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Selected Works

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2013

Law

Articles 1 - 4 of 4

Full-Text Articles in Education

The Conflict Of Interest Inherent In A Corporation Paying For Its Employee’S Counsel: A Better Model For Preventing And Addressing Corporate Crime, Josephine Sandler Nelson Aug 2013

The Conflict Of Interest Inherent In A Corporation Paying For Its Employee’S Counsel: A Better Model For Preventing And Addressing Corporate Crime, Josephine Sandler Nelson

J.S. Nelson

Although the U.S. Supreme Court as far back as the 1981 case of Wood v. Georgia[1] identified the inherent conflict of interest that exists when an employer controls its employee’s counsel, until now, no uniform solution has existed to protect the employee’s rights in these situations.

Currently, a single attorney, as in Wood, may often represent both the corporation[2] and the corporation’s employees.  The employer can control the employee’s defense because agency law recognizes only that the interests of the principal—the employer—are at stake.[3]  Under agency law, the employer controls the defense because it may …

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Examining The Experiences And Decisions Of Parents/Guardians: Participant Directing The Supports And Services Of Adults With Significant Intellectual And Developmental Disabilities, Judith Gross, Luchara Wallace, Martha Blue-Banning, Jean Ann Summers, Ann Turnbull Jun 2013

Examining The Experiences And Decisions Of Parents/Guardians: Participant Directing The Supports And Services Of Adults With Significant Intellectual And Developmental Disabilities, Judith Gross, Luchara Wallace, Martha Blue-Banning, Jean Ann Summers, Ann Turnbull

Luchara Wallace

Participant direction is a service delivery model in which the consumer of public benefits, or his or her surrogate decision maker, exercises some level of choice and control over the consumer’s supports and services. In this case study, the authors examined the decisions and experiences of parents/guardians who directed supports and services for an adult with significant intellectual and developmental disabilities (SIDD). Respondents included the parents/guardian of the adult as well as others in the circle of support identified by the parents/guardians. Data analysis revealed an overarching theme in which respondents perceived participant direction as a means to achieve an …

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Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson Dec 2012

Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson

J.S. Nelson

To address multi-dimensional conflict of interest problems in directors and officers (D&O) indemnification cases, we propose a solution that was originally developed for civil insurance cases in California, but that has an even more powerful and appropriate application in the context of criminal employee defendants.
Corporate crime costs the United States a staggering $600 billion a year. By contrast, the total cost of all non-corporate crime in 2001 from robbery, burglary, larceny-theft, and motor vehicle theft combined was $17.2 billion; less than one-third of what fraudulent activities at the single company of Enron cost investors, pensioners, and employees in the …

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How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives, Jalae Ulicki Dec 2012

How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives, Jalae Ulicki

Jalae Ulicki

No abstract provided.

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