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Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
Some Kind Of Hearing Officer, Kent H. Barnett
Some Kind Of Hearing Officer, Kent H. Barnett
Scholarly Works
In his prominent 1975 law-review article, “Some Kind of Hearing,” Second Circuit Judge Henry Friendly explored how courts (and agencies) should respond when the Due Process Clause required, in the Supreme Court’s exceedingly vague words, “some kind of hearing.” That phrase led to the familiar (if unhelpful) Mathews v. Eldridge balancing test, in which courts weigh three factors to determine how much process or formality is due. But the Supreme Court has never applied Mathews to another, often ignored facet of due process—the requirement for impartial adjudicators. As it turns out, Congress and agencies have broad discretion to fashion not …
Crowdfunding Signals, Darian M. Ibrahim
Crowdfunding Signals, Darian M. Ibrahim
Georgia Law Review
Entrepreneurs can now “crowdfund,” or sell securities to unaccredited investors over the Internet, to raise capital. But will these companies be able to attract the follow-on investors (angels and venture capitalists) that are necessary for long-term success? Angels and VCs face extreme levels of information asymmetry when deciding whether to fund a company. Signals can reduce this asymmetry. Early commentary argues a company only crowdfunds as a last resort for fear of sending a negative signal about the company’s quality to follow-on investors. This Article argues the inverse. This Article argues a successful crowdfunding campaign can send a positive signal …
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Direct Investment In The United States: Disclosure Regulations, Diane E. Mcnamara
Foreign Direct Investment In The United States: Disclosure Regulations, Diane E. Mcnamara
Georgia Journal of International & Comparative Law
No abstract provided.
Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman
Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman
Georgia Journal of International & Comparative Law
No abstract provided.
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
Scholarly Works
Increasingly more “ordinary” Americans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories, they are exposing private information about others as well. The face-off between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it.
In a prior article, I established that autobiographical speech is a unique and important category of speech that is at risk of being undervalued under current law. This article builds on my earlier work by addressing the emerging conflict between …
Placebo Ethics, Usha Rodrigues, Mike Stegemoller
Placebo Ethics, Usha Rodrigues, Mike Stegemoller
Scholarly Works
While there are innumerable theories on the best remedy for the current financial crisis, there is agreement on one point, at least: increased transparency is good. We look at a provision from the last round of financial regulation, the Sarbanes Oxley Act of 2002 (SOX), which imposed disclosure requirements tailored to prevent some of the kinds of abuses that led to the downfall of Enron. In response to Enron's self-dealing transactions, Section 406 of SOX required a public company to disclose its code of ethics and to disclose immediately any waivers from that code the company grants to its top …