• Features

    When Is a Bid or Offer a ‘Spoof’?

    Jodi Misher Peikin and Brent M. Tunis

    U.S. Supreme Court Denial of Cert Leaves Statute Vague

    This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.

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  • Features

    Addressing Disproportionate Forfeitures: Refining the Bajakajian Analysis

    Harry Sandick, Daniel Ruzumna and Jacqueline Bonneau

    Part Two of a Two-Part Article

    In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government’s authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.

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