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Full-Text Articles in Law
A Crumbling Pyramid: How The Evolving Jurisprudence Defining Employee Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink
UC Law Business Journal
Under the Age Discrimination in Employment Act, as well as other federal anti-discrimination laws, only "employees" as defined by the statute are permitted to sue. In recent years, the U.S. Supreme Court and lower courts have provided guidance regarding when partners in large law firms might be deemed "employees" protected by these laws. What has emerged from the courts' decisions in these cases is a test that places significant emphasis on the amount of power and control that a partner has within a firm: Partners deemed to lack a sufficient amount of power and control within their firms may be …
The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed
The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed
UC Law Business Journal
This paper analyzes federal law on the issue of whether consumers of mortgage products can sue as a class to rescind a mortgage loan under the Truth in Lending Act. Embedded in this question are deeper economic issues about the cost and availability of credit in the United States, and about who should bear the risk of faulty mortgage disclosures. The Truth in Lending Act governs these matters as an existing statutory scheme that provides pre-bankruptcy and pre-default remedies to consumers of credit.
Should I Stay Or Should I Go - Covenants Not To Compete In A Down Economy: A Proposal For Better Advocacy And Better Judicial Opinions, Kate O'Neill
UC Law Business Journal
This article is an effort to think about covenants not to compete from a theoretical and practical standpoint. Employee covenants not to compete generate a lot of legal disputes perhaps, in part, because they often bite when an employment relationship is already on the rocks and then they extend their restraints out past the time of any productive exchange between the parties. Employee covenants not to compete also generate scores of academic articles because there are always new cases to write about and because covenants dwell on a fault line that runs between freedom of contract and substantive control over …
Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz
Confusing Bundling With Tying Under Article 82 Ec: Batteries Included Or It Only Comes With Fries, Robert M. Schwartz
UC Law Business Journal
"Bundling" and "tying" are terms commonly used to describe business practices engaged in by undertakings at every level of economic power. In nine separate instances the Court of First Instance in its Microsoft Decision held that the Commission had established Microsoft Corporation's practice of "abusive bundling"(the first time a Community Court had used the term). The CFI also upheld the Commission's findings by indiscriminately referring to them as either "tying" or "bundling" and justifying the result because it "can be deduced both from the very concept of bundling and from the case-law...". Shortly after the Commission issued its Guidance on …
The 1996 Arbitration And Conciliation Act: A Step Toward Improving Arbitration In India, Harpreet Kaur
The 1996 Arbitration And Conciliation Act: A Step Toward Improving Arbitration In India, Harpreet Kaur
UC Law Business Journal
This paper evaluates India's 1996 Arbitration and Conciliation Act and makes three points. First, it demonstrates that the Act improved the arbitration process since judicial intervention only occurs when necessary to police the process and to resolve and interpret ambiguities about Parliament's intent. Second, in spite of being a substantial improvement, the process can be even more effective in expediting the process with a few revisions. Arbitration in India can further improve if the arbitral tribunal had a more active role in dispute resolution. Finally, revising the act to only allow institutional arbitration is crucial for parties and attorneys to …
Four Key Elements To Successful Financial Regulatory Reform, Reza Dibadj
Four Key Elements To Successful Financial Regulatory Reform, Reza Dibadj
UC Law Business Journal
The most recent crisis on Wall Street presents our nation with an extraordinary opportunity to begin a conversation about the economic and social policies that have led to the financial meltdown we have witnessed over the past few years. In keeping with the timely and crucial theme of the Hastings Business Journal's 2009 Symposium, this Article does not chronicle the crisis, but rather focuses on the lessons it might hold in getting "beyond the bailout." To mitigate, or perhaps even avoid, future disasters I argue that policymakers should focus on remedying four pernicious facilitators to scandal: dissemination of untruthful or …
Evolution And Effectiveness Of Independent Directors In Indian Corporate Governance, Umakanth Varottil
Evolution And Effectiveness Of Independent Directors In Indian Corporate Governance, Umakanth Varottil
UC Law Business Journal
The purpose of this Article is two-fold: (i) to identify the rationale for the emergence of independent directors by tracing their evolution in the U.S. and the U.K. where they originated; and (ii) to examine the transplantation of that concept into India with a view to evaluating the effectiveness of independent directors in that country. This Article finds that there are significant differences in the corporate ownership structures and legal systems between the countries of origin of independent directors on the one hand and India on the other. Due to the diffused shareholding structures in the U.S. and the U.K., …
Every Rose Has Its Thorn: A New Approach To Deaccession, Andrew W. Eklund
Every Rose Has Its Thorn: A New Approach To Deaccession, Andrew W. Eklund
UC Law Business Journal
In January 2009, Brandeis University announced that it planned to sell off the entire art collection of the Rose Art Museum. The purpose of this Note is to compare the situation at Brandeis against three previously-suggested methods of dealing with "deaccession," the sale of artwork by museums, and to suggest a fourth, hybrid approach to deaccession. The approach takes elements of the other models, and based on the American Association of Museum's Code of Ethics for Museums, proposes a new standard. Part I gives an overview of the American Association of Museum's Code of Ethics for Museums and a brief …
Litigation And Recoupment Of Executive Compensation, Stephanie L. Soondar, Allen Major, Candace Hines
Litigation And Recoupment Of Executive Compensation, Stephanie L. Soondar, Allen Major, Candace Hines
UC Law Business Journal
Merrill Lynch suffered fourth quarter losses of $9.8 billion dollars in 2008. Simultaneous to its $50 billion federally aided acquisition by Bank of America, Merrill was given the green light by Bank of America to pay as much as $5.6 billion dollars in incentive compensation. The legal fallout regarding the losses and the bonuses has been dramatic by any standard. As a separate drama, Troubled Asset Relief Program Special Master Kenneth Feinberg has been a constant presence in the media throughout 2009, ruling on compensation proposals at companies that received federal financing. Contemporaneously, the legal and business communities are curiously …
Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld
Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld
UC Law Business Journal
While the value of paparazzi-driven journalism is very low, it would be a detriment to the public if paparazzi regulations would potentially limit, or even have a chilling effect on valuable investigative news, merely because there were similar ways the two acquired information. Certain newsgathering torts permit one to consider the newsworthiness, and hence public interest of the stories in question in evaluating the claim. Just as a driver who runs a red light on the way to visit a sick relative in the hospital has still broken the law, if a reporter breaks the more stringent regulations imposed on …
The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee
The Governance Of Contemporary Sovereign Wealth Funds, Yvonne C. L. Lee
UC Law Business Journal
Recent contemporary sovereign wealth funds developments, viewed against the historical backdrop of international law and practice, particularly foreign investment law and practice, underscore the inter-action between economics, law and politics. This article first introduces the issues that have emerged as a result of sovereign wealth funds contemporary investments and observes how sovereign wealth funds and recipient countries have reacted to these developments. It proposes a model of sovereign wealth fund governance based on consultation, cooperation and coordination. This model draws on the experience of current deliberative fora such as the G20 summits and the International Working Group of Sovereign Wealth …
Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh
Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh
UC Law Business Journal
This study tests Marc Galanter's theory in his work entitled Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change. In his article, Galanter argues that classes of litigants with the greatest resources and the lowest relative risk in litigation have the highest rates of success in court. Galanter explains his theory by categorizing litigants as either repeat players or oneshotters. Repeat players consist of litigants who generally have the most resources and the lowest relative risk, and one-shotters consist of litigants who generally have the least resources and the greatest relative risk. To test his theory, …