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Full-Text Articles in Law

When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas Howson Dec 2015

When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas Howson

Nicholas Howson

In the aftermath of the global financial crisis of 2008–2009, investors, analysts, legislators, and pundits have spotlighted “good” or “improved” corporate governance as a remedy for all that presently ails us. It is one remedy in a long wish list that includes tougher requirements for risk capital, liquidity, and leverage; compensation and bonus reform; reimposition ofthe Glass-Steagall-like separation of bank “utility” and “casino” functions; the downsizing or breakup of institutions deemed “too big to fail;” enhanced consumer protection; securities law liability for secondary violators (like credit rating agencies); direct taxation of proprietary trading; “macroprudential” regulation; and new transparency requirements for …


All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.


The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson Jun 2015

The Present King Of France Is Feeble-Minded: The Logic And History Of The Continuum Of Placements For People With Intellectual Disabilities, Philip Ferguson

Philip M. Ferguson

This chapter focuses on the logic and history of the continuum of placements for people with intellectual disabilities.


Criminal Case File, State V. O'Neill, James Seckinger Jun 2015

Criminal Case File, State V. O'Neill, James Seckinger

James H. Seckinger

No abstract provided.


More D (Deliberation) For California’S Dd (Direct Democracy): Enhancing Voter Understanding And Promoting Deliberation Through Streamlined Notice-And-Comment Procedures, Glenn Smith Mar 2015

More D (Deliberation) For California’S Dd (Direct Democracy): Enhancing Voter Understanding And Promoting Deliberation Through Streamlined Notice-And-Comment Procedures, Glenn Smith

Glenn C. Smith

This article seeks to enhance public consideration of the pros and cons of streamlining California's informal-administrative-rulemaking procedures for reforming the state's direct democracy. To provide a concrete focus for discussion and quick adoption, Appendix I includes proposed amendments to existing California statutory provisions. This article provides a context for considering the proposed legislation by elaborating on five questions: Why Deliberation? (Part I): In this Part, the Article makes the case, both on the substantive merits and on practical political grounds, for focusing on deliberation-enhancement as the best "next wave" of initiative reform.8 Why the Administrative Model? (Part II): This Part …


Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen Dec 2014

Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen

Dee Pridgen

The consumer protection statutes of every state are currently under attack by a proposed model law that would effectively eliminate the critical private enforcement provisions that give these laws their power. The American Legislative Exchange Council (ALEC) has produced a purported law reform vehicle that is actually a wrecking ball to destroy one of the building blocks of consumer protection, namely the private enforcement of state unfair and deceptive practices acts. It does this by systematically weakening each and every provision of these laws, such as lower burdens of proof, special damages, and attorney’s fees, that were designed to provide …


The Safety For Human-Robot Co-Existing: On New Iso 13482 Safety Standard For Service Robots, Yueh-Hsuan Weng, Gurvinder Virk, Shuping Yang Dec 2014

The Safety For Human-Robot Co-Existing: On New Iso 13482 Safety Standard For Service Robots, Yueh-Hsuan Weng, Gurvinder Virk, Shuping Yang

Yueh-Hsuan Weng

Unlike current existing industrial robots’ safety standards, the new ISO 13482 Safety Standard for Personal Care Robots will be the first robot safety standard made by ISO international organization for standardization which allows robots and humans to touch each other, share the same space and provide the services to human beings. The new ISO 13482 safety standard includes (1) Mobile Servant Robots; (2) Person Carrier Robots; (3) Physical Assistant Robots as the three main categories of safety requirements. Furthermore, the “Safety for Human-Robot Co-Existing” could also bring structural and influential impact for next generation robots’ safety certification、product liability、ethics and insurance …