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Articles 1 - 30 of 32
Full-Text Articles in Law
Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel
Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Enterprise Of Liability, Anita Bernstein
The Enterprise Of Liability, Anita Bernstein
Faculty Scholarship
No abstract provided.
Taking Pop-Ups Seriously: The Jurisprudence Of The Infield Fly Rule, Neil B. Cohen, S. W. Waller
Taking Pop-Ups Seriously: The Jurisprudence Of The Infield Fly Rule, Neil B. Cohen, S. W. Waller
Faculty Scholarship
No abstract provided.
Fiduciary Duties Of Directors In The Context Of Going-Private Transactions To The Minority Shareholders Under Delaware Law, Yuan Wang
LLM Theses and Essays
This thesis discusses the different fiduciary duties and standards of review imposed by Delaware laws on the directors to the minority shareholders in the going-private transactions structured either as a merger or as a tender offer voluntarily initiated by the controlling In the context of a merger, the disinterested and independent directors will face a duty of care and be subject to the business judgment rule. For the interested or dependent directors, they will bear a duty of loyalty and be bound to the entire fairness standard accordingly. In the case of a tender offer, currently the Delaware courts impose …
Bush The Elder Knew Not To Invade Iraq, Eugene A. Brodsky
Bush The Elder Knew Not To Invade Iraq, Eugene A. Brodsky
Publications
No abstract provided.
Growing Greener Grass: Looking From Legal Ethics To Business Ethics, And Back, Rob Atkinson
Growing Greener Grass: Looking From Legal Ethics To Business Ethics, And Back, Rob Atkinson
Scholarly Publications
No abstract provided.
Connecting Business Ethics And Legal Ethics For The Common Good: Come, Let Us Reason Together, Rob Atkinson
Connecting Business Ethics And Legal Ethics For The Common Good: Come, Let Us Reason Together, Rob Atkinson
Scholarly Publications
No abstract provided.
The Death Of Secured Lending, Edward J. Janger
The Death Of Secured Lending, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Reliance Interest In Insolvency Law: A Response To Harris And Mooney, Edward J. Janger
The Reliance Interest In Insolvency Law: A Response To Harris And Mooney, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen
The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen
Publications from President Jonathan G.S. Koppell
This article presents evidence of name-order effects in balloting from a study of the 1998 Democratic primary in New York City, in which the order of candidates' names was rotated by precinct. In 71 of 79 individual nominating contests, candidates received a greater proportion of the vote when listed first than when listed in any other position. In seven of those 71 contests, the advantage to first position exceeded the winner's margin of victory, suggesting that ballot position would have determined the election outcomes if one candidate had held the top spot in all precincts.
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Introduction: Fordham Sports Law Forum, William Michael Treanor
Introduction: Fordham Sports Law Forum, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Introduction to the Fordham Sports Law Forum at Fordham University School of Law.
Since its founding in 1996, the Fordham Sports Law Forum has attracted numerous distinguished speakers to the school who have graciously shared their expertise and insight into the intersecting worlds of sports, law, and business. These participants have greatly enriched and invigorated the academic environment for many of your students and have made this venue one of the highlights of the academic year.
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Articles
Information is the lifeblood of regulatory policy. The effective use of governmental power depends on information about conditions in the world, strategies for improving those conditions, and the consequences associated with deploying different strategies. Indeed, this need for information has led legislatures to create specialized committee structures, delegate policy authority to expert agencies, and develop administrative procedures that encourage analysis. Although legal scholars have extensively debated procedures and reforms designed to improve the analytic and scientific basis of regulatory policymaking, they have paid relatively little attention to how regulators gain the information they need for making and implementing regulatory policy. …
Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider
Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Sarbanes-Oxley Act § 307 And Corporate Counsel: Who Better To Prevent Corporate Crime?, Peter J. Henning
Sarbanes-Oxley Act § 307 And Corporate Counsel: Who Better To Prevent Corporate Crime?, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
Scholarly Works
This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. …
Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse
Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse
Scholarly Works
Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to engage in consensus-building dialogue around contested issues.
However, while …
Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse
Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse
Scholarly Works
Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's …
Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley
Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley
Scholarly Works
To cope more effectively with the changed landscape of child exploitation, it is necessary for laws to expand their extraterritorial reach. Some statutes in the “child exploitation arena” have already been ruled to apply extraterritorially. The prime example of this is 18 U.S.C. § 2252 (2004) (certain activities relating to the material involving the sexual exploitation of minors). Two of the more useful statutes in combating online pedophiles are 18 U.S.C. § 1470 (2003) (transfer of obscene materials to minors) and 18 U.S.C. § 2422 (2003) (coercion and enticement). These latter statutes, however, have yet to receive significant or …
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Scholarly Works
No abstract provided.
Fear, Irrationality, And Risk Perception, Henry L. Chambers, Jr.
Fear, Irrationality, And Risk Perception, Henry L. Chambers, Jr.
Law Faculty Publications
This brief commentary makes two points. The first is that fear can play multiple roles in any decision-making process. The second is that accurately determining whether reactions to fear are irrational is a complex task. Though neither point necessarily requires that symposium participants abandon their positions, together they suggest that extreme care is necessary in developing policy prescriptions based on the claim that fear can trigger irrationality.
Introduction: The New Economy And The Unraveling Social Safety Net, Elizabeth M. Schneider
Introduction: The New Economy And The Unraveling Social Safety Net, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Pernicious Ambiguity In Contracts And Statutes, Lawrence Solan
Pernicious Ambiguity In Contracts And Statutes, Lawrence Solan
Faculty Scholarship
No abstract provided.
Trager Symposium: Our New Federalism? National Authority And Local Autonomy In The War On Terror: Introduction, Susan Herman
Trager Symposium: Our New Federalism? National Authority And Local Autonomy In The War On Terror: Introduction, Susan Herman
Faculty Scholarship
No abstract provided.
Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto
Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto
Faculty Scholarship
No abstract provided.
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Faculty Scholarship
No abstract provided.