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Full-Text Articles in Law

Commentary, Sheldon H. Elsen Oct 1997

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 Oct 1997

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.


Journal Staff Oct 1997

Journal Staff

Law and Contemporary Problems

No abstract provided.


Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch Oct 1997

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 Oct 1997

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 Oct 1997

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 Oct 1997

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 Oct 1997

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 Oct 1997

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 Oct 1997

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 Jul 1997

Foreword, James D. Cox

Law and Contemporary Problems

No abstract provided.


Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii Jul 1997

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. Jul 1997

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 Jul 1997

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 Jul 1997

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 Jul 1997

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 Jul 1997

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 Jul 1997

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 Jul 1997

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 Jul 1997

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.


Journal Staff Jul 1997

Journal Staff

Law and Contemporary Problems

No abstract provided.


The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch Jul 1997

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 Jul 1997

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 Jul 1997

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 Jul 1997

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 Apr 1997

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 Apr 1997

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 Apr 1997

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 Apr 1997

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.


Journal Staff Apr 1997

Journal Staff

Law and Contemporary Problems

No abstract provided.