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Articles 1 - 30 of 494
Full-Text Articles in Law
Who Should Be Liable? Examining The Corporate Liability Regime For Cybersecurity Risks, Angel R. Gardner
Who Should Be Liable? Examining The Corporate Liability Regime For Cybersecurity Risks, Angel R. Gardner
Student Journal of Information Privacy Law
The growth of the Internet of Things (IoT) poses new and substantial security risks for individual and national security. The IoT leaves networks susceptible to hacking, a form of unauthorized access into another person’s system or device. All devices that use the IoT are at risk of unauthorized access—a few examples include vehicles or medical devices. Currently, there are no regulations requiring corporations to protect their software from unauthorized intrusions. However, the current tort landscape does not allow for individuals to recover when there are unauthorized network intrusions where there is no tangible harm. This paper discusses why cybersecurity intrusions …
Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler
Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler
Theses/Capstones/Creative Projects
On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …
A Look Back In Time: Analyzing The Success And Value Of The 2014 Amendments To Rule 2a-7 And Reporting On Form N-Cr In Light Of The March 2020 Market Events, Jocelyn Near
Catholic University Law Review
Money market funds have frequently been a target of regulation by the Securities and Exchange Commission (“SEC”). Perhaps the most expansive regulation came as a response to the 2008 financial crisis, in which the Reserve Primary Fund “broke the buck.” The SEC’s misguided 2014 reforms exacerbated the inherent risks of money market funds, including the risk of runs and first mover advantage, particularly with the implementation of Form N-CR. Form N-CR requires a money market fund to publicly report when various events occur, including when a retail or government money market fund’s current net asset value per share deviates downward …
Federal Enforcers Signal Heightened Scrutiny Of Algorithm Use To Inform Pricing Decisions, Lohr A. Beck, Carley H. Thompson
Federal Enforcers Signal Heightened Scrutiny Of Algorithm Use To Inform Pricing Decisions, Lohr A. Beck, Carley H. Thompson
Emory Corporate Governance and Accountability Review
No abstract provided.
Covid-19 Pediatric Vaccine Authorization, Fda Authority, And Individual Misperception Of Risk, Joanna K. Sax, Neal Doran
Covid-19 Pediatric Vaccine Authorization, Fda Authority, And Individual Misperception Of Risk, Joanna K. Sax, Neal Doran
Faculty Scholarship
Vaccines are one component to the public health strategies to alleviate the COVID-19 pandemic. Hesitancy regarding COVID-19 vaccines in the United States has been problematic, which is not surprising given increasing overall vaccine hesitancy in recent decades. Most vaccines are administered during childhood years. Consequently, understanding hesitancy toward administration of vaccines in this age group may provide insight into possible interventions to reduce vaccine hesitancy. The present study analyzed a subset of over 130,000 public comments posted in response to a notice of meeting of the vaccine advisory group to the Food and Drug Administration. The meeting addressed whether to …
Loophole Entrepreneurship, Brian M. Sirman
Loophole Entrepreneurship, Brian M. Sirman
Fordham Journal of Corporate & Financial Law
All entrepreneurs seek favorable legal or regulatory treatment for their businesses. Sometimes this leads an entrepreneur to build a business within a gap in the law—a loophole. In so doing, these “loophole entrepreneurs” may avoid steep regulatory compliance costs that otherwise would beset (or perhaps prohibit) their businesses, thereby gaining advantages over competitors. Despite these benefits, loophole entrepreneurship is fraught with risks. Loopholes, by nature, are fragile, and their contours are often uncertain. Moreover, the stigma of “exploiting a loophole” (which connotes unfairness or deception) can provoke ill will among competitors, policymakers, and the public.
The ranks of loophole entrepreneurs …
Risk-Seeking Governance, Brian J. Broughman, Matthew T. Wansley
Risk-Seeking Governance, Brian J. Broughman, Matthew T. Wansley
Faculty Articles
Venture capitalists (“VCs”) are increasingly abandoning their traditional role as monitors of their portfolio companies. They are giving startup founders more equity and control and promising not to replace them with outside executives. At the same time, startups are taking unprecedented risks—defying regulators, scaling in unsustainable ways, and racking up billion-dollar losses. These trends raise doubts about the dominant model of VC behavior, which claims that VCs actively monitor startups to reduce the risk of moral hazard and adverse selection. We propose a new theory in which VCs use their role in corporate governance to persuade risk-averse founders to pursue …
The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz
The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz
Geography Undergraduate Senior Theses
Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany Lee
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany Lee
All Faculty Scholarship
Medical devices are increasingly connected, both to cyber networks and to sensors collecting data from physical stimuli. These cyber-physical systems pose a new host of deadly security risks that traditional notions of cybersecurity struggle to take into account. Previously, we could predict how algorithms would function as they drew on defined inputs. But cyber-physical systems draw on unbounded inputs from the real world. Moreover, with wide networks of cyber-physical medical devices, a single cybersecurity breach could pose lethal dangers to masses of patients.
