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 ...
Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss
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, 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 ...
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, 2014 University of San Diego
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy 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 ...
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, 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
No abstract provided.
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Juliet P Kostritsky
ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not ...
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, 2014 SelectedWorks
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Jorge A Mestre
No abstract provided.
Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean
Nevada Supreme Court Summaries
The Court determined one issue: (1) the legal effect of a loan assignment from a homeowner’s original lender to a subsequent purchaser when that assignment violates the terms of the original lender and subsequent purchaser’s Pooling and Servicing Agreement (PSA). More specifically, the court decided whether a loan assignment that is executed after the closing date renders the assignment void and ineffective to transfer ownership of the homeowner’s loan.
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
Jaimie K. McFarlin
The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics ...
Public Good Economics And Standard Essential Patents, 2014 University of Pennsylvania Law School
Public Good Economics And Standard Essential Patents, Christopher S. Yoo
Standard essential patents have emerged as a major focus in both the public policy and academic arenas. The primary concern is that once a patented technology has been incorporated into a standard, the standard can effectively insulate it from competition from substitute technologies. To guard against the appropriation of quasi-rents that are the product of the standard setting process rather than the innovation itself, standard setting organizations (SSOs) require patentholders to disclose their relevant intellectual property before the standard has been adopted and to commit to license those rights on terms that are fair, reasonable, and non-discriminatory (FRAND).
To date ...
Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh
The Federal Circuit was established in 1982 as an appellate court with limited jurisdiction over patent claims. However, the Federal Circuit has used this limited jurisdiction to expand its reach into contract law, developing a federal common law of contract. Given the growing importance of patent litigation in the past three decades, this creation of an independent body of contract law creates uncertainty in transactions involving patents. This troublesome development received attention in Stanford v Roche, a 2011 Supreme Court decision upholding the Federal Circuit's invalidation of a patent assignment to Stanford University. This Article documents the development of ...
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 ...
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, 2014 SelectedWorks
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum
Chad G. Marzen
Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.
Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the ...
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 ...
Does The Endowment Effect Justify Legal Intervention? The Debiasing Effect Of Institutions, Jennifer Arlen, Stephan Tontrup
New York University Law and Economics Working Papers
We claim that the endowment effect rarely justifies legal intervention in private ordering. To our knowledge, we present the first theory to explain how institutions inhibit the endowment effect without altering people’s rights to their entitlements. The endowment effect is substantially caused by anticipated regret. We show that people experience regret only when they feel responsible for the decision and can mute regret by trading through institutions that let them share responsibility with others. As entitlement-holders typically transact through institutions, we expect most people to make unbiased trading decisions in real markets. We test two common institutions—agency and ...