Rational Investing or Speculative Fever?: SPACs, Robinhood, and Digital Assets—Securities Markets or Casinos?

This article focuses a recurring theme – speculation in the financial markets. The 2010-2020 decade set the stage for a new round of speculative activity starting in 2021. In the article that follows I reflect on a new wave of speculation and three current examples of speculative activity. The article concludes that regulators should be cautious about over-regulation of SPACs and gamified trading. The article also supports the regulation of digital assets (crypto currencies and NFTs) as securities

The Influence of the Spanish Legal System and Socialist Legal Systems on Cuban Civil Law

The essay “The influence of the Spanish legal system and socialist legal systems on Cuban civil law” fulfills an old desire to analyze how the current Cuban civil law has been shaped. The work addresses the influence of the law of the former socialist countries and Spanish law in the configuration of current Cuban civil law

Global Antitrust from the Global South: A Comparative Law Void

This paper discusses the attempts at creating an international antitrust regime from the perspective of the Global South. Today’s diffused competition laws, have arguably muted calls for an international antitrust regime. Given this diffusion, a global regime has indeed emerged. Within such a system, differentiated and selective antitrust enforcements are proposed as ways to achieve national public interest goals

Inadequate Demonstration: EPA’s Latest Effort to Force a Clean Energy Transition on the Power Sector Rests on Technologies That Have Not Been Adequately Demonstrated

The Environmental Protection Agency\u27s (EPA) proposed regulations of power plant carbon emissions under Section 111 of the Clean Air Act, which were proposed in May of 2023, raise a number of concerns. The proposed regulations target a transition in the U.S. power sector towards clean energy, relying heavily on Carbon Capture & Storage (CCS) and green hydrogen technologies to achieve nearly net zero carbon emissions from existing fossil fuel power plants. These technologies, however, do not seem to satisfy the Section 111 requirement that the Best System of Emissions Reduction (BSER) be adequately demonstrated at the scale and for the purposes envisioned by the EPA. The critique highlights a discrepancy between the EPA\u27s proposed New Source Performance Standards and the statutory requirement that the BSER must be technically feasible and cost-effective. Concerns are raised about the potential for these regulations to unconstitutionally coerce state governments and to neglect the economic implications, including the potential rise in electricity costs and the environmental impact of shifting away from coal and natural gas. Additionally, the critique questions the EPA\u27s interpretation of Section 111 as it may extend the agency\u27s authority to significantly alter the American economy in the pursuit of addressing climate change. The warning is of a disorderly transition that might compromise the reliability and affordability of electricity supply, undermining efforts towards a sustainable low-carbon power sector transition

Defining the Relationship Between Municipal Bankruptcy and Modern Federalism Jurisprudence

This article delves into the relationship between municipal bankruptcy law and modern federalism jurisprudence, particularly focusing on Chapter 9 reform proposals and its constitutional implications. Against the backdrop of the COVID-19 pandemic\u27s economic challenges, the article explores the historical context of municipal bankruptcy, critiques of Chapter 9\u27s limitations, and proposals for empowering bankruptcy courts. It analyzes key doctrines of federalism such as the Anti-Commandeering and Anti-Coercion Doctrines, as well as the Clear Statement Rule, to evaluate the constitutionality of expanding bankruptcy courts\u27 powers. The article navigates through scholarly debates, proposing a nuanced perspective on the role of federalism, state sovereignty, and the separation of powers in addressing municipal fiscal crises and the restructuring of local governance

The Spree of Principles and the Abuses of the Balancing Doctrine in Brazil

This article delves into the nuanced distinction between principles and rules in legal discourse, emphasizing their differing grammatical functions. While acknowledging the necessity of principles in legal reasoning, it cautions against their unchecked proliferation, exemplified by the Ellwanger case. The analysis underscores the importance of contextual understanding in discerning between principles and policies, advocating for a philosophical-political reflective approach. It critiques the overreliance on balancing-proportionality as a universal method, warning against its potential for dogmatic reduction and infringement on fundamental rights like freedom of expression. Ultimately, it calls for a balanced, reflective interpretation of principles to mitigate the risks inherent in their misuse