The U.S. Food and Drug Administration (FDA) is tasked with regulating medical devices to ensure safety and …
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
University of Miami Inter-American Law Review
This note explores the impact COVID–19 has had on contracting parties who have attempted to implicate force majeure provisions. An inquiry of recent cases reveals varying degrees of success and tension when parties turn towards force majeure text. This Note analyzes common law alternatives, discusses the implication of force majeure clauses as applied under Mexican and American law, highlights the implications that have played out in recent court decisions, and discusses post–pandemic implications that could affect how parties conduct cross–border transactions in the future.
Changemakers: 'Hard Work, Determination, And Dedication': Arya Omshehe, Roger Williams University School Of Law
Changemakers: 'Hard Work, Determination, And Dedication': Arya Omshehe, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Assessment Practices And Experiences Of Sex Trafficking In Caseloads Of Service Providers Working With High Risk Youth In Indiana, Lisa S. Elwood, Samantha Goodin, Christine Naydenov, Nicole Baldonado, Tamara Weaver, Abigail Kuzma
Assessment Practices And Experiences Of Sex Trafficking In Caseloads Of Service Providers Working With High Risk Youth In Indiana, Lisa S. Elwood, Samantha Goodin, Christine Naydenov, Nicole Baldonado, Tamara Weaver, Abigail Kuzma
Midwest Social Sciences Journal
With increased recognition of sex trafficking, calls have been made for greater identification and screening. Lack of awareness and assessment likely contribute to low identification of sex trafficking victims. The present study examined assessment practices, confidence in detecting trafficking, and experiences with DMST survivors in the caseloads of service providers in the past year. Employees at high-risk settings were recruited, resulting in a sample of 76 providers representing 21 agencies. Data revealed that while general risk factors were typically assessed, sex trafficking-specific risk factors and experiences were assessed less often. Approximately 30% of participants indicated they worked with at least …
Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden
Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Special Purpose Acquisition Companies (Spacs) And The Sec, Neal Newman, Lawrence J. Trautman
Special Purpose Acquisition Companies (Spacs) And The Sec, Neal Newman, Lawrence J. Trautman
Faculty Scholarship
Special Purpose Acquisition Companies (SPACs) are simply enterprises that raise money from the public with the intention of purchasing an existing business and becoming publicly traded in the securities markets. If the SPAC is successful in raising money and the acquisition takes place, the target company takes the SPAC’s place on a stock exchange in a transaction that resembles a public offering. Also known as “blank-check” or “reverse merger” companies, this process avoids many of the pitfalls of a traditional initial public offering.
During late 2020 and 2021 an unprecedented surge in the popularity and issuance of Special Purpose Acquisition …
The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman
The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman
Faculty Scholarship
It has been almost six decades since Rachel Carson’s ominous warning of pending environmental disaster. During 2019 the United Nations requested urgent action from world leaders, given that “just over a decade is all that remains to stop irreversible damage from climate change.” With every passing year, damage resulting from destructive climate change causes increased pain, suffering, death and massive property loss. During 2020 and 2021 alone, severe weather events have included: destructive fires in California; record breaking freeze, power outage, and threat to the electrical grid in Texas; continuation of disruptive drought in U.S. Western states; and record-breaking high …
Law School News: Rwu Law Recognized By White House 01-28-2022, Michael M. Bowden
Law School News: Rwu Law Recognized By White House 01-28-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Third Party Moral Hazard And The Problem Of Insurance Externalities, Gideon Parchomovsky, Peter Siegelman
Third Party Moral Hazard And The Problem Of Insurance Externalities, Gideon Parchomovsky, Peter Siegelman
All Faculty Scholarship
Insurance can lead to loss or claim-creation not just by insureds themselves, but also by uninsured third parties. These externalities—which we term “third party moral hazard”—arise because insurance creates opportunities both to extract rents and to recover for otherwise unrecoverable losses. Using examples from health, automobile, kidnap, and liability insurance, we demonstrate that the phenomenon is widespread and important, and that the downsides of insurance are greater than previously believed. We explain the economic, social and psychological reasons for this phenomenon, and propose policy responses. Contract-based methods that are traditionally used to control first-party moral hazard can be welfare-reducing in …
Contractual Stakeholderism, Kishanthi Parella
Contractual Stakeholderism, Kishanthi Parella
Scholarly Articles
In 2019, the Business Roundtable announced its commitment to all corporate stakeholders—consumers, employees, suppliers, and communities—and not just shareholders. This announcement has reawakened an old debate over corporate social responsibility. Stakeholderism advocates argue that corporate leaders must consider the interests of the various stakeholders impacted by corporate decision-making. Stakeholderism critics challenge this view, expressing concerns that stakeholderism will magnify managerial agency costs, chill regulation, risk inauthenticity, and lead to impractical solutions.
