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Full-Text Articles in Law

Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins Oct 2011

Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins

Articles

How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …


Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer Jan 2011

Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer

Articles

No abstract provided.


Online Retailers' Tax-Free Lunches, George Mundstock Jan 2011

Online Retailers' Tax-Free Lunches, George Mundstock

Articles

No abstract provided.


Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice Jan 2011

Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice

Articles

No abstract provided.


Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri Jan 2011

Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri

Articles

No abstract provided.


Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice Jan 2011

Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice

Articles

Cultural property policy in the United States has become increasingly lawless, for lack of a better term. In recent years, the executive branch has aggressively restricted the movement of cultural property into the United States, but it has repeatedly done so without regard for constraining legal authority. The result is a troubling disjunction between the executive branch's (the "Executive") current cultural property policies and the existing legal framework established by Congress and the Judiciary. We document that disjunction in this Article.

We explain, for example, how the executive branch has recently repatriated an Egyptian sarcophagus and an antique French automobile …


Conservation Easements At The Climate Change Crossroads, Jessica Owley Jan 2011

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Articles

No abstract provided.


The Geometry Of Inside And Outside, David Abraham Jan 2011

The Geometry Of Inside And Outside, David Abraham

Articles

These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.


Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley Jan 2011

Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley

Articles

No abstract provided.


O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer Jan 2011

O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer

Articles

No abstract provided.


Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn Jan 2011

Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn

Articles

Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights …


Debate: The Future Of Mass Torts, Sergio J. Campos, Howard M. Erichson Jan 2011

Debate: The Future Of Mass Torts, Sergio J. Campos, Howard M. Erichson

Articles

No abstract provided.


The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky Jan 2011

The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky

Articles

No abstract provided.


Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri Jan 2011

Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri

Articles

No abstract provided.


Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Caroline Bettinger-López, Davida Finger, Meetali Jain, Jonel Newman, Sarah Paoletti, Deborah M. Weissman Jan 2011

Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Caroline Bettinger-López, Davida Finger, Meetali Jain, Jonel Newman, Sarah Paoletti, Deborah M. Weissman

Articles

No abstract provided.


Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland Jan 2011

Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland

Articles

Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. …


Taking The Business Out Of Work Product, Michele M. Destefano Beardslee Jan 2011

Taking The Business Out Of Work Product, Michele M. Destefano Beardslee

Articles

Over the past fifteen years, a common set of questions has surfaced in different areas of scholarship about the breadth of the corporate attorney's role: Should the corporate attorney provide business advice when providing legal advice? Should the corporate attorney provide counsel related to other disciplines such as public relations, social responsibility, morals, accounting, and/or investment banking? Should the corporate attorney prevent corporate wrongdoing? Questions like these resound in the scholarship addressing the risks and benefits of multi-disciplinary partnerships, gatekeeping, moral counseling, ancillary services, and the application of the attorney-client privilege. When looked at in combination, these segregated discussions equate …


Lies, Damned Lies, And Judicial Empathy, Mary Anne Franks Jan 2011

Lies, Damned Lies, And Judicial Empathy, Mary Anne Franks

Articles

No abstract provided.


Nonparticipatory Association And Compelled Political Speech: Consent As A Constitutional Principle In The Wake Of Citizens United , Frances R. Hill Jan 2011

Nonparticipatory Association And Compelled Political Speech: Consent As A Constitutional Principle In The Wake Of Citizens United , Frances R. Hill

Articles

No abstract provided.


Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman Jan 2011

Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman

Articles

No abstract provided.


Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes Jan 2011

Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes

Articles

Critical Race Theory's (CRT's) first two decades produced a rich and diverse literature deconstructing law and society using a racial lens. CRT's emergence and rise occurred at a moment in history where the U.S. was still the uncontested unipolar superpower whose privileged elites enjoyed unprecedented prosperity and status. Despite its dominant standing in the world economy and polity, prevailing "social structures of accumulation" within the United States were already in decline. For CRT's next iteration, we argue that a critical race materialist approach is necessary to interpret the history of how economic and social structures of identity are inextricably linked. …


Perspective: Massachusetts' Health Care Reform And Emergency Department Utilization, Christopher Chen, Gabriel Scheffler, Amitabh Chandra Jan 2011

Perspective: Massachusetts' Health Care Reform And Emergency Department Utilization, Christopher Chen, Gabriel Scheffler, Amitabh Chandra

Articles

No abstract provided.


Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley Jan 2011

Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley

Articles

No abstract provided.


Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman Jan 2011

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Articles

No abstract provided.


Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton Jan 2011

Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton

Articles

No abstract provided.


At The Conjunction Of Love And Money: Comment On Julie A. Nelson, Does Profit-Seeking Rule Out Love? Evidence (Or Not) From Economics And Law, William Wilson Bratton Jan 2011

At The Conjunction Of Love And Money: Comment On Julie A. Nelson, Does Profit-Seeking Rule Out Love? Evidence (Or Not) From Economics And Law, William Wilson Bratton

Articles

No abstract provided.


More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter Jan 2011

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter

Articles

No abstract provided.


The Political Economy Of Fraud On The Market, William Wilson Bratton, Michael L. Wachter Jan 2011

The Political Economy Of Fraud On The Market, William Wilson Bratton, Michael L. Wachter

Articles

The fraud-on-the-market class action no longer enjoys much academic support. The justifications traditionally advanced by its defenders-compensation for out-of-pocket loss and deterrence of fraud-are thought to have failed due to the action's real world dependence on enterprise liability and issuer-funded settlements. The compensation justification collapses when considered from the point of view of different types of shareholders. Well-diversified shareholders' receipts and payments of damages balance over time and amount to a wash before payment of litigation costs. The shareholders arguably in need of compensation--fundamental value investors who rely on published reports--are undercompensated due to pro rata distribution of settlement proceeds …


The Enforceability Of Exacted Conservation Easements, Jessica Owley Jan 2011

The Enforceability Of Exacted Conservation Easements, Jessica Owley

Articles

No abstract provided.


The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby Jan 2011

The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby

Articles

No abstract provided.