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2006

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Articles 8161 - 8190 of 12042

Full-Text Articles in Law

Mutual Funds Scandals - Comparative Analysis Of The Role Of Corporate Governance In The Regulation Of Collective Investments, Jerry W. Markham Jan 2006

Mutual Funds Scandals - Comparative Analysis Of The Role Of Corporate Governance In The Regulation Of Collective Investments, Jerry W. Markham

UC Law Business Journal

This article undertakes a comparative analysis of the mechanisms used to regulate collective investments. The article first traces the growth and development of mutual funds and their regulation and concludes that the corporate governance model for mutual funds has failed. The article then examines alternative regulatory schemes for collective investments, including hedge funds, commodity pools, common trust funds, collective investment funds for pensions, endowments, and insurance company reserves. The article concludes that alternative regulatory structures would serve at least as well as the current regulatory structure for mutual funds, which has proved to be overly costly, complex, and ineffective.

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Maternal Wall Discrimination: Evidence Required For Litigation And Cost-Effective Solutions For A Flexible Workplace, Claire-Therese D. Luceno Jan 2006

Maternal Wall Discrimination: Evidence Required For Litigation And Cost-Effective Solutions For A Flexible Workplace, Claire-Therese D. Luceno

UC Law Business Journal

The number of married women with childcare responsibilities who joined the workforce tripled in the last three decades. The American workplace has failed to keep pace with this development and, as a result, these women face a barrier known as the "maternal wall," defined as discrimination against working mothers and caregivers which results in excluding them from desirable employment. As a result of this change in the American workforce, maternal wall litigation has increased. Although plaintiffs initially had difficulty in prevailing on claims of maternal wall litigation due to strict requirements for comparator evidence, plaintiffs have seen increased success as …

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Finding The Contract In Contracts For Law, Forum And Arbitration, William J. Woodward, Jr. Jan 2006

Finding The Contract In Contracts For Law, Forum And Arbitration, William J. Woodward, Jr.

UC Law Business Journal

Provisions specifying the choice of law or forum in adhesive contracts can have a profound, if not decisive, effect on the outcome of consumer litigation. But whose law governs whether these clauses or the contract itself are binding on the parties? The author presents an analytical framework for separating the conflicts and contracts issues, and then applies this expanded analysis to an important recent California case that hinges upon the court's interpretation of these questions.

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Good News Investors - You've Got A Financial Expert On The Board - The Bad News - It Doesn't Mean Anything, Jeffrey M. Mcfarland Jan 2006

Good News Investors - You've Got A Financial Expert On The Board - The Bad News - It Doesn't Mean Anything, Jeffrey M. Mcfarland

UC Law Business Journal

In light of the portion of the Sarbanes-Oxley Act that requires disclosure of whether a reporting company has an audit committee financial expert, the author examines a representative sample of more than 200 publicly-filed proxy statements to determine how those companies have addressed the financial expert requirement. Based on that examination, the article proposes modifications to the SEC's rules on audit committee financial experts as a means to better achieve the Congressional goal of improving the audit committee's oversight of the financial reporting process.

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Geographic Competition And Collusion In Duopoly, Charles H. Steen, Kevin S. Marshall Jan 2006

Geographic Competition And Collusion In Duopoly, Charles H. Steen, Kevin S. Marshall

UC Law Business Journal

Although geographic market divisions by horizontally competitive firms are generally subject to per se condemnation, such presumptive condemnation may be inappropriate in duopoly under specific but reasonable assumptions. This article demonstrates that market division agreements may actually enhance societal surplus under certain market conditions. Incorporating conventional game theory within a geometricspatial analysis, the authors question the propriety of a per se approach to antitrust liability in such situations.

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Avoiding Blurred Lines: The Computation Of Damages In Rule 10b-5 Securities Class Action Lawsuits In The Ninth Circuit And A Proposal For A More Sensible System, Jeffrey M. Goldman Jan 2006

Avoiding Blurred Lines: The Computation Of Damages In Rule 10b-5 Securities Class Action Lawsuits In The Ninth Circuit And A Proposal For A More Sensible System, Jeffrey M. Goldman

UC Law Business Journal

Rule lOb-5 of the Securities and Exchange Act of 1934 has assumed greater importance in the wake of recent corporate scandals. There is great value, therefore, in reexamining the way courts calculate damages in Rule 1Ob-5 actions. The author begins with a brief primer on this important component of securities law. He then explains how damages are determined by Ninth Circuit federal courts in Rule 1Ob-5 actions. Finally, the author argues that statutory fines should replace the use of vague and complex factors to determine damages in Rule 1 Ob-5 actions.

