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Articles 1 - 30 of 45
Full-Text Articles in Law
"Greening" The Constitution - Harmonizing Environmental And Constitutional Values, Robert V. Percival
"Greening" The Constitution - Harmonizing Environmental And Constitutional Values, Robert V. Percival
Faculty Scholarship
No abstract provided.
Campaign Finance Disclosure And Section 527 Of The Code: A Look At The District Court's Opinion In National Federation Of Republican Assemblies, Donald B. Tobin
Campaign Finance Disclosure And Section 527 Of The Code: A Look At The District Court's Opinion In National Federation Of Republican Assemblies, Donald B. Tobin
Faculty Scholarship
This report examines the decision of the U.S. District Court for the Southern District of Alabama in National Federation of Republican Assemblies v. United States, which dealt with section 527 political organizations.
Choice Of Entity For A Venture Capital Start-Up: The Myth Of Incorporation, Daniel S. Goldberg
Choice Of Entity For A Venture Capital Start-Up: The Myth Of Incorporation, Daniel S. Goldberg
Faculty Scholarship
No abstract provided.
Form Over Substance?: Officer Certification And The Promise Of Enhanced Personal Accountability Under The Sarbanes-Oxley Act, Lisa M. Fairfax
Form Over Substance?: Officer Certification And The Promise Of Enhanced Personal Accountability Under The Sarbanes-Oxley Act, Lisa M. Fairfax
Faculty Scholarship
This article argues that the requirement under the Sarbanes-Oxley Act (the “Act”) that particular officers certify the accuracy of the financial information contained in their company’s periodic reports fails to alter significantly existing standards of liability for officers who signed or approved such reports prior to the Act’s passage. This failure creates cause for concern about the Act’s potential to meet its objectives. Indeed, the certification requirement represents one of the Act’s principal symbols of officer personal accountability. By demonstrating that the requirement may only be symbolic, my article questions whether the Act can impact the behavior of corporate officers, …
Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg
Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg
Faculty Scholarship
In this article, the authors discuss the Maryland Court of Appeals decision in the case of Grimes v. Kennedy Krieger Institute, Inc. and its implications for the tort duty owed by researchers, in particular public health researchers, to their subjects. The Opinion resulted from two lawsuits alleging lead poisoning of children enrolled in a study conducted by the Kennedy Krieger Institute, a world renown pediatric research and treatment facility. The opinion shocked the research establishment with its scathing characterization of researchers and its apparent holding that in Maryland a parent cannot consent to the participation of a child in "nontherapeutic …
Jlanli Zhongguo De Jianshe Luyue Baozheng Tixi [Establishing China's Construction Performance Bond System], Daniel J. Mitterhoff
Jlanli Zhongguo De Jianshe Luyue Baozheng Tixi [Establishing China's Construction Performance Bond System], Daniel J. Mitterhoff
Faculty Scholarship
No abstract provided.
Form And Function In Business Organizations, Richard A. Booth Marbury Research Professor Of Law
Form And Function In Business Organizations, Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
In this piece, I argue that the recent proliferation of forms of business organizations in addition to the traditional partnership and corporation may have arisen from the implicit recognition that various organizations may serve needs of business people in different types of businesses, and that traditional theory of the firm explanations are too narrowly focused on market failure explanations for firm formation. I identify at least five different factors that may motivate people to form a business organization and discuss how these different factors may militate in favor of one business form rather than another. I conclude that the collections …
U.S. Unilateralism And The International Protection Of Religious Freedom: The Multilateral Alternative, Peter G. Danchin
U.S. Unilateralism And The International Protection Of Religious Freedom: The Multilateral Alternative, Peter G. Danchin
Faculty Scholarship
This article considers the tension in U.S. foreign policy between unilateral and multilateral approaches to the promotion and protection of religious freedom. In particular, it analyzes the recently enacted International Religious Freedom Act of 1998 that seeks to enforce international human rights norms through the imposition of unilateral sanctions on foreign countries that deny religious freedom and persecute religious groups. The Article suggests that this approach stands in an uneasy relationship with existing international and regional human rights regimes and institutions. It argues that as an instrument of foreign policy, the Act is vulnerable to politicization and abuse of the …
The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young
Faculty Scholarship
No abstract provided.
