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 ...
Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti
Corey A Ciocchetti
Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country homed in on the Supreme Court as the justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act. The case raised important legal issues such as whether the law allows for-profit corporations to exercise religion (yes!) and whether protection for religious freedom trumps the rights of third parties to cost free preventive care (sort of!). The Supreme Court’s decision ...
How Can Government Lawyers Contribute To Accountability, 2014 SelectedWorks
How Can Government Lawyers Contribute To Accountability, Matthew S. R. Palmer Qc
Dr Matthew S. R. Palmer QC
Five admonitions about how government lawyers can contribute to accountability.
‘Point And Click’ Versus Byod: Student Engagement Technologies As An Ethical Imperative For Teaching Law, Elizabeth A. Kirley
Elizabeth A Kirley
What conscientious law professor of first year, large format classes in torts, contracts, or criminal law has not pondered how to better engage students while easing their reluctance to speak out in class? While many students entering law schools are quite adept with student engagement technologies (SETs) from their undergraduate studies, some law faculty seem tied to the passive environment of lectures and PowerPoint presentations and hence reject SET methodologies as so much techno-wizardry. With the entry of web-based programs into the expanding field of SETs, and increasing empirical evidence that interactive learning improves grades, closes gender gaps, and helps ...
Protecting The Profession Through The Pen: A Proposal For Liberalizing Aba Model Rule Of Professional Conduct 5.4 To Allow Multidisciplinary Firms, Candace M. Groth
Hamline Law Review
Abandoning The Dead Donor Rule? A National Survey Of Public Views On Death And Organ Donation, 2014 Florida State University
Abandoning The Dead Donor Rule? A National Survey Of Public Views On Death And Organ Donation, Michael Nair-Collins Phd, Sydney R. Green, Angelina R. Sutin Phd
Behavioral Sciences and Social Medicine Faculty Publications
Brain dead organ donors are the principal source of transplantable organs. However, it is controversial whether brain death is the same as biological death. Therefore, it is unclear whether organ removal in brain death is consistent with the 'dead donor rule', which states that organ removal must not cause death. Our aim was to evaluate the public's opinion about organ removal if explicitly described as causing the death of a donor in irreversible apneic coma. We conducted a cross-sectional internet survey of the American public (n=1096). Questionnaire domains included opinions about a hypothetical scenario of organ removal described ...
Countering Hate On The Internet, 2014 SelectedWorks
Countering Hate On The Internet, Raphael Cohen-Almagor
Hate speech is designed to threaten certain groups publicly and act as propaganda for offline organizations. Hate groups use websites to share ideology and propaganda, to link to similar sites and to recruit new converts, advocate violence and to threat others. The aim of this paper is to analyse the ways hate mongers are utilizing the Internet, and to ask what can be done to counter their activities. The paper discusses the targets of hate on the Internet and offers practical proposals to address this increasing problem and fight against it.
Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, 2014 University of Georgia School of Law
Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, 2014 Western University
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña
Western Journal of Legal Studies
Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...
Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, 2014 Valparaiso University
Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray
Michael D. Murray
This Article discusses the rhetorical value of visual-graphical devices in legal discourse. Rhetoric, the art of persuasive communication, studies the available means to communicate with an audience in an effective, persuasive manner so as to achieve the author’s purpose in the context of a rhetorical situation. This Article joins a rapidly growing conversation on visual rhetoric—the use of graphic and pictorial imagery for effective, persuasive communication.
This Article will discuss the communicative power of visual-graphical works as rhetorical topics of invention and arrangement and tropes of style within contemporary legal rhetoric and modern argument theory. This work will ...
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart
Nevada Supreme Court Summaries
The Court adopted an exception to the common law litigation privilege for legal malpractice and professional negligence actions. A client can pursue malpractice and professional negligence actions against an attorney, and support those actions with communications made in the course of litigation.
Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), 2014 Lincoln Memorial University - Duncan School of Law
Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman
Sydney A. Beckman
In 1917 Harry Houdini performed a single, yet incredible, illusion; “[u]nder the bright spotlights of New York’s Theatre Hippodrome, he made a live elephant disappear.” In 1983 David Copperfield made the Statue of Liberty Disappear in front of both a live and a national television audience. To be sure, neither the elephant nor Lady Liberty actually disappeared. But from the perspective of the audience they did, indeed, disappear. So which is correct? Did they, or didn’t they?
Trial Lawyers and Magicians share many of the same talents and skills. Misdirection, misinformation, selective-attention, ambiguity, verbal manipulation, body language ...
Shame, Angry Judges, And The Social Media Effect, 2014 The Catholic University of America, Columbus School of Law
Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman
Catholic University Law Review
No abstract provided.
A Free Lunch In Chicago, 2014 SelectedWorks
A Free Lunch In Chicago, Curtis E.A. Karnow
Curtis E.A. Karnow
A discussion of the ethical issues implicated by judges’ acceptance of travel and related expenses when attending privately sponsored judicial education, including seminars offered by educational institutions.
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, 2014 Salve Regina University
Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas
Faculty and Staff - Articles & Papers
This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated to ...
Bullshit And The Tribal Client, 2014 SelectedWorks
Bullshit And The Tribal Client, Matthew L.M. Fletcher
Matthew L.M. Fletcher
No abstract provided.
Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, 2014 Golden Gate University School of Law
Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, Mahira Siddiqui
Golden Gate University Law Review
In Marsh, the Ninth Circuit held that a prosecutor who photocopied and kept a child's autopsy photograph (and after retirement gave the copy to the press) was entitled to qualified immunity. The court reasoned that there was no "clearly established" law to inform the prosecutor that his earlier conduct in making and keeping the photocopy was unlawful. In so holding, the Ninth Circuit relied on American Manufacturers Mutual Insurance Co. v. Sullivan, which held that a plaintiff must prove that he or she was "deprived of a right secured by the Constitution or laws of the United States."' Moreover ...
Shades Of Enron: The Legal Ethics Implications Of The General Motors Scandal, 2014 Golden Gate University School of Law
Shades Of Enron: The Legal Ethics Implications Of The General Motors Scandal, Michele Benedetto Neitz
Here we go again. "Where were the Lawyers?" is becoming a predicable refrain in response to any wide-ranging corporate scandal. General Motors is battling a rising deluge of lawsuits, investigations, and government fines in the wake of its February 2014 recall of millions of cars for a safety defect. The defect, a faulty ignition switch, is allegedly responsible for 13 fatalities and hundreds of injuries.
The sorrow of the tragic loss of life in this case is now joined by growing public anger about a cover-up at the company to avoid liability for the defect. GM's engineers and managers ...
Akedah, The Holocaust, And The Limits Of The Law In Roth's "Eli, The Fanatic", 2014 Purdue University
Akedah, The Holocaust, And The Limits Of The Law In Roth's "Eli, The Fanatic", Aimee L. Pozorski
CLCWeb: Comparative Literature and Culture
In her article "Akedah, the Holocaust, and the Limits of the Law in Roth's 'Eli, the Fanatic'" Aimee L. Pozorski argues that Philip Roth's 1957 short story dramatizes the tension between the law on the one hand and the philosophy of ethics, on the other hand with the story's protagonist ultimately choosing ethics as evidenced by his identification with a displaced Hasidic Jew near the story's end. In reading the story through the inter-textual references to the Genesis story of the Akedah, Pozorski discusses the limits of the law in the face of vulnerable children and ...
Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold
New York University Public Law and Legal Theory Working Papers
Scholarly discussion of the Fourth Amendment focuses narrowly on judicial enforcement and the exclusionary rule. This Article takes a different approach: recognizing that prosecutors have a co-equal responsibility to enforce the Fourth Amendment. More specifically, prosecutors have a constitutional and ethical duty not to use evidence that they conclude was unconstitutionally obtained even if that evidence is admissible — the duty of administrative suppression. Instead of analyzing whether evidence would likely be deemed admissible by a court, prosecutors should instead analyze whether the evidence in their cases was gathered unconstitutionally and act accordingly.
Scholars have ignored that as the Supreme Court ...