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Articles 31 - 43 of 43
Full-Text Articles in Law
Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick
Judge Victor Marrero’S Challenge To The Legal Profession: A ‘Little Rebellion Now And Then’, John D. Feerick
Faculty Scholarship
No abstract provided.
Opportunity Makes A Thief: Corporate Opportunities As Legal Transplant And Convergence In Corporate Law, Martin Gelter, Geneviève Helleringer
Opportunity Makes A Thief: Corporate Opportunities As Legal Transplant And Convergence In Corporate Law, Martin Gelter, Geneviève Helleringer
Faculty Scholarship
The paper surveys the corporate opportunities doctrine in four jurisdictions: the US, the UK, Germany, and France. Our analysis enables us to trace the development of the doctrine, exposing the way in which certain models of dealing with a particular issue have arisen, and how these models have then spread. Fiduciary duties are often today held out as typical instruments of shareholder protection in the US and the UK, both of which are often held out as model jurisdictions in corporate governance internationally. However, fiduciary duties in these two jurisdictions often operate in strikingly different ways. While the US relies …
The Right To Two Criminal Defense Lawyers, Bruce A. Green
The Right To Two Criminal Defense Lawyers, Bruce A. Green
Faculty Scholarship
No abstract provided.
‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene
‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene
Faculty Scholarship
We have a constitutional right against the state forcing us to be associated with expression with which we do not wish to be associated. The freedom of expressive association is not stated in our Constitution’s text. Rather, it is derived from various provisions of the First Amendment. As the freedom of speech protects, among other things, our right to shape how we present ourselves to the world, so does the freedom of expressive association protect us from the state shaping us by connecting us to ideas not of our choosing. Our freedom of expressive association allows us to claim an …
The Criminal Jury, Moral Judgments, And Political Representation, Youngjae Lee
The Criminal Jury, Moral Judgments, And Political Representation, Youngjae Lee
Faculty Scholarship
Was the sexual act consensual? Did the defendant have a reasonable belief that he was in imminent danger of death by an attacker? Did the police use excessive force? Did the defendant act in a heinous or cruel manner? Did the defendant act with depraved indifference to human life? These are some of the questions that criminal juries encounter. Determinations of such questions involve a combination of factual and moral questions, both questions about what happened and questions about the evaluative significance of what happened. This feature of the criminal jury—that the jury routinely decides normative questions—is frequently noted but …
Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John F. Pfaff
Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John F. Pfaff
Faculty Scholarship
No abstract provided.
The Social Meaning Of The Tax Cuts And Jobs Act, Linda Sugin
The Social Meaning Of The Tax Cuts And Jobs Act, Linda Sugin
Faculty Scholarship
This Essay exposes the moral messages implicit in the Tax Cuts and Jobs Act (TCJA). It argues that the legislation reflects values that were not openly debated or discussed in the legislative process, but are crucial to the distributional effects of the law. The TCJA reduces progressivity and increases deficits because it favors traditional families, prefers capital to labor income, treats people as detached from each other, makes charity the narrow concern of the rich, and privileges the acquisition of assets. Fairness in taxation depends on explicitly identifying social values that produce economic justice and purposely designing the law to …
Fiduciary Loyalty, Inside And Out, Stephen R. Galoob, Ethan J. Leib
Fiduciary Loyalty, Inside And Out, Stephen R. Galoob, Ethan J. Leib
Faculty Scholarship
No abstract provided.
Confessions Of Womanhood, Geeta Tewari
The Empirical Turn In Family Law, Clare Huntington
The Empirical Turn In Family Law, Clare Huntington
Faculty Scholarship
No abstract provided.
Finding Franklin, Marc Arkin
Cities As A Source Of Consumers’ Financial Empowerment, Susan Block-Lieb
Cities As A Source Of Consumers’ Financial Empowerment, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Patent Clutter, Janet Freilich
Patent Clutter, Janet Freilich
Faculty Scholarship
Patent claims are supposed to clearly and succinctly describe the patented invention, and only the patented invention. This Article hypothesizes that a substantial amount of language in patent claims is in fact not about the core invention, which may contribute to well-documented problems with patent claims. I analyze the claims of 40,000 patents and applications, and document the proliferation of “clutter”—language in patent claims that is not about the invention. Although claims are supposed to be exclusively about the invention, clutter appears across industries and makes up approximately 25% of claim language. Patent clutter may contribute several major problems in …