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Full-Text Articles in Law
Bias And Misrepresentation Of Science Undermines Productive Discourse On Animal Welfare Policy: A Case Study, Kelly Jaakkola, Jason N. Bruck, Richard C. Connor, Stephen H. Montgomery, Stephanie L. King
Bias And Misrepresentation Of Science Undermines Productive Discourse On Animal Welfare Policy: A Case Study, Kelly Jaakkola, Jason N. Bruck, Richard C. Connor, Stephen H. Montgomery, Stephanie L. King
Faculty Publications
Reliable scientific knowledge is crucial for informing legislative, regulatory, and policy decisions in a variety of areas. To that end, scientific reviews of topical issues can be invaluable tools for informing productive discourse and decision-making, assuming these reviews represent the target body of scientific knowledge as completely, accurately, and objectively as possible. Unfortunately, not all reviews live up to this standard. As a case in point, Marino et al.’s review regarding the welfare of killer whales in captivity contains methodological flaws and misrepresentations of the scientific literature, including problematic referencing, overinterpretation of the data, misleading word choice, and biased argumentation. …
Evaluating Market Reactions To Non-Practicing Entity Litigation, Emiliano Giudici, Justin Blount
Evaluating Market Reactions To Non-Practicing Entity Litigation, Emiliano Giudici, Justin Blount
Faculty Publications
An ongoing debate in patent law involves the role “non-practicing entities,” sometimes called “patent trolls,” serve in the patent system. Some argue they serve as valuable market intermediaries, while others contend they are a drain on innovation and an impediment to a well-functioning patent system. This Article adds to the data available in this debate by conducting an event study that analyzes the market reaction to patent litigation filed by large “mass aggregator” non-practicing entities against large publicly traded companies. This study advances the literature by attempting to reproduce the results of previous event studies done in this area with …
Social Media: Creating Student Awareness Of Its Use In The Hiring Process, Justin Blount, Carol S. Wright, Ashley A. Hall, Judith L. Biss
Social Media: Creating Student Awareness Of Its Use In The Hiring Process, Justin Blount, Carol S. Wright, Ashley A. Hall, Judith L. Biss
Faculty Publications
As the use of social media permeates our lives, it is important for business educators to promote the effective use of this technology to students for both their role as job seekers as well as potential hiring managers. This article will present current perceptions among business students on using social media in the job search process, primary research from recruiters in an attempt to understand employers’ policies and practices with respect to the use of social media in the hiring process, key laws which students should be aware of with respect to the use of social media by employers, and …
Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount
Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount
Faculty Publications
Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets …
Sec In-House Tribunals: A Call For Reform, Drew Thornley, Justin Blount
Sec In-House Tribunals: A Call For Reform, Drew Thornley, Justin Blount
Faculty Publications
I IN the aftermath of the 1929 crash of the stock market and during the height of the Great Depression, the federal government took steps to strengthen U.S. securities laws.1 To that end, via the Securities Exchange Act of 1934, the U.S. Congress (Congress) created the U.S. Securities and Exchange Commission (SEC), whose “mission [is] to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.”2 As “the primary overseer and regulator of the U.S. securities markets,” the SEC has the power to bring enforcement actions against parties it believes to be in violation of the nation’s securities …
Arbitration Agreements, Expanded Judicial Review, And Preemption – Hall Street Associates And Nafta Traders, Inc. – A National Debate With International Implications, J. Keaton Grubbs, Justin Blount, Kyle Post
Arbitration Agreements, Expanded Judicial Review, And Preemption – Hall Street Associates And Nafta Traders, Inc. – A National Debate With International Implications, J. Keaton Grubbs, Justin Blount, Kyle Post
Faculty Publications
On May 13, 2011, the Texas Supreme Court, in construing the Texas Arbitration Act, rejected the U. S. Supreme Court’s analysis in Hall Street Associates, L.L.C. v. Mattel, Inc. 1 At issue was whether the parties may by agreement expand judicial review of an arbitration award beyond the specific grounds for vacatur or modification set forth in the Federal Arbitration Act. In NAFTA Traders, Inc. v. Quinn2 the Texas Supreme Court held that the Texas Arbitration Act does not preclude the parties from supplementing judicial review by contract. A discussion on the reasoning of the Texas Court and others that …