Law Commons^™

"Flaw-Backs:" Executive Compensation Clawbacks And Their Costly Flaw, Connor Douglas Maag

The Journal of Business, Entrepreneurship & the Law

Saving money should not be expensive. Compensation “clawbacks” are a legal mechanism for companies to reclaim employee compensation, but the legislative framework is complex and disorganized. There are four primary federal claw-back provisions: Sarbanes-Oxley § 304, Dodd-Frank § 954, 12 U.S.C.A. § 5221(TARP), and Dodd-Frank § 956—as well as voluntary contractual clawback policies. This comment untangles the web of clawback legislation by overlaying each clawback mechanism to extract a single, clear, and concise description of executive compensation clawbacks, called the “Comprehensive Clawback Coverage.” The Comprehensive Clawback Coverage reveals a major flaw in the legal and regulatory framework: clawbacks increase agency …

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land & Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.

Of Regulatory Takings And Other Myths, Charles L. Siemon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Medical malpractice is an area that traverses a wide range of issues in any society – the qualityand cost of healthcare, the insurance industry, the cost of litigation, the impact on medicalpractice and the heightened emotions arising from injuries or even loss of lives. Evidently, thequestion of compensation for medical malpractice impinges on each of these challenges. Likemany countries, Singapore has been grappling with these issues through implementing variousreforms in the legal and healthcare sectors. Although compensation has historically beenobtained through legal proceedings in the Singapore courts, there is a growing shift towardsadopting a much gentler touch to deal with …

Massachusetts Has A Problem: The Unconstitutionality Of The Tax Deed, Ralph D. Clifford

University of Massachusetts Law Review

The predominant method for collecting delinquent real estate taxes in Massachusetts is the use of the “tax deed” as authorized by Chapter 60, Sections 53-54. Under the authorized procedures, each municipality’s tax collector can execute and record a deed that transfers fee simple title to the real estate to the municipality subject to the taxpayer’s statutorily created redemption right. If the redemption right is or cannot be exercised, all of the taxpayer’s rights in the property, as well as other’s rights created by encumbrances such as mortgages, are terminated by the foreclosure process provided for in the statute. Importantly, the …

Employment Law—Mandatory-Workplace Donning And Doffing—All In A Day's Work: A Review Of Gerber Products Company V. Hewitt, 2016 Ark. 222, 492 S.W.3d 856., Liz Harris

University of Arkansas at Little Rock Law Review

No abstract provided.

( عقود الرعاية في القوانين الرياضية في دولة الإمارات العربية المتحدة (دراسة تحليلية), عادل رضا يوسف عبد الرحمن المازمي

Private Law Theses

This study aims to identify the legal regime of sports sponsorship in the UAE, although there is no special law governing sponsorship in the UAE. This study is divided into two chapters. The first chapter is devoted to determining the legal nature of care contracts. The first section was devoted to research on the legal nature of care contracts and their distinction from other contracts. The second topic is devoted to research on the compatibility between care contracts and sports professional contracts competition.

The second chapter of the research is devoted to research on the legal considerations of care contracts …

مسؤولية الإدارة في التعويض عن القرارات الإدارية, شمسة مفتاح أحمد الناصري

Public Law Theses

As for the administrative body’s liability for an unlawful decisions, both the judiciary and the jurisprudence have unanimously accepted the principle of responsibility based on error, which requires the elements of responsibility, which are namely error, damage and causal relations between the two elements occurs jointly since the origin of accountability upon the administrative body compensation varies according to the defect reflected in the administrative decision since there is no accountability on the defects of formality, unless defect is effective, while in the cases of substantive defects, both termination of decisions and compensation are in order whatever the magnitude of …

Punishment But Not A Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law, Paul A. Hoversten

Michigan Law Review

It is a well-established principle that no court applies the penal laws of another sovereign. But what exactly is a penal law? According to Judge Cardozo, a penal law effects “vindication of the public justice” rather than “reparation to one aggrieved.” Although courts have historically treated punitive damages as a purely civil remedy, that attitude has shifted over time. Modern American punitive damages serve not to compensate the plaintiff but to punish the defendant on behalf of the whole community. Therefore, when courts rely on foreign substantive law to impose punitive damages, they arguably violate the well-established principle that no …

