Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler 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, 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, 2015 The University of Akron School of Law
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 ...
Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit
The last few decades have witnessed dramatic changes in the institutions of family and parenthood and an abandonment of the historical emphasis on their bionormative structures. These changes are the result of societal shifts with respect to public openness and technological innovations that segregate marital relations from sexuality and fertility. The resultant parenthood structures, which depart from traditional spousal and parental models, intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Sir Henry Maine famously stated that mankind is pacing from status toward contract. This theme has had particular resonance during the past half century in ...
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, 2014 SelectedWorks
The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze
The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause ...
El Fideicomiso En La Planificación Sucesoria, 2014 SelectedWorks
El Fideicomiso En La Planificación Sucesoria, Carlos Molina Sandoval
Carlos Molina Sandoval
Pese a que el fideicomiso testamentario podría verse como un canal “extrajudicial” de resolver la herencia, ello no es así. Podrá serlo en el “fideicomiso de planificación patrimonial”, pero no en el “fideicomiso testamentario”. En este último caso, es menester iniciar un proceso sucesorio a los fines de la aprobación del testamento y eventualmente realizar las operaciones de inventario, avalúo y partición.
Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, 2014 SelectedWorks
Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, Sarah H. Jenkins
Sarah H Jenkins-Hobbs
After the promulgation of the Restatement (Second) of the Law of Contracts with its expanded theory of Section 90, quasi-contract and promissory estoppel were hailed as the only theories needed for recovery. Contract was dead! This was the dominant prospective regarding the continued efficacy of contract and contract law. The contract theorists were wrong. The mushrooming global interdependency among nations demands legal rules and principles to govern exchanges between businesses and reaffirms the value of contract as a juridical tool. The United Nations Convention on Contracts for the International Sale of Goods as a recent promulgation reaffirms the ...
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, 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 ...
Options And Rights In Real Property…. Oh My!! The Scary Truth About Future Interests, Alisa M. Levin
Alisa M Levin
The law is a many splendored thing, but one thing is clear, that certain kinds of contracts and rights embodied within contracts can be confusing, especially for attorneys. True to form then, where even lawyers practicing in a particular area of law find something difficult to deal with, or they find that the law itself is unclear or that it has many ways to say the same thing, clarity is a welcome thing. In relation to real estate law in particular and specifically about the law of options and rights embodied within real estate contracts (whether purchase/sale documents or ...
Promises To Keep? Coaches Tubby Smith, Jimmy Williams And Lessons Learned In 2012, Adam Epstein, Henry Lowenstein
The primary purpose of this article is to explore the 2012 legal decision that stemmed from an employment-related fiasco in 2007 when Coach Orlando Henry “Tubby” Smith first formed his staff at UM and asked coach Jimmy Williams from Oklahoma State University to join him as an assistant coach. Smith’s offer, however, proved not to be a legally binding offer, at least according to the Minnesota Supreme Court, because Smith apparently did not have the authority to make the offer in the first place. In fact, Jimmy Williams was declared by the Minnesota Supreme Court majority to have been ...
The Practice Of Promise And Contract, 2014 NELLCO
The Practice Of Promise And Contract, Liam B. Murphy
New York University Public Law and Legal Theory Working Papers
This chapter defends an instrumental justification of contract law. The reason to have contract law is to make possible socially beneficial transactions that otherwise would not occur. The chapter thus rejects corrective justice accounts of contract (whether grounded in promisees’ expectation or reliance interests) and the idea that the point of contract law is to enforce the moral obligations of promisors. A strong connection between contract and promise is nonetheless defended. The basic role of contract law is to support the practice of the making and keeping of promises and agreements, and encourage its use. This makes performance or something ...
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
No abstract provided.
Tax Naked Credit Default Swaps For What They Are: Legalized Gambling, 2014 University of Massachusetts School of Law
Tax Naked Credit Default Swaps For What They Are: Legalized Gambling, James Blakey
University of Massachusetts Law Review
Credit default swaps (CDSs) gained notoriety for their role in the global financial crisis. In late 2011, the IRS proposed new regulations that would classify CDSs bought by someone who does not own the credit, known as "naked" CDSs, as "financial instruments" and thereby qualify them for the highly beneficial capital gains tax treatment. This classification is incorrect. Naked CDSs, which constitute about 80% or more of all CDSs, are not financial instruments at all. Rather, this article argues, they are gambling wagers -- the winnings on which are taxable at the ordinary income tax rate. This is not the radical ...
Los Tormentos De La Teoría Del Contacto Social: Contextualizando (Otra Vez) Una Categoría Jurídica, 2014 Latin American and Caribbean Law and Economics Association
Los Tormentos De La Teoría Del Contacto Social: Contextualizando (Otra Vez) Una Categoría Jurídica, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
No abstract provided.
Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott
A. Bryan Endres
As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards, farmers will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of farmland in the U.S. that is leased, such contributions will represent a significant, though currently not well understood, portion of the biofuel industry supply chain. Through the use of contracts as governance schemes, the parties to a bioenergy farm lease can navigate three key areas of such ...
Dirty Debts Sold Dirt Cheap, 2014 SelectedWorks
Dirty Debts Sold Dirt Cheap, Dalie Jimenez
This Article examines the sale and purchase of consumer debts (e.g., delinquent credit card debts) through the lens of a rare collection of contracts.† It finds that in many instances, sellers disclaim all warranties about the underlying debts sold or the information transferred, sometimes as far as specifically refusing to stand by “the accuracy or completeness of any information provided.” The Article argues that the collection of consumer debts sold through these transactions violates the Fair Debt Collection Practices Act’s prohibition against using deceptive or misleading representations in connection with the collection of a debt. After considering potential ...
Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett
University of Southern California Law and Economics Working Paper Series
Hollywood film studios, talent and other deal participants regularly commit to, and undertake production of, high-stakes film projects on the basis of unsigned “deal memos”, informal communications or draft agreements whose legal enforceability is uncertain. These “soft contracts” constitute a hybrid instrument that addresses a challenging transactional environment where neither formal contract nor reputation effects adequately protect parties against the holdup risk and project risk inherent to a film project. Parties negotiate the degree of contractual formality, which correlates with legal enforceability, as a proxy for allocating these risks at a transaction-cost savings relative to a fully formalized and specified ...
¿La Noción De Contrato Es Homogénea?, 2014 Latin American and Caribbean Law and Economics Association
¿La Noción De Contrato Es Homogénea?, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
No abstract provided.
Deals Or No Deals: Integrating Transactional Skills In The First Year Curriculum, 2014 SelectedWorks
Deals Or No Deals: Integrating Transactional Skills In The First Year Curriculum, Lynnise E. Pantin
Lynnise E. Pantin
No abstract provided.
Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara
No abstract provided.