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The Legal Character Of Private Codes Of Conduct: More Than Just A Pseudo-Formal Gloss On Corporate Social Responsibility, Veronica Besmer Jan 2006

The Legal Character Of Private Codes Of Conduct: More Than Just A Pseudo-Formal Gloss On Corporate Social Responsibility, Veronica Besmer

UC Law Business Journal

Corporate codes, nothing more than statements that define a corporation's own best behavior, have become ubiquitous in today's business reality that witnesses ever-louder demands for greater corporate accountability. However, the codes' enforceability is uncertain, as they lack the statutory liability or the jurisdictional nexus in case of transnational enterprises. Still, consumers, who are increasingly socially and environmentally conscious, often reward any voluntary declaration of corporate social responsibility. This article outlines the current forms of regulations and reviews some legal enforcement theories. The author concludes that quasi-formal enforcement mechanisms such as stakeholder pressure and greater consumer demand for responsible corporate behavior …

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Section 1032: Are We There Yet, Neil R. Blecher Jan 2006

Section 1032: Are We There Yet, Neil R. Blecher

UC Law Business Journal

This paper discusses various issues related to Section 1032 of the Internal Revenue Code, including the proper scope and applicability of Section 1032 necessary to ensure that economically equivalent transactions are treated in a consistent manner. Among other topics, the paper provides a summary of legislative enactments and judicial and administrative rulings related to Section 1032 and a review of the general scope and applicability of the section in current tax practice. The paper also provides an analysis of attempts to provide for a workable definition of "money or other property in exchange for stock" within the meaning of Section …

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Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller Jan 2006

Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller

UC Law Business Journal

Austin Instrument, Inc. v. Loral Corp. is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. The close division of judicial opinion suggested, however, that there was a more complex story behind the Court of Appeals' recitation. Indeed, revisiting the case reveals a rich and intricate story. Why were Austin and Loral litigating so fiercely over roughly $22,000? Was it possible that the threat of Austin, a small, privately held company, could coerce Loral, a large, publicly traded company? What influence did the conflict in Vietnam have …

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The Public-Private Security Partnership: Counterterrorism Considerations For Employers In A Post-9/11 World, Andrew P. Morriss Jan 2006

The Public-Private Security Partnership: Counterterrorism Considerations For Employers In A Post-9/11 World, Andrew P. Morriss

UC Law Business Journal

Employers who employ both Americans and non-citizens in America, as well as those who employ either Americans or non-citizens overseas, will face a wide range of demands for cooperation with counterterror agencies, choices about employment policies that affect counterterror efforts, and concerns by employees about the impact of counterterror measures on their employment. This Article surveys some of the less immediately obvious issues that employers need to consider in adjusting to the post-9/1 1 environment-an environment in which counter-terror operations have become the nation's highest government priority.

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Determinants Of The Settlement Amount In Securities Fraud Class Action Litigation, John D. Finnerty, Gautam Goswami Jan 2006

Determinants Of The Settlement Amount In Securities Fraud Class Action Litigation, John D. Finnerty, Gautam Goswami

UC Law Business Journal

This article identifies the factors most responsible for determining the settlement amount in securities fraud cases. It also develops a settlement model that incorporates these factors. This article analyzes a sample consisting of 525 securities fraud class action settlements that were reached between 1994 and 2005. It identifies the main drivers of the observed settlement amounts and develop a settlement model that explains more than fifty-six percent of the settlement amounts in terms of these settlement drivers. The settlement model should be useful to counsel or interested parties for gauging a reasonable settlement amount consistent with past experience. It should …

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Employers Beware: The I-9 Form: Verifying Identity And Identity Documents In The Employment Context, Jason Korosec Jan 2006

Employers Beware: The I-9 Form: Verifying Identity And Identity Documents In The Employment Context, Jason Korosec

UC Law Business Journal

Verification of identity has taken on new importance in a post 9/11 environment. This article discusses employers' obligation to verify the identification of their employees and the technical problems with identity verification employers face under current approaches. Attempts by the government to resolve these issues will meet resistance from both privacy advocates and liberty defenders. Understanding the issues with the current state of documentation of identity will enable employers to make more informed decisions about who they are hiring, particularly if the analysis is completed prior to the hiring decision. For the time being, the 1-9 form and associated process …