Long-Term Executive Compensation As A Remedy For Corporate Short-Termism, Caroline Flammer

Seattle University Law Review

It is often argued that corporations are too focused on the short term (i.e., they are “short-termist”). For example, during the 2016 U.S. presidential campaign, candidate Hillary Clinton urged companies to escape the tyranny of short-termism. Similarly, in the recent policy debate in the United Kingdom on the need to reform corporate governance and executive compensation, Bank of England’s Chief Economist Andy Haldane stated that “[e]xecutive pay is a matter of profound and legitimate public interest. Pay practices can encourage short-term behaviour in ways which harm both firms and the economy.” In this context, a recent article by Flammer and …

The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg

Pace Intellectual Property, Sports & Entertainment Law Forum

In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.

The first course of action chosen by the …

Removing A Splinter By Amputating The Limb: How The Sec Misses The Mark (Again) On Executive Compensation With The Pay Ratio Disclosure Rule, Carter D. Gage

Saint Louis University Law Journal

No abstract provided.

Incentive-Based Compensation Arrangements: An Examination Of The Wells Fargo Scandal And The Need For Reform In Financial Institutions, Ashley Triplett

University of Baltimore Law Review

No abstract provided.

Where To From Here For The Catholic Church- Recommendations 94 And 95 Of The Redress And Civil Litigation Report, Jane Power

The University of Notre Dame Australia Law Review

The Royal Commission into Institutional Responses to Child Sexual Abuse handed down its Final Report in December 2017. In 2015 it presented its interim Redress and Civil Litigation Report which contained final recommendations in relation to reform in civil litigation. Recommendations 94 and 95 of the Redress and Civil Litigation Report both directly and indirectly address the lack of legal entity for the Catholic Church in Australia and the problems this causes litigants seeking legal recompense. This paper considers the current legal status of the Catholic Church in Australia in light of the Recommendations.

The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on cost-benefit analysis. This regressive effect occurs as long as downwind communities that suffer health and harms from environmental contamination are generally less wealthy than the owners of pollution sources that avoid regulatory-compliance costs. The availability of compensation to pollution-victims has the potential to ameliorate this regressive effect. This Article recommends that the availability of …

Holding The Harmful Harmless: Lessons From Gold King Mine, Timbre Shriver

University of Colorado Law Review

The disaster at Love Canal focused the nation's attention on hazardous waste sites left behind by years of corporate recklessness and mismanagement. To fill the regulatory gap and prevent future incidents like Love Canal, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The statute not only empowers the EPA to retroactively hold parties responsible for the mismanagement of hazardous waste, but it also provides a funding mechanism-Superfund-to ensure that the most dangerous sites are cleaned up even when responsible parties cannot be found or, more likely, are insolvent. However, an often-overlooked provision in the CERCLA framework grants …

User Damages And The Limits Of Compensatory Reasoning, Alvin W. L. See

Research Collection Yong Pung How School Of Law

The use of the term “user damages” in reference to compensatory damages is particularly problematic because it tends to overgeneralise the cases and conceal the importance of identifying the relevant loss in each case, which has implications on issues of proof, quantification and mitigation. This has contributed to the persistent neglect to squarely address issues of loss, which has in turn led to both over- and underestimation of the limits of compensatory damages. Once we look past the broad label, it becomes obvious that the cases purportedly unified by a common measure of loss tend to vary widely in facts …

Renovations Needed: The Fda's Floor/Ceiling Framework, Preemption, And The Opioid Epidemic, Michael R. Abrams

Michigan Law Review

The FDA’s regulatory framework for pharmaceuticals uses a “floor/ceiling” model: administrative rules set a “floor” of minimum safety, while state tort liability sets a “ceiling” of maximum protection. This model emphasizes premarket scrutiny but largely relies on the state common law “ceiling” to police the postapproval drug market. As the Supreme Court increasingly holds state tort law preempted by federal administrative standards, the FDA’s framework becomes increasingly imbalanced. In the face of a historic prescription medication overdose crisis, the Opioid Epidemic, this imbalance allows the pharmaceutical industry to avoid internalizing the public health costs of their opioid products. This Note …