Agency Commons^™

The Fiduciary Character Of Agency And The Interpretation Of Instructions, Deborah A. Demott

Faculty Scholarship

This chapter in a forthcoming book justifies the conventional characterization of common-law agency as a fiduciary relationship. An agent serves as the principal’s representative in dealings with third parties and facts about the world, situating the agent as an extension of the principal for legally-salient purposes. A principal’s power to furnish instructions to the agent is the fundamental mechanism through which the principal exercises control over the agent, a requisite for an agency relationship. The agent’s fiduciary duty to the principal provides a benchmark for the agent’s interpretation of those instructions. The chapter draws on philosophical ...

Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold

Seattle Journal for Social Justice

No abstract provided.

Freedom Of Contracts, Hanoch Dagan, Michael Heller

Tel Aviv University Law Faculty Papers

“Freedom of contracts” has two components: (1) the familiar freedom to bargain for terms within a contract and (2) the long-neglected freedom to choose from among contract types. Theories built on the first freedom have reached an impasse; attention to the second points toward a long-elusive goal, a liberal and general theory of contract law. This theory is liberal because it develops an appealing conception of contractual autonomy grounded in the actual diversity of contract types. It is general because it explains how contract values – utility, community, and autonomy – properly relate to each other across contract types. Finally, it is ...

Culpability Without Fault: The Case For Punishing Executives For Crimes Of Their Corporation, Amy Sepinwall

Amy J. Sepinwall

The prevailing view of criminal responsibility judges the individual in isolation from others. As a result, the prevailing view has difficulty tracking culpability in group contexts, where individuals act together, since it may be impossible to disaggregate each member’s contributions and so judge each member individually. That we are without the theoretical or justificatory resources to satisfyingly address group wrongs is not idle observation; instead, this impoverishment accounts for many instances of failures to punish, and so many instances of justice undone. Perhaps most saliently now, if we wish to understand why it is that so few bankers have ...

Managing Our Money: The Law Of Financial Fiduciaries As A Private Law Institution, Hanoch Dagan, Sharon Hannes

Tel Aviv University Law Faculty Papers

This Article develops a theory of the law governing financial fiduciaries (most notably trust law). We conceptualize financial fiduciaries law as a private law institution that enhances individual autonomy by enabling people to safely delegate to others the authority over a significant aspect of their welfarist interests. This ability is autonomy-enhancing because we can enlist others to perform an increasingly complex task that impacts our savings, pensions, and bequeathable fortunes. Safely delegating this task to others relieves us of this burden, freeing us to focus on our intrinsically valuable projects.

We argue that this telos requires attuning financial fiduciaries law ...

Measuring Agency Attributes With Attitudes Across Time: A Method And Examples Using Large-Scale Federal Surveys, Anthony M. Bertelli, Dyana P. Mason, Jennifer M. Connolly, David A. Gastwirth

University of Southern California Law and Economics Working Paper Series

Public management researchers are interested in many characteristics of organizations that cannot be directly captured, making aggregated attitudes from surveys an attractive proxy. Yet difficulties in measuring meaningful attributes over time and across organizations have frequently limited statistical designs to a single organization or time. We offer a method for creating such statistical measures across agencies and time using item response theory. Focusing our attention on U.S. federal administrative agencies, we marshal a variety of questions from surveys commissioned by the Office of Personnel Management and Merit Systems Protection Board and employ statistical models to measure three important attributes ...

Beaten To "Submissions": Talent Agents Score A Victory Over Managers On Submissions Of Motion Picture Screenplays, Matthew H. Schwartz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor, Kelli Shope

Journal of the National Association of Administrative Law Judiciary

The following article will explore the impact SAG, talent agents, and lawmakers each have on the contractual rights of rank-and-file actors in light of the termination of Rule 16(g). Section II discusses actors' prior contractual rights under the collective bargaining agreement and how failed negotiations with talent agents left actors vulnerable to unfair contracts. Section III explores the new standard agency contract utilized by agents and the resulting legal implications for actors. Section IV details and evaluates the substance of the TAA, one of the few remaining legal protections for actors. Section V exposes the shortcomings of the TAA ...

The Role Of Deference In Judicial Review Of Agency Action: A Comparison Of Federal Law, Uniform State Acts, And The Iowa Apa, Anuradha Vaitheswaran, Thomas A. Mayes

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar

Legislation and Policy Brief

In 1941, members of the Attorney General’s Committee on Administrative Procedure agreed unanimously that “an important and far-reaching defect of administrative law has been the simple lack of public information concerning its substance and procedure.” The Freedom of Information Act (FOIA) uniquely addresses this concern by providing members of the general public an opportunity to consider and respond to administrative action by viewing actual agency records. FOIA affords broad access to “any person,” and it has become a key tool for both organizations and individuals who not only wish to learn more about the inner workings of the U ...

Shearson V. United States Department Of Homeland Security: The Sixth Circuit Exempts National Security From The Privacy Act, Douglas A. Behrens

Legislation and Policy Brief

“ARMED AND DANGEROUS.” Imagine those words flashing on a Customs and Border Protection (“CBP”) agent’s computer screen as you attempt to reenter your country of birth from a relaxing vacation. Reacting to the computerized warning, the CBP agents detain and question you for several hours before you are released from custody—without an explanation—and allowed to continue on your trip home as if nothing had happened.

This hypothetical scenario became very real for Julia Shearson and her four-year old daughter in January 2006, and marked the beginning of her quest for answers. Why was she flagged as “ARMED ...

The Real Estate Broker's Fiduciary Duties: An Examination Of Current Industry Standards And Practices, William J. Minick Iii, Marlynn A. Parada

Pepperdine Law Review

No abstract provided.

Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr

Pepperdine Law Review

No abstract provided.

Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel

Pepperdine Law Review

No abstract provided.

The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield

Pepperdine Law Review

No abstract provided.

The Department Of Justice Merger Guidelines: A Critique And A Proposed Improvement, R. Preston Mcafee, Michael A. Williams

Pepperdine Law Review

No abstract provided.

Decisional Integrity And The Business Judgment Rule: A Theory, Alfred Dennis Mathewson

Pepperdine Law Review

No abstract provided.

Deferring To Secrecy, 54 B.C. L. Rev. 185 (2013), Margaret B. Kwoka

Faculty Scholarship

In prescribing de novo judicial review of agencies' decisions to withhold requested information from the public under the Freedom of Information Act (FOIA), Congress deliberately and radically departed from the typical deferential treatment courts are required to give to agencies. Nonetheless, empirical studies demonstrate that the de novo review standard on the books in FOIA cases is not the standard used in practice. In fact, despite being subject to the stringent de novo standard, agencies' FOIA decisions are upheld at a substantially higher rate than agency decisions that are entitled to deferential review. This Article posits that although courts recite ...

Liability Of Broker-Dealers For The Fraudulent Acts Of Their Salesmen Under The Securities Act Of 1933 - Johns Hopkins University V. Hutton

Maryland Law Review

No abstract provided.

Scope Of Employment: Driving Home In Company Vehicles - Phillips V. Cook

Maryland Law Review

No abstract provided.