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Valuing Corporations For Estate Tax Purposes: A Blount Reappraisal, Adam S. Chodorow Jan 2006

Valuing Corporations For Estate Tax Purposes: A Blount Reappraisal, Adam S. Chodorow

UC Law Business Journal

This article explores a "recurring issue of asset valuation for estate tax purposes," which the Eleventh Circuit purported to resolve in Estate of Blount v. Commissioner. The broad question is how one should value a decedent's shares in a corporation where those shares are subject to a buysell agreement that is either: (1) disregarded for estate tax purposes, or (2) omits the price of the shares it covers. The specific issue is how one should account for insurance proceeds a corporation receives on account of a decedent's death when those proceeds are offset by a corresponding obligation to redeem the …

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The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg Jan 2006

The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg

UIC Law Review

No abstract provided.

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Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle Jan 2006

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle

UIC Law Review

No abstract provided.

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In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano Jan 2006

In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano

UIC Law Review

No abstract provided.

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Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, 39 J. Marshall L. Rev. 721 (2006), Paul M. Secunda Jan 2006

Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, 39 J. Marshall L. Rev. 721 (2006), Paul M. Secunda

UIC Law Review

No abstract provided.

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The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy Jan 2006

The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy

UIC Law Review

No abstract provided.

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No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness Jan 2006

No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness

UIC Law Review

No abstract provided.

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Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark Jan 2006

Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark

UIC Law Review

No abstract provided.

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Being Daphne's Mom: An Argument For Valuing Companion Animals As Companions, 39 J. Marshall L. Rev. 1453 (2006), Vasiliki Agorianitis Jan 2006

Being Daphne's Mom: An Argument For Valuing Companion Animals As Companions, 39 J. Marshall L. Rev. 1453 (2006), Vasiliki Agorianitis

UIC Law Review

No abstract provided.

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Making Our Congressional Elections More Competitive; A Proposal For A Limited Number Of Statewide At-Large Elections In Our More Populous States, 39 J. Marshall L. Rev. 1425 (2006), Walter M. Frank Jan 2006

Making Our Congressional Elections More Competitive; A Proposal For A Limited Number Of Statewide At-Large Elections In Our More Populous States, 39 J. Marshall L. Rev. 1425 (2006), Walter M. Frank

UIC Law Review

No abstract provided.

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Disparate Impact And The Adea: So, Who Is Going To Be In The Comparison Group?, 39 J. Marshall L. Rev. 1475 (2006), Timothy Tommaso Jan 2006

Disparate Impact And The Adea: So, Who Is Going To Be In The Comparison Group?, 39 J. Marshall L. Rev. 1475 (2006), Timothy Tommaso

UIC Law Review

No abstract provided.

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Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham Jan 2006

Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham

UIC Law Review

No abstract provided.

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Shareholders' Rights To A Cause Of Action Under The Investment Company Act Of 1940 Following Exxon Mobil V. Allapattah, 39 J. Marshall L. Rev. 1521 (2006), Renee Labuz Jan 2006

Shareholders' Rights To A Cause Of Action Under The Investment Company Act Of 1940 Following Exxon Mobil V. Allapattah, 39 J. Marshall L. Rev. 1521 (2006), Renee Labuz

UIC Law Review

No abstract provided.

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Always Low Prices, Always At A Cost: A Call To Arms Against The Wal-Martization Of America, 40 J. Marshall L. Rev. 267 (2006), Justin R. Watkins Jan 2006

Always Low Prices, Always At A Cost: A Call To Arms Against The Wal-Martization Of America, 40 J. Marshall L. Rev. 267 (2006), Justin R. Watkins

UIC Law Review

No abstract provided.

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Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz Jan 2006

Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz

UIC Law Review

No abstract provided.

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Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys Jan 2006

Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys

UIC Law Review

No abstract provided.

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Intellectual Property Research: From The Dustiest Law Book To The Most Far Off Database, Jon R. Cavicchi Jan 2006

Intellectual Property Research: From The Dustiest Law Book To The Most Far Off Database, Jon R. Cavicchi

Law Faculty Scholarship

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled hundreds of reference and research questions as well as working on countless projects requiring IP information. So I have been faced with challenges and …

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Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel Jan 2006

Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel

NYLS Law Review

No abstract provided.

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