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Rwu First Amendment Blog: David Logan's Blog: Moguls And The Media 1-2-2017, David A. Logan, Roger Williams University 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Moguls And The Media 1-2-2017, David A. Logan, Roger Williams University

Law School Blogs

No abstract provided.


Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan 2016 University of Tulsa College of Law

Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan

Anna E. Carpenter

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as ...


Prescripción Contra El Estado Y Accesión.Pdf, Alan A. Pasco Arauco 2016 Universidad San Marcos

Prescripción Contra El Estado Y Accesión.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


La Actuación Del Propietario. Análisis Del Animus Domini, Enrique Varsi Dr. 2016 Universidad de Lima, Perú

La Actuación Del Propietario. Análisis Del Animus Domini, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

Animus domini es la voluntad de dominio. El elemento objetivo corpus es entendido como el poder de disposición física (tener la cosa), el elemento subjetivo animus domini es el sentirse, y animus rem sibi habendi, es la intención de tener una cosa como propia, ejercer el dominio.


Dashboard Compliance: Benefit, Threat, Or Both?, James Fanto 2016 Brooklyn Law School

Dashboard Compliance: Benefit, Threat, Or Both?, James Fanto

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article poses the basic question that is reflected in its title and that was the subject of the conference where the Article was initially presented: whether technology poses any threats to the mission of compliance and the position of compliance officers, whether it is just another useful tool for them, or whether it is something of both. It begins by explaining the origin of compliance in broker-dealers and investment advisers and its important current position in those firms. It then discusses why compliance officers have always been drawn to technology, particularly to keep up with the business sides of ...


The Question Concerning Technology In Compliance, Sean J. Griffith 2016 Brooklyn Law School

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.


Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian 2016 Brooklyn Law School

Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian

Brooklyn Journal of Corporate, Financial & Commercial Law

As technology transforms financial services, so too must it transform the regulation of financial markets and intermediaries. The imperative of real-time, prophylactic regulation increasingly compels reallocation of regulatory and compliance budgets to surveillance and enforcement technology. At the same time, in light of the well-known weaknesses of automated systems, securities firms (and their regulators) must temper investment in automation with efforts to augment the agency of compliance professionals. This symposium contribution considers how investment in the professional development of compliance personnel can better integrate automated tools within established compliance and supervisory structures and thereby advance regulatory and operational objectives.


Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard 2016 Brooklyn Law School

Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC or Commission) appears to be on the verge of requiring investment advisers to undergo third party examinations. One justification for the rulemaking is that the Commission lacks sufficient resources to examine advisers frequently enough. Another is to create indirectly a self-regulatory organization (SRO) for investments advisers. Both may leave a rulemaking particularly vulnerable to challenge as arbitrary and capricious under the Administrative Procedures Act. This Article considers three novel grounds on which a rulemaking may be successfully challenged. Congress has repeatedly rejected SEC requests to provide additional funding for examinations or to create an ...


Like A Bad Neighbor; Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon 2016 Brooklyn Law School

Like A Bad Neighbor; Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information; the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches; based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp.; is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation; causing the FTC to step in and fill the void in regulation. In the absence of congressional ...


The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi 2016 Brooklyn Law School

The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets; protects consumers; and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades; and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010; the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without ...


Understanding Wellness International Network; Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson 2016 Brooklyn Law School

Understanding Wellness International Network; Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2011 Supreme Court case Stern v. Marshall defined which claims bankruptcy courts had the authority to adjudicate; but it’s complicated holding left lower courts perplexed. Specifically; the Stern decision created “Stern claims”—claims that bankruptcy courts have the statutory; but not the constitutional; authority to adjudicate. Subsequent cases; such as Executive Benefits Insurance Agency v. Arkison and Wellness International Network; Ltd. v. Sharif; have grappled with whether Stern claims should be treated as “core” claims; which bankruptcy courts can enter final judgments on; or “non-core” claims; which bankruptcy courts can only enter final judgments on if the litigating ...


Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber 2016 Brooklyn Law School

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically; bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978; Congress attempted to reduce the discrepancy in compensation. However; after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C.; the playing field remains unequal for bankruptcy attorneys. Following this decision; if a debtor disputes their attorney’s fee application; attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result; bankruptcy attorneys take an effective pay cut if they ...


La Prescripción Adquisitiva Y El Régimen Económico De La Propiedad Privada, Leonardo Jara Bazán 2016 Universidad Nacional Mayor de San Marcos

La Prescripción Adquisitiva Y El Régimen Económico De La Propiedad Privada, Leonardo Jara Bazán

Leonardo Jara Bazan

No abstract provided.


Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer 2016 University of Georgia School of Law

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.


Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent 2016 William & Mary Law School

Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


[Review Of] Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr. 2016 University of New Hampshire

[Review Of] Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.

RISK: Health, Safety & Environment

Review of: Making Decisions about Liability and Insurance (Colin Camerer & Howard Kunreuther eds., Kluwer Academic Publishers 1993). Figures, index, notes, tables. ISBN 0-7923-9393-7 [139 pp. Cloth $89.95. 101 Phillip Drive, Assinippi Park, Norwell MA 02061.1


Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem 2016 Iowa State University

Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem

Peter Orazem

The lower level of school quality available for blacks relative to whites in the segregated era is frequently cited as a primary cause for the currently observed gap in black-white average wages. The inferior education pro­ vided to black children is argued to have caused lower levels of human capital produc­ tion in black schools than white schools. The gap in black-white wages can be traced to this gap in human capital. Similarly, the convergence in black-and-white average wages during the 1960's and 1970's may be explained by the steady convergence in black-and-white school quality and atten­ dance ...


Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder 2016 Indiana University School of Law - Bloomington

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder

David Snyder

No abstract provided.


Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder 2016 Indiana University School of Law - Bloomington

Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder

David Snyder

No abstract provided.


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