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Articles 1 - 30 of 478
Full-Text Articles in Entire DC Network
Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith
Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith
Faculty Scholarship
Corporate law expresses a profound ambiguity toward the role of shareholders. Courts announce that shareholders are critical to the theory that legitimates the exercise of power - by directors and officers over vast aggregations of property that they do not own. At the same time shareholders have a very difficult time actually making any corporate decisions. In this Article, we strive to define a new role for shareholders by drawing on economic theories of the firm and the structure of corporate law. More particularly we examine the role of shareholders in hostile corporate takeovers, the area where the interests of …
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Faculty Scholarship
No abstract provided.
Serving The Homeless: Evaluating The Effectiveness Of Homeless Shelter Services, Robert L. Fischer
Serving The Homeless: Evaluating The Effectiveness Of Homeless Shelter Services, Robert L. Fischer
Faculty Scholarship
The effects of homeless assistance services at the local level are tremendously difficult to ascertain. In this study, a four-month sample of homeless persons served by a local homeless shelter and case management program were contacted nine to eleven months after receiving services. The findings suggest that the program had some initial success in assisting the homeless clients to locate housing within the first year after leaving the shelter. However, the housing costs paid by these formerly homeless were quite high, with nearly three-quarters of them spending forty percent or more of their income on housing.
An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part One, Susan Saab Fortney
An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part One, Susan Saab Fortney
Faculty Scholarship
This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.
Executive Compensation In America: Optimal Contracting Or Extraction Of Rents?, Lucian A. Bebchuk, Jesse M. Fried, David I. Walker
Executive Compensation In America: Optimal Contracting Or Extraction Of Rents?, Lucian A. Bebchuk, Jesse M. Fried, David I. Walker
Faculty Scholarship
This paper develops an account of the role and significance of rent extraction in executive compensation. Under the optimal contracting view of executive compensation, which has dominated academic research on the subject, pay arrangements are set by a board of directors that aims to maximize shareholder value by designing an optimal principal-agent contract. Under the alternative rent extraction view that we examine, the board does not operate at arm's length; rather, executives have power to influence their own compensation, and they use their power to extract rents. As a result, executives are paid more than is optimal for shareholders and, …
A Review Of The Development Of An Internet Delivered Ll.M Program In The United States, William Byrnes
A Review Of The Development Of An Internet Delivered Ll.M Program In The United States, William Byrnes
Faculty Scholarship
This article reviews the development of the first Internet delivered LL.M program (i.e. LL.M. of International Tax and Offshore Financial Centers, the ‘Program’) in the United States.
The paper comprises four sections: In Part 1 the economics reasons for, and logistics considerations of, the Internet delivered Program are addressed. Part 2 reviews the pedagogical approach to legal education employed in the United States, criticisms thereof, and finally examines an emerging pedagogical trend in the United Kingdom. Part 3 reviews the teaching tools employed in the Program International Tax and Offshore Financial Centers, and Part 4 reviews the practical aspects of …
Medical Error Reporting: Professional Tensions Between Confidentiality & Liability, Wendy K. Mariner, Frances H. Miller
Medical Error Reporting: Professional Tensions Between Confidentiality & Liability, Wendy K. Mariner, Frances H. Miller
Faculty Scholarship
Improving patient safety depends on a sophisticated understanding of what can jeopardize it. Reports of adverse patient events and "near misses" constitute valuable information that can foster that understanding. Knowing what has gone wrong in the past facilitates the search for systems improvements, which can prevent recurrence. Unfortunately, providers have been generally unenthusiastic about reporting medical error, whether from a sense of shame, from a fear of liability and institutional sanctions, or from anxiety about reputation and relationships with peers. This Issue Brief lays out the factors that may affect reporting, and explores the limited evidence about whether providers' confidentiality …
Unreasonable Probability Of Error, Jed Handelsman Shugerman
Unreasonable Probability Of Error, Jed Handelsman Shugerman
Faculty Scholarship
In Strickland v. Washington, the Supreme Court sought to create a uniform standard to guarantee effective assistance of counsel to criminal defendants, to "ensure a fair trial," and to assure the reliability of "a just result."' Justice O'Connor's majority opinion created a two-pronged test for overturning a trial verdict: deficient performance and resulting prejudice. The Court explicitly established a difficult burden for proving deficient performance,2 but set a moderate standard for prejudice as the "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient …
Minority Discounts And Control Premiums In Appraisal Proceedings, Richard A. Booth Marbury Research Professor Of Law
Minority Discounts And Control Premiums In Appraisal Proceedings, Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
In a merger, a stockholder often has a statutory right of dissent and appraisal under which the stockholder may demand to be paid fair value exclusive of any gain or loss that may arise from the merger itself. Most courts and commentators agree that a dissenting stockholder should ordinarily receive a pro rata share of the fair value of the corporation without any discount simply because minority shares lack control. In several recent cases, the courts have indicated that a minority stockholder is thus entitled to a share of the control value of the corporation even though the merger does …
Revoking Your Citizenship: Minimizing The Likelihood Of Administrative Error, Catherine Y. Kim
Revoking Your Citizenship: Minimizing The Likelihood Of Administrative Error, Catherine Y. Kim
Faculty Scholarship
No abstract provided.
When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Minna J. Kotkin, Stacy Caplow
When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Minna J. Kotkin, Stacy Caplow
Faculty Scholarship
No abstract provided.
