Articles

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Diversifying Clearinghouse Ownership in Order to Safeguard Free and Open Access to the Derivatives Clearing Market, 17 Fordham Journal of Corporate and Financial Law (2012)

Implementing the rigorous governance and ownership standards established in the Dodd-Frank Wall Street Reform and...

 

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The Extraterritorial Provisions of the Dodd-Frank Act Protects U.S. Taxpayers from Worldwide Bailouts, 80 UMKC Law Review (2012)

The significant extraterritorial scope of the derivatives regulation within the Dodd-Frank Wall Street Reform and...

 

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Overwhelming a Financial Regulatory Black Hole with Legislative Sunlight: Dodd-Frank’s Attack on Systemic Economic Destabilization Caused by an Unregulated Multi-Trillion Dollar Derivatives Market, 6 Journal of Business & Technology Law 125 (2011)

It is now accepted wisdom that it was the non-transparent, poorly capitalized and almost wholly...

 

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Out of the Black Hole: Reining in the Reckless Market in Over-the-Counter Derivatives, The American Prospect (2010)

The recent financial crisis was caused in large part by the opaque and unregulated over-the-counter...

 

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Governance and Biosecurity: Strengthening Security and Oversight of the Nation's Biological Agent Laboratories (with Talley Kovacs and Marita Mike), 12 DePaul Journal of Health Care Law (2010)

Since the advent of the Anthrax attacks in the fall of 2001, the United States...

 

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You Ain't Seen Nothin' Yet: The Inevitable Post-Hamdan Conflict Between the Supreme Court and the Political Branches, 66 Maryland Law Review 805 (2007)

On September 21, 2006, my colleagues, Professors Singer, Quint, and Young, and I led a...

 

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Did the Founding Fathers do "A Heckuva Job"? Constitutional Authorization for the Use of Federal Troops to Prevent the Loss of a Major American City, 87 Boston University Law Review 397 (2007)

As the one year anniversary of the landfall of Hurricane Katrina on the Gulf Coast...

 

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Teaching New Dogs Old Tricks: Reshaping the Department of Homeland Security's Technology Development Infrastructure, 47 Jurimetrics 281 (2007)

This article discusses the Department of Homeland Security’s (DHS’s) use of technology to help fight...

 

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Did the Founding Fathers Do "A Heckuva Job"? Constitutional Authorization for the Use of Federal Troops to Prevent the Loss of a Major American City, Schmooze 'tickets' (2006)

As the one year anniversary of the landfall of Hurricane Katrina on the Gulf Coast...

 

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Yes, Virginia: The President Can Deploy Federal Troops to Prevent the Loss of a Major American City from a Devastating Natural Catastrophe, 26 Mississippi College Law Review 107 (2006)

As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina,...

 

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The Alfonse and Gaston of Governmental Response to National Public Health Emergencies: Lessons Learned from Hurricane Katrina for the Federal Government and the States, 58 Administrative Law Review 611 (2006)

Hurricane Katrina renewed an old debate concerning which level of government should lead the response...

 

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False Conflict: Who's in Charge of National Public Health Catastrophes, 31 Administrative and Regulatory Law News 2 (2006)

Hurricane Katrina renewed an old debate concerning which level of government should lead the response...

 

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The Need for Closed Circuit Television in Mass Transit Systems, 2006 Law Enforcement Executive Forum 151 (2006)

Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the...

 

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The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability and Compensation Policies in the Context of Pre-Event Vaccine Immunization Programs, 8 Journal of Health Care Law & Policy 7 (2005)

On July 21, 2004, President Bush signed the Project Bioshield Act, which authorizes the spending...

 

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The Threat of Smallpox: Eradicated But Not Erased: A Review of the Fiscal, Logistical and Legal Obstacles Impacting the Phase I Vaccination Program (with Holly L. Myers, Elin Gursky, Georges C. Benjamin, and Christopher Gozdor), 2004 Journal of Homeland Security (2004)

Fears that terrorists may have the capabilities and intent to disseminate a variety of biologic...

 

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Three Strikes and You're Outside the Constitution: Will the Guantanamo Bay Alien Detainees be Granted Fundamental Due Process?, 37 Maryland Bar Journal 14 (2004)

The United States Supreme Court has agreed to take up its first case arising from...

 

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Is Criminal Justice a Casualty of the Bush Administration's War on Terror?, 31 Human Rights 19 (2004)

Relying on Article I Presidential War Powers, the Bush administration has employed many detention and...