This Article proposes “contractual stakeholderism” to operationalize stakeholderism in accordance with the views of its advocates but in a way that is attentive to the concerns of its critics. …
Assuming The Risks Of Artificial Intelligence, Amy L. Stein
Assuming The Risks Of Artificial Intelligence, Amy L. Stein
UF Law Faculty Publications
Tort law has long served as a remedy for those injured by products—and injuries from artificial intelligence (“AI”) are no exception. While many scholars have rightly contemplated the possible tort claims involving AI-driven technologies that cause injury, there has been little focus on the subsequent analysis of defenses. One of these defenses, assumption of risk, has been given particularly short shrift, with most scholars addressing it only in passing. This is intriguing, particularly because assumption of risk has the power to completely bar recovery for a plaintiff who knowingly and voluntarily engaged with a risk. In reality, such a defense …
Soft Law, Risk Cultures, And Law Abidingness: The Caremark Connection, Donald C. Langevoort
Soft Law, Risk Cultures, And Law Abidingness: The Caremark Connection, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
As Vice Chancellor, Chancellor, Chief Justice, and recidivist law review author, Leo Strine has had much to say about the often-frustrating effort at corporate behavior modification. One point he makes very insistently is that pursuant to their state-granted charters, corporations are authorized to take part only in lawful business, not any profitable business. Respect for life-giving law is thus a necessary corollary of good corporate citizenship. But good citizenship is so hard to instill, which irks him. An angry display of this is Strine’s Delaware Supreme Court dissenting opinion in City of Birmingham Retirement System v. Good, involving Duke …
Methodological Challenges In Studying Trust In Natural Resources Management, Antonia Sohns, Gordon M. Hickey, Jasper R. De Vries, Owen Temby
Methodological Challenges In Studying Trust In Natural Resources Management, Antonia Sohns, Gordon M. Hickey, Jasper R. De Vries, Owen Temby
School of Earth, Environmental, and Marine Sciences Faculty Publications and Presentations
Trust has been identified as a central characteristic of successful natural resource management (NRM), particularly in the context of implementing participatory approaches to stakeholder engagement. Trust is, however, a multi-dimensional and multi-level concept that is known to evolve recursively through time, challenging efforts to empirically measure its impact on collaboration in different NRM settings. In this communication we identify some of the challenges associated with conceptualizing and operationalizing trust in NRM field research, and pay particular attention to the inter-relationships between the concepts of trust, perceived risk and control due to their multidimensional and interacting roles in inter-organizational collaboration. The …
Dangerous Interpretations Of The Precautionary Principle And The Foundational Values Of European Union Food Law: Risk Versus Risk, Miguel A. Recuerda
Dangerous Interpretations Of The Precautionary Principle And The Foundational Values Of European Union Food Law: Risk Versus Risk, Miguel A. Recuerda
Journal of Food Law & Policy
In their ordinary lives, many people try to avoid any situation involving risk that could cause themselves harm. On the otherhand, others assume risk with greater facility because they are not sufficiently aware of it, or because they know that the probability of resulting damage is very low. Overwhelming worry in the face of any kind of risk would be paralyzing (we would not leave the house, eat in any restaurant outside of our home, drive, or fly). On the contrary, an attitude absolutely heedless of risks would end up causing innumerable damages, some of them irreparable. Common sense suggests …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
An Education Theory Of Fault For Autonomous Systems, William D. Smart, Cindy M. Grimm, Woodrow Hartzog
An Education Theory Of Fault For Autonomous Systems, William D. Smart, Cindy M. Grimm, Woodrow Hartzog
Notre Dame Journal on Emerging Technologies
Automated systems like self-driving cars and “smart” thermostats are a challenge for fault-based legal regimes like negligence because they have the potential to behave in unpredictable ways. How can people who build and deploy complex automated systems be said to be at fault when they could not have reasonably anticipated the behavior (and thus risk) of their tools? Part of the problem is that the legal system has yet to settle on the language for identifying culpable behavior in the design and deployment for automated systems. In this article we offer an education theory of fault for autonomous systems—a new …