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
Faculty Scholarship
No abstract provided.
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli
Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
The Condorcet Jury Theorem And Judicial Decisionmaking: A Reply To Saul Levmore, Maxwell L. Stearns
The Condorcet Jury Theorem And Judicial Decisionmaking: A Reply To Saul Levmore, Maxwell L. Stearns
Faculty Scholarship
In Ruling Majorities and Reasoning Pluralities, Professor Saul Levmore explores the "division of labor" between the various thresholds of agreement required for collective action - supermajority, simple majority, or plurality rule. His particular emphasis is on the choice between the last two options. To improve our understanding of this choice in various settings, Professor Levmore considers the relationship between two well-known contributions to the study of group decisionmaking, namely, the Condorcet Jury Theorem and the Condorcet Criterion, which have not generally been treated together. This essay explores the relationship between these two insights in the context of judicial decisionmaking. Counterintuitively, …
Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr
Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr
Faculty Scholarship
No abstract provided.
Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton
Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton
Faculty Scholarship
No abstract provided.
Road Warriors: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Road Warriors: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien
Faculty Scholarship
No abstract provided.
Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen
Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen
Faculty Scholarship
No abstract provided.
The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung
The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon
Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Faculty Scholarship
No abstract provided.
'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor
'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Toward Better Bubbles And Future Lives: A Progressive Response To The Conservative Agenda For Reforming Environmental Law, Rena I. Steinzor
Toward Better Bubbles And Future Lives: A Progressive Response To The Conservative Agenda For Reforming Environmental Law, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
The Unplanned Obsolescence Of American Legal Education, Rena I. Steinzor, Alan D. Hornstein
The Unplanned Obsolescence Of American Legal Education, Rena I. Steinzor, Alan D. Hornstein
Faculty Scholarship
No abstract provided.
Bad Science, Linda Greer, Rena I. Steinzor
Before It's Too Late- Addressing Fear Of Genetic Information, Karen H. Rothenberg, Sharon F. Terry
Before It's Too Late- Addressing Fear Of Genetic Information, Karen H. Rothenberg, Sharon F. Terry
Faculty Scholarship
No abstract provided.
Doing Well While Doing Good: Reassessing The Scope Of Directors' Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa M. Fairfax
Doing Well While Doing Good: Reassessing The Scope Of Directors' Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa M. Fairfax
Faculty Scholarship
This article explores corporate fiduciary duties in the context of for-profit companies that operate in traditionally non-profit spheres. The rise in “privatization”—a conversion from certain businesses being operated by nonprofit and government entities to operation by for-profit companies—has sparked considerable opposition, particularly when it occurs within industries that deliver some societal good such as health care or education. Opponents claim that for-profit companies cannot pay heed to their social or charitable commitments because they must focus on generating profits. In a related debate, many corporate scholars disagree about the proper aim of the corporation—with some insisting that it should serve …
The Sarbanes-Oxley Act As Confirmation Of Recent Trends In Director And Officer Fiduciary Obligations, Lisa M. Fairfax
The Sarbanes-Oxley Act As Confirmation Of Recent Trends In Director And Officer Fiduciary Obligations, Lisa M. Fairfax
Faculty Scholarship
This Article argues that, instead of dramatically altering the responsibilities of corporate officers and directors, Sarbanes-Oxley confirms at least some case law and other recent articulations of management’s fiduciary duty. At a minimum, recent allegations regarding corporate misconduct may suggest some degree of confusion on the pat of corporate officers and directors about the manner in which they should comply with their fiduciary duty. By requiring more exacting standards of conduct from these corporate agents, Sarbanes-Oxley may not only clear up that confusion, but also may represent a natural extension of recent pronouncements by Delaware courts, the SEC and other …
Community Development: A New Tool For Strengthening Urban Neighborhoods, Brenda Bratton Blom, Robert B. Inerfeld
Community Development: A New Tool For Strengthening Urban Neighborhoods, Brenda Bratton Blom, Robert B. Inerfeld
Faculty Scholarship
No abstract provided.