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Online Edition '23
Employee-Asset-Owner: How Messi’s Inter Miami Deal is Changing the Game for the American Soccer Industry
Allyson Swartzberg
University of Chicago Law School '25

In the summer of 2023, Lionel Messi agreed to a $150 million, two-and-a-half-year deal with Inter Miami, a U.S. Major League Soccer (MLS) team. Messi took this deal despite offers to return to FC Barcelona, where he has played before, and to play for Al-Hilal, a Saudi team where he was offered compensation over $500 million per season. To compete with these bids and ultimately sign Messi, Inter Miami offered a first-of-its-kind deal structure.

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Online Edition '23
Blank Spaces: Analyzing Reforms to Chicago’s Commercial Vacant Lot Problem
Elizabeth Taddie Larson
University of Chicago Law School '25

Thank you to the University of Chicago Institute for Justice Clinic on Entrepreneurship for inspiring this paper, specifically Grant Twombly for suggesting I look into this topic and to Professor Beth Kregor for her thoughts on the problems affecting reform efforts. 

The city of Chicago owns over 10,000 vacant lots with another 16,634 on their way to becoming city-owned due to back taxes and unpaid fees. These vacant properties can “devastate the neighborhood and block, undermine the neighbors’ quality of life and diminish the value of nearby properties[.]” Vacant lots are associated with crime, lack of housing and commercial spaces, and destabilization of the neighborhood, all while bringing in no tax revenue for the city. Chicago has tried numerous reforms to return vacant land to productive (and taxable) uses, but much of the city-owned land has stuck with the city.

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Online Edition '23
There Is No “Passing On” an Injury You Never Suffered: Revisiting the Bypassed Distributor Problem in Antitrust Law
Bryan Gant
Bryan Gant is a partner in the Antitrust Group at White & Case LLP

The author would like to thank Zarka Shabir and Helen J. Gant for their invaluable assistance. Any views expressed in this publication are strictly those of the author and should not be attributed in any way to White & Case LLP or its clients.

This article argues that the accepted resolution to the “bypassed distributor” problem in antitrust law, although adopted by numerous courts, is wrong.  As a result of this error, courts have incorrectly permitted bypassed distributors to recover hundreds of millions of dollars despite never actually having suffered any injury.  Moreover, these courts have violated Article III of the U.S. Constitution, by permitting plaintiffs with no injuries, and thus no standing, to recover damages.  Courts should therefore revisit the bypassed distributor problem. 

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Online Edition '22
Regulatory Uncertainty and Business Impact of the Executive Orders Against Investment in Chinese Companies
Martin Kwan
Honorary Fellow, Asian Institute of International Financial Law, University of Hong Kong Associate in Research, Fairbank Center for Chinese Studies, Harvard University

The main provision of the Executive Orders (EO 13959 by President Trump issued in November 2020, as replaced by EO 14032 by President Biden issued in June 2021) prohibits US persons from engaging in: “the purchase or sale of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities of [certain listed Chinese companies]”.

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Online Edition '22
The Supreme Court As A Systemic Risk
Benjamin Edwards

Financial regulators should begin planning now for the risk that the post-Trump era Supreme Court could eventually trigger a financial crisis. We often think of systemic risk as coming from war, plagues, or other disruptive events causing problems to cascade through the financial system. In Supreme Risk, an article forthcoming in the Florida Law Review, I explain how the Supreme Court may also significantly disrupt markets and keystone institutions.

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Online Edition '22
Commodity Futures Trading Commission: The Correct Regulator for the Virtual Currency Spot Market
Clayton C. Melton
J.D. Candidate, Georgetown Law ’23

TerraUSD, an algorithmic stablecoin, succumbed to a ‘death spiral’ when it de-pegged from its $1 (‘USD’) value. This death spiral sparked a market-wide virtual currency sell-off, wiping out $60 billion from crypto markets. The algorithmic stablecoins (‘altcoins’) demise highlights the need for a regulatory overseer of virtual currency spot markets.