, and the Business Organizations Law Commons Recommended Citation Di Lorenzo Vincent, Does the Law Encourage Unethical Conduct in the Securities Industry?, 11 Fordham J. Corp. & Fin. L. 765 (2006). Available at: https://ir.lawnet.fordham.edu/jcfl/vol11/iss4/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Journal of Corporate & Financial Law by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. DOES THE LAW ENCOURAGE UNETHICAL CONDUCT IN THE SECURITIES INDUSTRY? Vincent Di Lorenzo* A 2002 Citigroup Inc. memo, released as part of a Florida lawsuit, shows that the bank's own analysts were reluctant to publish less- biased research over concerns of a backlash from its investment bankers. John Hoffmann, the former head of equity research at Citigroup's Salomon Smith Barney unit, wrote in March 2002 that the firm's analysts were considering an increase in the number of "negative" ratings on stocks. In the same memo to Michael Carpenter, then head of Citigroup's corporate and investment bank, Hoffmann said doing so would threaten more than $16 billion in fees and risk putting the firm at a disadvantage. -
Letter Received in Response to Appeals Court Decision
[email protected] June 28, 2005 (202) 887-3746 (202) 530-9653 VIA E-MAIL Mr. Jonathan G. Katz Secretary Securities and Exchange Commission 100 Fifth Street, N.E. Washington, DC 20549 Re: Investment Company Governance Rule; File No. S7-03-04 Dear Mr. Katz: I am enclosing the following materials for inclusion in the rulemaking record in advance of the June 29 Open Meeting concerning the above-titled proceeding: • A June 21, 2005 article from Bloomberg.com, titled “SEC Must Reconsider Fund Governance Rule, Court Says”; • An email from C. Meyrick Payne of Management Practice Inc.; • A June 23, 2005 article from the Wall Street Journal, titled “Donaldson's Last Stand”; • A June 23, 2005 article from CBS MarketWatch, titled “Business group urges SEC to hold off fund vote”; • A letter from the Honorable Harvey L. Pitt to the Commission; • A June 24, 2005 article from Dow Jones Newswire, titled “Republican Senators Urge SEC to Defer Action on Fund Rule”; • A June 24, 2005 article from the Washington Post, titled “National Briefing: Regulation”; • A June 24, 2005 article from Bloomberg.com; • A June 25 New York Times article, titled “Ex-Officials Urge S.E.C. to Postpone a Vote”; • A June 28, 2005 New York Times article, titled “S.E.C. Chief Defends Timing of Fund Vote”; • A June 28, 2005 Wall Street Journal article, titled “Donaldson's Finale Draws Uproar”; and • A PDF of a letter from eight United States Senators to the Commission. Very truly yours, Cory J. Skolnick Enclosures cc: Hon. William H. Donaldson, Chairman, SEC (via hand delivery w/ enclosures) Hon.