Market Myopia's Climate Bubble, Madison Condon
Market Myopia's Climate Bubble, Madison Condon
Faculty Scholarship
A growing number of financial institutions, ranging from BlackRock to the Bank of England, have warned that markets may not be accurately incorporating climate change-related risks into asset prices. This Article seeks to explain how this mispricing can exist at the level of individual assets drawing from scholarship on corporate governance and the mechanisms of market (in)efficiency. Market actors: 1. Lack the fine-grained asset-level data they need in order to assess risk exposure; 2. Continue to rely on outdated means of assessing risk; 3. Have misaligned incentives resulting in climate-specific agency costs; 4. Have myopic biases exacerbated by climate change …
How To Sue An Asue? Closing The Racial Wealth Gap Through The Transplantation Of A Cultural Institution, Cyril A.L. Heron
How To Sue An Asue? Closing The Racial Wealth Gap Through The Transplantation Of A Cultural Institution, Cyril A.L. Heron
Michigan Journal of Race and Law
Asues, academically known as Rotating Savings and Credit Associations (or ROSCAs for short), are informal cultural institutions that are prominent in developing countries across the globe. Their utilization in those countries provide rural and ostracized communities with a means to save money and invest in the community simultaneously. Adoption of the asue into the United States could serve as the foundation by which to close the racial wealth gap. Notwithstanding the benefits, wholesale adoption of any asue model runs the risk of cultural rejection because the institution is foreign to the African American community.
Drawing upon principles of cultural and …
The Ethics Of Research That May Disadvantage Others, Christopher Robertson
The Ethics Of Research That May Disadvantage Others, Christopher Robertson
Faculty Scholarship
In prospective interventional research, a treatment may provide an advantage for the recipient over other humans not receiving it. If the intervention proves successful, the treated are better able to compete for a scarce ventilator, a class grade, or a litigation outcome, potentially risking the deaths, jobs, or incomes of non-treated persons. The concerns for “bystanders” have typically focused on direct harms (e.g., infecting them with a virus), unlike the mere competition for rivalrous goods at issue here.
After broadly scoping this problem, analysis reveals several reasons that such research is typically permissible, notwithstanding the potential setbacks to the interests …
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Protecting Third Parties In Contracts, Kishanthi Parella
Protecting Third Parties In Contracts, Kishanthi Parella
Scholarly Articles
Corporations routinely impose externalities on a broad range of non-shareholders, as illustrated by several unsuccessful lawsuits against corporations involving forced labor, human trafficking, child labor, and environmental harms in global supply chains. Lack of legal accountability subsequently translates into low legal risk for corporate misconduct, which reduces the likelihood of prevention. Corporate misconduct toward non-shareholders arises from a fundamental inconsistency within contract law regarding the status of third parties: On the one hand, we know that it takes a community to contract. Contracting parties often rely on multiple third parties—not signatories to the contract—to play important roles in facilitating exchange, …
Mandating Disclosure Of Climate-Related Financial Risk, Madison Condon, Sarah Ladin, Jack Lienke, Michael Panfil, Alexander Song
Mandating Disclosure Of Climate-Related Financial Risk, Madison Condon, Sarah Ladin, Jack Lienke, Michael Panfil, Alexander Song
Faculty Scholarship
Climate change presents grave risk across the U.S. economy, including to corporations, their investors, the markets in which they operate, and the American public at large. Unlike other financial risks, however, climate risk is not routinely disclosed to the public. Insufficient corporate disclosures have persisted despite the Securities and Exchange Commission’s (“SEC”) issuance of regulatory guidance on the topic, the emergence of voluntary disclosure frameworks and standards, and growing calls from major investors for improved disclosure. Given the inadequacy of the current regime, the SEC should take further action to fulfill its statutory mandate to protect investors and promote efficiency, …