Copyright (c) 2008 All rights reserved. http://works.bepress.com/miriam_cherry Recent documents in Miriam A. Cherry en-us Thu, 03 Jan 2008 11:16:37 PST 3600 http://works.bepress.com/miriam_cherry/4 http://works.bepress.com/miriam_cherry/4 Mon, 12 Mar 2007 14:52:59 PDT What would happen if new laws banning on-line gambling were used to target prediction markets? The answer is a clash with the First Amendment. The continuing development of prediction markets is important because of their success at foretelling the future. Unfortunately, overly restrictive gambling laws could jeopardize the progress of prediction markets. In this Article, we identify the expressive elements inherent in prediction markets and explore how legislation such as the Unlawful Internet Gambling Enforcement Act of 2006 might harm such predictive speech. This Article is the first to explore First Amendment protections for prediction markets, and in so doing, we distinguish prediction markets from other regulated areas such as gambling, commodities, and securities trading. We also analyze how the executive, legislative, and judicial branches might resolve this conflict and propose a new legal test, modeled on existing free speech jurisprudence, which may assist courts in adjudicating future constitutional challenges in this area. Miriam A. Cherry Constitutional Law Law and Economics Securities Law http://works.bepress.com/miriam_cherry/3 http://works.bepress.com/miriam_cherry/3 Sun, 29 Oct 2006 17:11:07 PST Miriam A. Cherry Labor Law http://works.bepress.com/miriam_cherry/2 http://works.bepress.com/miriam_cherry/2 Sun, 29 Oct 2006 17:11:06 PST Miriam A. Cherry Law and Economics Securities Law http://works.bepress.com/miriam_cherry/1 http://works.bepress.com/miriam_cherry/1 Sun, 29 Oct 2006 17:11:05 PST My essay is a review of Jeremy Blachman's new book, Anonymous Lawyer. The book is a black-humorous stab at the hearts and souls of large elite law firms everywhere (if firms had such things as hearts and souls). In this review essay, I discuss why the blog struck a chord with so many readers, and why the novel Anonymous Lawyer contains a serious message about employment at law firms. First, I place Anonymous Lawyer within the tradition of satire surrounding the legal profession. Specifically, I compare Blachman's novel to John Jay Osborne Jr.'s earlier novel The Associates, which also takes large law firm life as its subject. Second, I want to examine how this novel fits into the literature that describes working life at a large elite law firm. Anonymous Lawyer highlights the issues of associate turnover, work-life imbalance, and workplace hierarchies that seem to characterize employment at large law firms. Ultimately, I conclude that Anonymous Lawyer adds to the formal academic discourse on law firm culture and, through its humor, challenges and goads the system toward change. Miriam A. Cherry Employment Practice Legal Profession