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Tears Later: Reflections On The State Of Feminism Today, Elizabeth M. Schneider, Regina Austin
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Tears Later: Reflections On The State Of Feminism Today, Elizabeth M. Schneider, Regina Austin
Faculty Scholarship
No abstract provided.
Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber
Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber
Faculty Scholarship
No abstract provided.
When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Stacy Caplow, Minna J. Kotkin
When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Stacy Caplow, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Drug Designs Are Different, Aaron Twerski, J. A. Henderson
Drug Designs Are Different, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Traits And Tools For Ethical Environmental Advocates In Florida, Brion L. Blackwelder
Traits And Tools For Ethical Environmental Advocates In Florida, Brion L. Blackwelder
Faculty Scholarship
No abstract provided.
Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Autonomy, Self-Governance, And The Margin Of Appreciation: Developing A Jurisprudence Of Diversity Within Universal Human Rights, Douglas Lee Donoho
Autonomy, Self-Governance, And The Margin Of Appreciation: Developing A Jurisprudence Of Diversity Within Universal Human Rights, Douglas Lee Donoho
Faculty Scholarship
No abstract provided.
Separation Of Powers, The Presidency And The Environment, Robert V. Percival
Separation Of Powers, The Presidency And The Environment, Robert V. Percival
Faculty Scholarship
No abstract provided.
Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger
Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger
Faculty Scholarship
No abstract provided.
Recursivity: Navigating Composition And Space, Jason A. Snart
Recursivity: Navigating Composition And Space, Jason A. Snart
Faculty Scholarship
No abstract provided.
The Wonderful World Of Genetics, George J. Annas
The Wonderful World Of Genetics, George J. Annas
Faculty Scholarship
Review of Future Perfect: Confronting Decisions about Genetics (2001) by Lori B. Andrews
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
Faculty Scholarship
More than twenty years ago, moral philosopher Richard Wasserstrom framed the debate in legal ethics by asking two questions. Does the lawyer's duty to zealously represent the client, constrained only by the bounds of the law, render the lawyer "at best systematically amoral and at worst more than occasionally immoral in ... her dealings with the rest of mankind[?]" And is the lawyer's relationship with the client likewise morally tainted in that it generally entails domination by the lawyer over the client rather than mutual respect? Wasserstrom answered both questions affirmatively. Though these questions have preoccupied legal ethics scholars ever …
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Faculty Scholarship
This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton
Faculty Scholarship
This Lecture consists of three parts. In the first part, I will lay out the background behind judicial review in the United States - the history, the theory, and the constitutional structure. In the second part of this Lecture, I will discuss some of the major United States Supreme Court cases that established and developed the doctrine of judicial review. In the third, and final, part, I will present the recent case of Bush v. Gore as an example of the major points that have been developed earlier. Finally, I will conclude with some general observations about judicial review and …
A 2001 Employment Law Odyssey: The Invasion Of Privacy Tort Takes Flight In The Florida Workplace, Michael Z. Green
A 2001 Employment Law Odyssey: The Invasion Of Privacy Tort Takes Flight In The Florida Workplace, Michael Z. Green
Faculty Scholarship
Computer use has exploded over the last twenty years. Even more rapid growth of technology throughout the 1990s has culminated with the dynamic and exponentially increasing use of the Internet. This technology spurt has led the way to many more business opportunities. With those increasing opportunities more problems have arisen, especially with protecting privacy on a domestic and an international scale after the European Union Directive. The European Union Directive created a profound impact on multinational employers, especially those in the U.S., by requiring guarantees that all private information gathered by companies doing business in countries that are members of …
Harold K. Jacobson (1929-2001): An Appreciation, Charlotte Ku
Harold K. Jacobson (1929-2001): An Appreciation, Charlotte Ku
Faculty Scholarship
Harold Jacobson was born in Detroit onJune 28,1929. He attended high school in Wyandotte, Michigan, and received a bachelor's degree in history from the University of Michigan. He married his Michigan schoolmate Merelyn Jean Lindbloom in 1951, a year after he started graduate school at Yale.
He was fundamentally an optimist about human behavior; he opened his path-breaking text, Networks of Interdependence, with the words, "This is an optimistic book, though I hope not an unrealistic one."
Thus did Jacobson begin a career-long association with many whose work was rooted in international law. This interest led to fruitful collaborations and …
Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Jack M. Beermann, Clive B. Jacques
Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Jack M. Beermann, Clive B. Jacques
Faculty Scholarship
In this article, we argue that enforcing the TCA against state and local zoning authorities raises serious legal concerns, especially if such enforcement is via a § 1983 "and laws" action. In particular, we argue that courts should not award attorney's fees under § 1988 to providers who prevail in claims alleging violation of TCA section 704. First, we argue that this is not an appropriate "and laws" claim because the TCA's cell siting provisions, in the main, do not create rights that are enforceable via § 1983 action. Further, in our view Congress did not intend that providers be …
Building Community, Recognizing Dignity: Beyond The Ada, Karen H. Rothenberg, Alan D. Hornstein
Building Community, Recognizing Dignity: Beyond The Ada, Karen H. Rothenberg, Alan D. Hornstein
Faculty Scholarship
No abstract provided.
Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman
Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman
Faculty Scholarship
No abstract provided.