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87.4
The Golden Share: Attaching Fiduciary Duties to Bankruptcy Veto Rights
Yiming Sun
BA 2018, University of California, Los Angeles; JD Candidate 2021, The University of Chicago Law School.

I wish to thank Professors Douglas Baird and Anthony Casey, as well as The University of Chicago Law Review editors, for their guidance and advice throughout the writing process.

Suppose you are a large investment fund that just loaned money to a company. Like many large lenders, you secured the loan with the company’s equipment as collateral. But unfortunately, the company missed an interest payment and defaulted under the terms of its notes. What’s worse, it subsequently filed for bankruptcy.

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86.8
Exculpatory Evidence Pre-plea without Extending Brady
Brian Sanders
BA 2017, Pepperdine University; JD Candidate 2020, The University of Chicago Law School

I thank Professor Douglas Baird for his critiques, especially in regard to big boy clauses. I thank Brendan Anderson, Tiberius Davis, and Zachary Reynolds for listening to me talk incessantly about exculpatory evidence and for providing indispensable feedback. I thank Charles F. Capps for all his insights and especially for his critique of my formal logic.

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86.8
Legal Fictions and Foreign Frictions: An Argument for a Functional Interpretation of Jesner v Arab Bank for Transnational Corporations
Kelly Geddes
AB 2017, University of Chicago; JD Candidate 2020, The University of Chicago Law School

I would like to thank Professor Tom Ginsburg, Professor Mary Ellen O’Connell, Michael Ortiz-Benz, and the editors and staff of The University of Chicago Law Review for their assistance and insightful feedback throughout the process of writing this Comment.

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86.7
High-Value, Low-Value, and No-Value Guns: Applying Free Speech Law to the Second Amendment
Joseph E. Sitzmann
BA 2017, The George Washington University; JD Candidate 2020, The University of Chicago Law School.

The Supreme Court ushered in a dramatic shift in Second Amendment jurisprudence in District of Columbia v Heller, holding that the Second Amendment protects the right to bear arms for “the core lawful purpose of self-defense.” This decision made clear that possession of a firearm need not be tethered to service in a militia. But the Court left open significant questions regarding what exactly that newly defined right entails.

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86.7
“Unfair or Unconscionable”: A New Approach to Time-Barred Debt Collection under the FDCPA
Jon D. Fish
BA 2016, University of Kentucky; JD Candidate 2020, The University of Chicago Law School.

In search of an accessible epithet, newspapers across the country have christened debt that is barred by the statute of limitations “zombie debt.” This “funny term” for time-barred debt reflects its tendency to come back to life and attack when, like the first victims in a horror movie, consumers “seal their [ ] fate” by their own heedless approaches to debt collectors.

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86.7
Liability for Data Scraping Prohibitions under the Refusal to Deal Doctrine: An Incremental Step toward More Robust Sherman Act Enforcement
Ioannis Drivas
BA 2015, Amherst College; JD Candidate 2020, The University of Chicago Law School.

Internet giants like Google, Facebook, Microsoft, and Amazon have attracted controversy for their growing influence on our social, political, and commercial activities. Some commentators worry that these companies’ ability to gather data and control who accesses it threatens the competitive health of the digital economy. This trend could harm consumers by stifling innovation in online products and by producing a digital economy with fewer choices and fewer competitors determined to win consumers’ business.