 

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Judicial Review of Administrative Action and Responsible Government (with Warner W. Gardner), 63 Georgetown Law Journal 7 (1974)
 

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Comment: Relocation, Accidental Inequalities, and the Equal Protection Doctrine, 117 University of Pennsylvania Law Review 579 (1969)
 

Chapters in Books

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The Posse Comitatus Act and Disaster Response (with Arianne Spaccarelli), Homeland Security and Emergency Management: a Legal Guide for State and Local Governments (2010)

The federal government’s failure to quickly send active duty troops and other military assets to...

 

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State and Federal Emergency Powers (with Arianne Spaccarelli), Homeland Security: Legal and Policy Issues. (2009)

As the federal and state response to Hurricane Katrina demonstrated, a failure to understand and...

 

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Indefinite Material Witness Detention Without Probable Cause: Thinking Outside the Fourth Amendment, At War with Civil Rights and Liberties (2005)

A constitutional issue recently addressed by the United States Court of Appeals for the Second...

 

Working Papers

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Is Our Economy Safe? A Proposal for Assessing the Success of Swaps Regulation under the Dodd-Frank Act, (2010)

On July 21, 2010, President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer...

 

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Definitions Contained in Title VII of Dodd-Frank Act, File No. S7-16-1 (2010)

Comment letter in response to Definitions Contained in Title VII of Dodd-Frank Wall Street Reform...

 

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Out of the Black Hole: Regulatory Reform of the Over-the-Counter Derivatives Market, (2010)

Unregulated OTC derivatives have been at the heart of recent systemic or near systemic collapses....

 

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Choking BioShield: The Department of Homeland Security's Stranglehold on Biodefense Vaccine Development, (2006)

One of the bright milestones toward the development of a vibrant biodefense vaccine industry was...

 

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The Role of the Federal Government in Response to Catastrophic Health Emergencies: Lessons Learned from Hurricane Katrina, (2005)

In much of the recent thought devoted to the role of states in responding to...

 

Congressional Testimony

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Implementing Dodd-Frank: A Review of the CFTC‟s Rulemaking Process: Testimony, Congressional Testimony (2011)

The Relationship of Unregulated OTC Derivatives to the Meltdown. It is now accepted wisdom that...

 

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Implementation of Title VII of the Wall Street Reform and Consumer Protection Act. Hearing before the United States Senate, Committee on Agriculture, Nutrition and Forestry - 112th Cong., 1st Sess., Congressional Testimony (2011)

he Relationship of Unregulated OTC Derivatives to the Meltdown. It is now accepted wisdom that...

 

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The Role of Derivatives in the Financial Crisis – Testimony before the Financial Crisis Inquiry Commission, June 30, 2010, Congressional Testimony (2010)

It is now almost universally accepted that the unregulated multi-trillion dollar OTC CDS market helped...

 

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Strengthening Security and Oversight at Biological Research Laboratories, Congressional Testimony (2009)

With the advent of the Anthrax attacks in the fall of 2001, this Nation has...

 

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Testimony before the U.S. House Committee on Agriculture on the “Discussion Draft: The Derivatives Market Transparency and Accountability Act of 2009.”, Congressional Testimony (2009)

Testimony before the U.S. House of Representatives, Committee on Agriculture. 111th Congress, 1st Session (2009).

 

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Testimony of Michael Greenberger before the Commodity Futures Trading Commission on “Excessive Speculation: Position Limits and Exemptions.”, Congressional Testimony (2009)

Testimony before the Commodity Futures Trading Commission (August 5, 2009).

 

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Testimony before the U.S. House of Representatives Appropriations Committee, Subcommittee on Agriculture, Rural Development. Food and Drug Administration, and Related Agencies, regarding the “Commodity Futures Trading Commission”, Congressional Testimony (2008)

Testimony before the U.S. House of Representatives Appropriations Committee, Subcommittee on Agriculture, Rural Development. Food...

 

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Testimony before the U.S. House of Representatives, Committee on Agriculture - “Potential Excessive Speculation in Commodity Markets: The Impact of Proposed Legislation", Congressional Testimony (2008)

Testimony before the U.S. House of Representatives, Committee on Agriculture. 110th Congress, 2nd Session (July...

 

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Excessive Speculation in the Natural Gas Market, Congressional Testimony (2007)