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Full-Text Articles in Law
Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken M. Levy
Journal Articles
How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.
Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …
Contributory Infringers And Good Samaritans, Mark Bartholomew
Contributory Infringers And Good Samaritans, Mark Bartholomew
Journal Articles
The introduction of online technologies has put increased pressure on the doctrine of contributory infringement as intellectual property rights holders switch their attention from direct infringers to Internet intermediaries. The Supreme Court has instructed lower courts to evaluate contributory infringement in light of traditional tort law. The common law of aiding and abetting, however, is so inconsistent as to offer no real guidance. A better approach lies in a separate but related area of tort doctrine. In a limited number of circumstances, tort law recognizes a duty to protect third parties from the actions of others. Like aiding and abetting, …
Europe's Thirteenth Directive And U.S. Takeover Regulation: Regulatory Means And Political Economic Ends, Marco Ventoruzzo
Europe's Thirteenth Directive And U.S. Takeover Regulation: Regulatory Means And Political Economic Ends, Marco Ventoruzzo
Journal Articles
Cross-border acquisitions, especially through hostile takeovers, represent one of the most dramatic consequences of the growing integration, both within Europe, and when considering the economic balance of power between the US and the European industries. This Article focuses on the single most important piece of legislation on European takeover law, the Thirteenth Directive of the European Union on Takeover Regulation, which was approved on April, 21 2004 and must be implemented by Member States before the end of 2006.
Passage of the Thirteenth Directive is no minor event. Earlier versions were embroiled in arresting political controversies that generated significant Member …
The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy
The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy
Journal Articles
No abstract provided.
The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar
The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar
Journal Articles
Although the concepts of "voting stock" and "voting power" are pervasive throughout the Code, until recently, courts, commentators and the Service have devoted minimal energy to demystifying the confusion surrounding the definition of voting stock and even less to expanding upon the methodology of computing voting power. Recent developments, however, may prompt practitioners to take a second look at these terms. While a 1995 decision by the Tax Court adds little to the existing body of authority with respect to the determination of the owner of voting stock, the Service's analysis of the voting power requirement in a 1994 private …