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On Corporate Codification: A Historical Peek At The Model Business Corporation Act And The American Law Institute Principles Through The Delaware Lens, E. Norman Veasey Jan 2011

On Corporate Codification: A Historical Peek At The Model Business Corporation Act And The American Law Institute Principles Through The Delaware Lens, E. Norman Veasey

Law and Contemporary Problems

No abstract provided.


Congressional Manipulation Of The Sentencing Guideline For Child Pornography Possession: An Argument For Or Against Deference?, John Gabriel Woodlee Jan 2011

Congressional Manipulation Of The Sentencing Guideline For Child Pornography Possession: An Argument For Or Against Deference?, John Gabriel Woodlee

Duke Law Journal

Many proponents of the Federal Sentencing Guidelines envisioned a system in which a politically insulated agency would craft guidelines based on empirical study. This vision of the now-advisory Guidelines survives in Supreme Court opinions that appear to accept that the work of the U.S. Sentencing Commission, the agency tasked with formulating the Guidelines, is driven largely by empirical analysis. This vision has created uncertainty, however, about how much deference courts should show particular Guidelines-such as Section 2G2.2, the Guideline applicable to possession of child pornography- that do not reflect empirical study by the Commission, but that have instead been shaped …


Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper Jan 2011

Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper

Duke Law Journal

This Article is the first to take a comprehensive look at the issue of statute-of-limitations accrual in method-of-execution cases. In other words, when does the clock start ticking on a death row inmate's right to challenge the way in which the state intends to execute him? Most circuit courts have held that method-of-execution challenges accrue at the completion of the direct appeal process. This means that death row inmates in these jurisdictions must file method-of-execution challenges years, and sometimes even decades, before an actual execution is scheduled. Although this approach has been the subject of much criticism, even the dissenting …


Rethinking Novelty In Patent Law, Sean B. Seymore Jan 2011

Rethinking Novelty In Patent Law, Sean B. Seymore

Duke Law Journal

The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those in complex fields like biotechnology, chemistry, and pharmaceuticals. For example, if a drug company seeks to patent a promising molecule that was disclosed but never physically made in the prior art, the key possession question is whether a person having ordinary skill in the art (PHOSITA) could have made it at the time of the prior disclosure. Put differently, could the PHOSITA rely on then-existing knowledge …


Indemnification And Advancement Through An Agency Lens, Deborah A. Demott Jan 2011

Indemnification And Advancement Through An Agency Lens, Deborah A. Demott

Law and Contemporary Problems

DeMott discusses the doctrines that define entitlements to indemnification. In the corporate context, indemnification is better grounded, as in the Model Business Corporation Act (MBCA), in the necessity of furnishing corporate directors with appropriate protection against personal risk. To be sure, as the MBCA's official comments implicitly acknowledge, the position of officers, especially senior executive officers, does not fit neatly and exclusively into either an "agent" or a "non-agent" category for indemnification purposes.


Fee Shifting In Investor-State Arbitration: Doctrine And Policy Justifying Application Of The English Rule, David P. Riesenberg Jan 2011

Fee Shifting In Investor-State Arbitration: Doctrine And Policy Justifying Application Of The English Rule, David P. Riesenberg

Duke Law Journal

In investor-state arbitration, tribunals can and should apply the English rule on legal costs and abandon the two alternatives, the American rule and the pro-claimant rule. Under the English rule, the unsuccessful party in a dispute must indemnify the prevailing party for the costs of dispute resolution. Both doctrine and public policy support the application of the English rule, particularly in light of the much-publicized backlash against the investor-state arbitration system. Most importantly, the English rule would help to mitigate the two most commonly identified causes of the backlash the system's alleged proinvestor bias and its chilling effect on host …


The Model Business Corporation Act At Sixty: Shareholders And Their Influence, Lisa M. Fairfax Jan 2011

The Model Business Corporation Act At Sixty: Shareholders And Their Influence, Lisa M. Fairfax

Law and Contemporary Problems

No abstract provided.


Hard Cases Under The Convention On The International Sale Of Goods: A Proposed Taxonomy Of Interpretative Challenges, H. Allen Blair Jan 2011

Hard Cases Under The Convention On The International Sale Of Goods: A Proposed Taxonomy Of Interpretative Challenges, H. Allen Blair

Duke Journal of Comparative & International Law

No abstract provided.


Reconsidering Res Judicata: A Comparative Perspective, Yuval Sinai Jan 2011

Reconsidering Res Judicata: A Comparative Perspective, Yuval Sinai

Duke Journal of Comparative & International Law

No abstract provided.


How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai Jan 2011

How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai

Duke Journal of Comparative & International Law

No abstract provided.


Journal Staff Jan 2011

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.


The Relationship Of The Model Business Corporation Act To Other Entity Laws, William H. Clark Jr. Jan 2011

The Relationship Of The Model Business Corporation Act To Other Entity Laws, William H. Clark Jr.

Law and Contemporary Problems

No abstract provided.


Delaware Corporate Law And The Model Business Corporation Act: A Study In Symbiosis , Jeffrey M. Gorris, Lawrence A. Hamermesh, Leo E. Strine Jr. Jan 2011

Delaware Corporate Law And The Model Business Corporation Act: A Study In Symbiosis , Jeffrey M. Gorris, Lawrence A. Hamermesh, Leo E. Strine Jr.

Law and Contemporary Problems

No abstract provided.


The 1970s: The Committee On Corporate Laws Joins The Corporate Governance Debate, Marshall L. Small Jan 2011

The 1970s: The Committee On Corporate Laws Joins The Corporate Governance Debate, Marshall L. Small

Law and Contemporary Problems

No abstract provided.


An Appraisal Of The Model Business Corporation Act’S Appraisal Rights Provisions, Mary Siegel Jan 2011

An Appraisal Of The Model Business Corporation Act’S Appraisal Rights Provisions, Mary Siegel

Law and Contemporary Problems

Siegel examines four fundamental differences between the Delaware General Corporation Law and the Model Business Corporation Act (MBCA). In the area of shareholder appraisal rights, the two statutes are diametrically opposed on many key elements. Most notably, MBCA chapter 13 on appraisal rights differs from Delaware's statutory appraisal provisions in four fundamental respects: 1. events that will trigger a shareholder's right to demand appraisal, 2. timing of the corporation's payment to shareholders demanding appraisal rights, 3. allocation of court costs and shareholder expenses, and 4. whether the market-out exception to appraisal rights is limited only to appraisal-triggering transactions that are …


Journal Staff Jan 2011

Journal Staff

Duke Law Journal

No abstract provided.


The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John F. Olson, Aaron K. Briggs Jan 2011

The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John F. Olson, Aaron K. Briggs

Law and Contemporary Problems

No abstract provided.