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Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma College of Law

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss 2015 Duke Law

Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss

Faculty Scholarship

Does a liberal state have a legitimate interest in defining the terms of intimate relationships? Recently, several scholars have answered this question “no” and concluded that the state should abolish marriage, along with all other categories of intimate status. While politically infeasible, these proposals offer a powerful thought experiment. In this Article, I use this thought experiment to argue that the law cannot avoid relying on intimate status norms and has legitimate reasons to retain an intimate status like marriage.

The argument has three parts. First, even if the law abolished licensed status categories, ordinary doctrines in tort, contract and ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari 2014 University of Georgia School of Law

Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari

Georgia Journal of International & Comparative Law

No abstract provided.


Law In Ancient Egyptian Fiction, Russ VerSteeg 2014 University of Georgia School of Law

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.


Closing The “Free Speech” Loophole: The Case For Protecting College Athletes’ Publicity Rights In Commercial Video Games, Marc Edelman 2014 University of Florida Levin College of Law

Closing The “Free Speech” Loophole: The Case For Protecting College Athletes’ Publicity Rights In Commercial Video Games, Marc Edelman

Florida Law Review

When Electronic Arts Inc. (Electronic Arts) launched its video game series NCAA Football in June 1993, the available technology limited developers to crafting avatars that looked like faceless figurines. Today, however, advancements in digital technology have enabled developers to create “virtual players” that strongly resemble their real-life counterparts. For example, in NCAA Football 12, the avatar that represents University of Florida running back Chris Rainey possesses Chris Rainey’s actual height, weight, skin complexion, and hair style. In addition, both Chris Rainey and his virtual counterpart wear the same jersey number, visor, gloves, and sweatbands.

Recently, Pulitzer Prize-winning journalist Taylor ...


Protecting The Benefit Of A Seller's Bargain In Real Estate Contracts, Matthew Ingber 2014 Touro College Jacob D. Fuchsberg Law Center

Protecting The Benefit Of A Seller's Bargain In Real Estate Contracts, Matthew Ingber

Touro Law Review

No abstract provided.


Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg, Nicholas W. Quesenberry 2014 Touro College Jacob D. Fuchsberg Law Center

Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg, Nicholas W. Quesenberry

Touro Law Review

No abstract provided.


An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, Justin P. Fletcher 2014 University of Georgia School of Law

An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, Justin P. Fletcher

Georgia Journal of International & Comparative Law

No abstract provided.


Summary Of Mason Mcduffie Real Estate V. Villa Fiore Development, 103 Nev. Adv. Op. 83, Jessica Gandy 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Mason Mcduffie Real Estate V. Villa Fiore Development, 103 Nev. Adv. Op. 83, Jessica Gandy

Nevada Supreme Court Summaries

The Court determined that a commercial tenant may not be constructively evicted without “first providing the landlord notice of and a reasonable opportunity to cure the defect”, even when the defect persist after repeated failed attempts to cure by the landlord.


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard 2014 SelectedWorks

Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard

Chunlin Leonhard

Illegal agreement disputes force U.S. courts to wrestle with multiple competing interests. The courts’ approach has been generally explained and understood in terms of the general rule of non-enforcement of illegal agreements with numerous exceptions. The case law on this topic has been described as “a vast, confusing and rather mysterious area of the law.” This article offers the insight that, contrary to common belief, courts’ approach to illegal agreements shows a consistent pattern. A review of randomly selected cases shows that the courts have by and large consistently (albeit implicitly) applied the lesser evil principle in resolving the ...


Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills 2014 University of Georgia School of Law

Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills

Georgia Journal of International & Comparative Law

No abstract provided.


Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison 2014 University of Georgia School of Law

Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison

Georgia Journal of International & Comparative Law

No abstract provided.


Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. McLaughlin 2014 University of Georgia School of Law

Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin

Georgia Journal of International & Comparative Law

No abstract provided.


Reglas Predeterminadas Mayoritarias: Doctrina Jurídica Civilista Y Análisis Económico Del Derecho, Daniel A. Monroy 2014 SelectedWorks

Reglas Predeterminadas Mayoritarias: Doctrina Jurídica Civilista Y Análisis Económico Del Derecho, Daniel A. Monroy

Daniel A Monroy C

Si bien parece excepcional que la doctrina jurídica tradicional efectúe un análisis explícito de orden normativo respecto de las reglas predeterminadas, particularmente en lo que respecta al diseño adecuado de las mismas, esta idea es una simple apariencia, pues lo cierto es que –tal como se demostrará en el trabajo– de un análisis más detenido de la doctrina, se infieren algunas ideas que, en conjunto, permiten delinear un criterio normativo al que responden las reglas predeterminadas en el Derecho de contratos. Dicho criterio resulta coherente con las ideas defendidas de tiempo atrás por el mainstream del Análisis Económico del Derecho ...


The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi 2014 University of Georgia School of Law

The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi

Georgia Journal of International & Comparative Law

No abstract provided.


Mutui Bancari, Ammortamento Alla Francese E Nullità Delle Clausole Sugli Interessi Per Indeterminatezza, Valerio Sangiovanni 2014 SelectedWorks

Mutui Bancari, Ammortamento Alla Francese E Nullità Delle Clausole Sugli Interessi Per Indeterminatezza, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


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