Arbitration Revisited: Preemption of California’s Unconscionability Doctrine after Concepcion

This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the question of whether an arbitration agreement, made pursuant to the Federal Arbitration Act, preempts state unconscionability doctrine which would render that agreement unenforceable. The Author argues that holding that federal law implementing a policy favoring arbitration fully preempts state law doctrines from preventing the enforcement of arbitration agreements

Bringing Candor to Charitable Solicitations

The American public donates a staggering amount of money to nonprofit charities. These charities routinely solicit and receive money from donors for specific, earmarked purposes. Often, however, charities ignore their obligations to use money for these designated uses. In many circumstances, even a seemingly benign redirection of earmarked gifts for other charitable purposes could constitute fraud and misrepresentation. Breaking the implicit or explicit promise to use money in a designated manner harms donors, charities, and the public. Prospective donors assess the value of charitable donations in a manner similar to the way they value consumer goods and services and can be swayed by false claims. Accordingly, allowing distortions of perceived value misleads donors when they are directing their charity. In light of detailed examinations of charitable-organization spending practices, this Article will propose that charities should adhere to a new, higher level of candor in their public communications. Maintaining a renewed, scrupulous approach to disclosure would, in Chief Justice John Marshall’s parlance in Trustees of Dartmouth College v. Woodward, ensure “that the charity will flow . . . in the channel” that the donors expressly choose

Easton supported Jensen coding and projective measure without projective Baire

We prove that it is consistent relative to a Mahlo cardinal that all sets of reals definable from countable sequences of ordinals are Lebesgue measurable, but at the same time, there is a $\Delta^1_3$ set without the Baire property. To this end, we introduce a notion of stratified forcing and stratified extension and prove an iteration theorem for these classes of forcings. Moreover we introduce a variant of Shelah's amalgamation technique that preserves stratification. The complexity of the set which provides a counterexample to the Baire property is optimal.Comment: 142 page

The Relativized Second Eigenvalue Conjecture of Alon

We prove a relativization of the Alon Second Eigenvalue Conjecture for all $d$-regular base graphs, $B$, with $d\ge 3$: for any $\epsilon>0$, we show that a random covering map of degree $n$ to $B$ has a new eigenvalue greater than $2\sqrt{d-1}+\epsilon$ in absolute value with probability $O(1/n)$. Furthermore, if $B$ is a Ramanujan graph, we show that this probability is proportional to $n^{-{\eta_{\rm \,fund}}(B)}$, where ${\eta_{\rm \,fund}}(B)$ is an integer depending on $B$, which can be computed by a finite algorithm for any fixed $B$. For any $d$-regular graph, $B$, ${\eta_{\rm \,fund}}(B)$ is greater than $\sqrt{d-1}$. Our proof introduces a number of ideas that simplify and strengthen the methods of Friedman's proof of the original conjecture of Alon. The most significant new idea is that of a ``certified trace,'' which is not only greatly simplifies our trace methods, but is the reason we can obtain the $n^{-{\eta_{\rm \,fund}}(B)}$ estimate above. This estimate represents an improvement over Friedman's results of the original Alon conjecture for random $d$-regular graphs, for certain values of $d$