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Full-Text Articles in Law
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Steven Davidoff Solomon
One big focus of attention, criticism, and proposals for reform in the aftermath of the 2008 financial crisis has been securities disclosure. Many commentators have emphasized the complexity of the securities being sold, arguing that no one could understand the disclosure. Some observers have noted that disclosures were sometimes false or incomplete. What follows these issues, to some commentators, is that, whatever other lessons we may learn from the crisis, we need to improve disclosure. How should it be improved? Commentators often lament the frailties of human understanding, notably including those of everyday retail investors—people who do not understand or …
Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade
Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade
John Wade
This paper will briefly discuss the following: • A catalogue of the EANTs in use in negotiation and litigation. • How common are these behaviours amongst lawyers? • What are the attempted controls (or not) of these EANTs in different cultures?---market isolation, law, and “ethics”? • Focussing on attempted ethical controls, what are the five (often overlapping) historic schools of “ethics”? • Which school of “ethics” do various written codes of law societies predominantly reflect? –answer: pragmatism and self interest. • If the epidemic of EANTs needs to be reduced, should pragmatism and self interest be taught and modelled more …
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson
Dr Matilda Arvidsson
Based on an autoethnographical study of the office of the tingsnotarie this article questions the relation between the ethical self and the act of taking up a judicial office, employing the question of how I can live with (my) law. While the office and the ethical self are kept apart, often by recourse to persona, I make a case for the attendance to the self in examinations of ethical responsibility when pursuing an office of law. I propose that the garden, and in particular the practices and notions of (en)closure, (loss of) direction, cultivation, (dis)order, authorship and care-for-the-other which are …
Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison
Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison
Shaun Jamison
Continuing legal education (CLE or MCLE) is one way to help lawyers stay current with substantive law, skills, and prepare for potentially dramatic and fast moving changes to the practice of law. This paper examines one year of continuing legal education approved for credit in Minnesota. While Minnesota attorneys enjoy access to over 10,000 CLE courses in a variety of timely topics, there are opportunities to improve. In order to best address the rapid and dramatic change in the legal field, a more favorable regulation of law office management CLEs is required. More flexible regulation and partnerships between CLE providers, …