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Articles 31 - 60 of 83
Full-Text Articles in Law
The Role Of Government In Corporate Governance, Cary Coglianese, Elizabeth K. Keating, Michael L. Michael, Thomas J. Healey
The Role Of Government In Corporate Governance, Cary Coglianese, Elizabeth K. Keating, Michael L. Michael, Thomas J. Healey
All Faculty Scholarship
Numerous corporate scandals in the past several years have fueled widespread debate over proposals for government action. The central challenge for government is how to restore corporate integrity and market confidence without overreacting and stifling the dynamism that underlies a strong economy. To examine this challenge, the Center for Business and Government's Regulatory Policy Program organized a conference in May 2004 on The Role of Government in Corporate Governance. The conference brought together government officials, business leaders, and academic researchers to discuss three fundamental public policy issues raised by recent corporate abuses. First, who should regulate corporate management - government …
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
All Faculty Scholarship
No abstract provided.
Constitutional Decision Rules, Mitchell N. Berman
Constitutional Decision Rules, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons
Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons
Articles by Maurer Faculty
Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …
Courts As Forums For Protest, Jules Lobel
Courts As Forums For Protest, Jules Lobel
Articles
For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The reform upsurge of the 1960s and 1970s led many to argue that courts are not merely forums to settle private disputes, but can also be used as instruments of societal change. Academics termed the emerging model the hein"public law" or "institutional reform" model.
The ongoing debate between these two views of the judicial role has obscured a third model of the role …
Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman
Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman
All Faculty Scholarship
In Pierce County v. Guillen, the Supreme Court's most recent Commerce Clause decision, the Court upheld a federal law that protects information compiled or collected by states and localities in connection with federal highway safety programs from being discovered or admitted into evidence in state or federal trials. A short and unanimous decision, Guillen has gone almost entirely unnoticed. This article aims to rectify that oversight. Very simply, Guillen is not the gimme that its length, tone, and reception all conspire to suggest. At the heart of the case is a puzzle. And attempts to unravel that puzzle may substantially …
Human Rights And National Security: The Strategic Correlation, William W. Burke-White
Human Rights And National Security: The Strategic Correlation, William W. Burke-White
All Faculty Scholarship
No abstract provided.
Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile
Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile
All Faculty Scholarship
The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …
Humanity And The Law, Geoffrey C. Hazard Jr.
Humanity And The Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Ripstein, Rawls, And Responsibility, Stephen R. Perry
Ripstein, Rawls, And Responsibility, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
All Faculty Scholarship
No abstract provided.
Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati
All Faculty Scholarship
No abstract provided.
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
All Faculty Scholarship
Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …
On Proof Of Preferential Effect, Rafael I. Pardo
On Proof Of Preferential Effect, Rafael I. Pardo
Scholarship@WashULaw
This Article presents a comprehensive analysis of the manner in which the trustee of a debtor's estate may satisfy his burden of proof to demonstrate the preferential effect of a prebankruptcy transfer from a debtor to a creditor. The proposed framework, if adhered to by courts, will create a uniformity that gives preference law its proper reach and thereby reinforces its primary goal: equal treatment of similarly situated creditors (the equality principle). After examining the historical developments that have made a trustee's evidentiary burden administratively less complex, the Article discusses the Ninth Circuit's decision in Batlan v. TransAmerica Commercial Finance …
The New Federal Regulation Of Corporate Governance, Jill E. Fisch
The New Federal Regulation Of Corporate Governance, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Ua12/8 Annual Crime Awareness & Campus Security Report, Wku Police
Ua12/8 Annual Crime Awareness & Campus Security Report, Wku Police
WKU Archives Records
A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports. Includes statistics on the types of crimes which were reported from 2001-2003.
"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.
"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson
Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt
Journal of Criminal Law and Criminology
No abstract provided.
Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff
Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff
Journal of Criminal Law and Criminology
No abstract provided.
Lockyer V. Andrade: California Three Strikes Law Survives Challenge Based On Federal Law That Is Anything But Clearly Established, Doyle Horn
Journal of Criminal Law and Criminology
No abstract provided.
Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen
Journal of Criminal Law and Criminology
No abstract provided.
Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson
Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Sentencing Reform Lessons: From The Sentencing Reform Act Of 1984 To The Feeney Amendment, Robert Howell
Sentencing Reform Lessons: From The Sentencing Reform Act Of 1984 To The Feeney Amendment, Robert Howell
Journal of Criminal Law and Criminology
No abstract provided.
I Know Economic Activity When I See Economic Activity: An Operational Overhaul Of The Measure By Which Federal Criminal Conduct Is Deemed Economic, Paul Tzur
Journal of Criminal Law and Criminology
No abstract provided.