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Articles 1 - 30 of 40
Full-Text Articles in Law
Commentary, Sheldon H. Elsen
Commentary, Sheldon H. Elsen
Law and Contemporary Problems
Elsen comments on articles by Deborah DeMott and James Cox. He agrees with them that the rules governing conduct are often different from the rules written in compliance programs and as part of codes of conduct.
The University As An Industrial Plant: How A Workplace Theory Of Discriminatory Harassment Creates A “Hostile Environment” For Free Speech In America’S Universities, Robert W. Gall
Law and Contemporary Problems
Gall uses Rodney A. Smolla's article "Academic Freedom, Hate Speech, and the Idea of a University" as a basis for his discussion of hostile environments for free speech among colleges and universities.
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Law and Contemporary Problems
Fisch examines the evolution of the class action lawsuit and uses the qui tam provision as a model for exploring the structure and objectives of enforcement litigation.
Nonpecuniary Class Action Settlements, Geoffrey P. Miller, Lori S. Singer
Nonpecuniary Class Action Settlements, Geoffrey P. Miller, Lori S. Singer
Law and Contemporary Problems
Miller and Singer offer a theoretical and empirical analysis of nonpecuniary class action settlements, including coupons, securities and fluid recoveries.
Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox
Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox
Law and Contemporary Problems
Cox discusses the linkage between private litigation and the deterrence of corporate misconduct.
Organizational Incentives To Care About The Law, Deborah A. Demott
Organizational Incentives To Care About The Law, Deborah A. Demott
Law and Contemporary Problems
DeMott discusses the fit between agency doctrine and the ability of organizations to obey or disregard the law. The opinion in "In re Caremark International Inc. Derivative Litigation" is central to DeMott's analysis.
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Law and Contemporary Problems
Johnson suggests that institutions are uniquely positioned to enhance the deterrence function of securities litigation without undermining the compensation goal.
Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen
Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen
Law and Contemporary Problems
Allen comments on papers written by James Cox and Deborah DeMott regarding the deterrence of corporate misconduct. He examines the limits of compensation and deterrence as legal remedies.
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Law and Contemporary Problems
Sporkin discusses how the private sector has often had to fend for itself when it comes to deterring corporate misconduct.
Foreword, James D. Cox
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Law and Contemporary Problems
Warren discusses the Private Securities Litigation Reform Act and the National Securities Market Improvement Act, among other issues. Predominant federalism postulates foreclose the proposed intrusion into investors' tort remedies traditionally allowed by the states under common law.
Preempting Unintended Consequences, A. A. Sommer Jr.
Preempting Unintended Consequences, A. A. Sommer Jr.
Law and Contemporary Problems
Sommer offers some insights on preemption. The case for preemption is that there is an inherent logic and consistency in having litigation involving nationally traded securities resolved in a single forum.
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Law and Contemporary Problems
Scholz offers a comment on Stephen Calkins' article entitled "Corporate Compliance and the Antitrust Agencies' Bi-Modal Penalties." Scholz discusses deterrence theory and how the perspective on it changes.
Comment On Lynch, Michael B. Mukasey
Comment On Lynch, Michael B. Mukasey
Law and Contemporary Problems
Mukasey offers a comment on Gerard E. Lynch's article concerning the role of criminal law in policing corporate misconduct.
Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr
Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr
Law and Contemporary Problems
Conley and O'Barr take an anthropological perspective on three cases of alleged corporate misconduct--car dealer discrimination, Archer Daniels Midland, and the tobacco industry trials.
Comment On Lynch, Kenneth J. Bialkin
Comment On Lynch, Kenneth J. Bialkin
Law and Contemporary Problems
Bialkin offers a comment on Gerard E. Lynch's article on the role of criminal law in policing corporate misconduct.
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Law and Contemporary Problems
Melamed offers a comment on Robert D. Cooter's article on punitive damages. Melamed relates the concept of antitrust to Cooter's valuable insights.
Corporate Compliance And The Antitrust Agencies’ Bi-Modal Penalties, Stephen Calkins
Corporate Compliance And The Antitrust Agencies’ Bi-Modal Penalties, Stephen Calkins
Law and Contemporary Problems
Calkins discusses individual compared with entity penalties as tools for encouraging corporate law compliance and comments on the relationship between monetary payments as compensation and deterrence.
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
Law and Contemporary Problems
Using environmental regulation as an example, Dwyer discusses the role of state law in an era ruled by federal preemption. The present hybrid system of national standards and state implementation and enforcement may be a reasonable accomodation of both state and national interests.
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
Law and Contemporary Problems
Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Law and Contemporary Problems
Cooter offers an economic analysis of punitive damages, keeping in mind the role of social norms. Liability for compensatory damages provides efficient incentives for self-monitoring.
Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey
Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey
Law and Contemporary Problems
Blakey argues that economic analysis in the courts must be substantially supported by other insights, say from ethics or history.
Evaluating The Preemption Evidence: Have The Proponents Met Their Burden?, Richard H. Walker
Evaluating The Preemption Evidence: Have The Proponents Met Their Burden?, Richard H. Walker
Law and Contemporary Problems
Walker discusses the arguments for and against preemption regarding securities markets.
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Law and Contemporary Problems
No abstract provided.
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Law and Contemporary Problems
Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physician services that are negligently rendered.
The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout
The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout
Law and Contemporary Problems
In the area of medical malpractice, no-fault has been offered as a response to the criticisms leveled against tort litigation for medical injuries. Five issues of no-fault are examined within the context of obstetrical malpractice.
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Law and Contemporary Problems
"No-fault" is the leading alternative to traditional liability systems for resolving medically caused injuries, and policy interest in such reform reflects numerous concerns with the traditional tort system as it operates in the medical field through malpractice insurance. The administrative experience of the Florida and Virginia no-fault programs is examined.