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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 ...


Sixth Annual Chief Justice Ronald M. George Distinguished Lecture: A Conversation With Bill Suter, Erik Christensen 2014 Golden Gate University School of Law

Sixth Annual Chief Justice Ronald M. George Distinguished Lecture: A Conversation With Bill Suter, Erik Christensen

Ronald M. George Distinguished Lecture Series

Program Handbook for:

Sixth Annual Chief Justice Ronald M. George Distinguished Lecture: A Conversation with Bill Suter - Former Clerk for the United States Supreme Court, and former acting Judge Advocate General for the United States Army

and

Second Annual Veterans Law Conference
Presented by the Law Students Veterans Coalition of Northern California


Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson 2014 University of Georgia School of Law

Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson

Georgia Journal of International & Comparative Law

No abstract provided.


Customary International Human Rights Law In Domestic Court Decisions, Gordon A. Christenson 2014 University of Georgia School of Law

Customary International Human Rights Law In Domestic Court Decisions, Gordon A. Christenson

Georgia Journal of International & Comparative Law

No abstract provided.


The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman 2014 University of Georgia School of Law

The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman

Georgia Journal of International & Comparative Law

No abstract provided.


The Dimensions Of Judicial Impartiality, Charles Gardner Geyh 2014 University of Florida Levin College of Law

The Dimensions Of Judicial Impartiality, Charles Gardner Geyh

Florida Law Review

Scholars have traditionally analyzed judicial impartiality piecemeal, in disconnected debates on discrete topics. As a consequence, current understandings of judicial impartiality are balkanized and muddled. This Article seeks to reconceptualize judicial impartiality comprehensively, across contexts. In an era when “we are all legal realists now,” perfect impartiality—the complete absence of bias or prejudice—is at most an ideal; “impartial enough” has, of necessity, become the realistic goal. Understanding when imperfectly impartial is nonetheless impartial enough is aided by conceptualizing judicial impartiality in three distinct dimensions: a procedural dimension, in which impartiality affords parties a fair hearing; a political dimension ...


Judicial Logrolling, F. Andrew Hessick, Jathan P. McLaughlin 2014 University of Florida Levin College of Law

Judicial Logrolling, F. Andrew Hessick, Jathan P. Mclaughlin

Florida Law Review

In the federal judicial system, multiple judges hear cases on appeal. Although assigning cases to multiple judges provides a number of benefits, it also generates the potential for conflict. Because each judge has his own set of preferences and values, judges on appellate panels often disagree with each other. Judges currently resolve these disagreements by filing separate opinions or drafting compromise opinions. A different way to resolve these disagreements is to allow vote trading across cases. Scholars and judges have condemned this practice, however, and judges have insisted that it does not occur.

This Article argues that the blanket condemnation ...


The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow 2014 SelectedWorks

The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow

Curtis E.A. Karnow

A short note on confirmation bias and cognitive dissonance as it affects decision making by lawyers and judges.


The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer 2014 Seattle University School of Law

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s ...


Defending Legal Realism: A Response To Four Critics, Hanoch Dagan 2014 BLR

Defending Legal Realism: A Response To Four Critics, Hanoch Dagan

Tel Aviv University Law Faculty Papers

My recently published book, Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013), seeks to revive our understanding of law as a set of institutions accommodating three sets of constitutive tensions: power and reason, science and craft, and tradition and progress. This Issue of Critical Analysis of Law honored me with the publication of thoughtful and generous book reviews by Alan Brudner, Dan Farbman, Joseph Singer, and Laura Underkuffler. This short Essay reflects upon their insightful and important observations and attempts to provide some answers to their interesting and intriguing critiques of my account. I begin with ...


Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele 2014 University of Georgia School of Law

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.


The Real Constitutional Problem With State Judicial Selection: Due Process, Judicial Retention, And The Dangers Of Popular Constitutionalism, Martin H. Redish, Jennifer Aronoff 2014 College of William & Mary Law School

The Real Constitutional Problem With State Judicial Selection: Due Process, Judicial Retention, And The Dangers Of Popular Constitutionalism, Martin H. Redish, Jennifer Aronoff

William & Mary Law Review

In Caperton v. A.T. Massey Coal Co., decided in 2009, the Supreme Court held for the first time that conduct related to a judicial election campaign violated a litigant’s right to procedural due process because the opposing litigant had contributed an inordinate amount of money to the campaign of one of the justices ruling on the case. The due process danger recognized in Caperton rests on a fear of retrospective gratitude—that is, the fear that the Justice would decide his contributor’s case differently because he was grateful for the litigant’s generous support. The Court’s ...


International Norms In Constitutional Law, Michael Wells 2014 University of Georgia School of Law

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of International Sources In Constitutional Opinion, Daniel Bodansky 2014 University of Georgia School of Law

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez 2014 University of Georgia School of Law

All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez

Georgia Journal of International & Comparative Law

No abstract provided.


Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar 2014 Western University

Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar

Western Journal of Legal Studies

Technological innovations are changing the practice of law. Lawyers need to be aware of both the advantages of new technologies and the novel concerns that arise in the digital age. This article discusses eight issues that lawyers should be aware of with respect to technological advances within the legal field: (1) cloud technology, (2) the privacy implications that arise from new technology, (3) data storage technology, (4) electronic trials and hearings, (5) demonstrative evidence, (6) digital exhibit books, (7) internet searches and witnesses, and (8) video conference testimony.


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña 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 ...


Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove 2014 SelectedWorks

Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove

Amir Shachmurove

No abstract provided.


Judicial Overstating, Dan Simon, Nicholas Scurich 2014 BLR

Judicial Overstating, Dan Simon, Nicholas Scurich

University of Southern California Legal Studies Working Paper Series

Ostensibly, we are all Legal Realists now. No longer do legal theorists insist that judicial decision making fits the mechanical and formalist characterizations of yesteryear. Yet, the predominant style of American appellate court opinions seems to adhere to that improbable mode of adjudication. As argued elsewhere, opinions habitually provide excessively large sets of syllogistic reasons and portray the chosen decision as certain, singularly correct, and as determined inevitably by the legal materials (Simon, A Psychological Model of Judicial Decision Making, 1998).

This article examines two possible explanations for this rhetorical style of Judicial Overstating. First, we review the psychological research ...


With All Deliberate Speed: Nlrb V. Canning And The Case For Originalism, Adam Lamparello 2014 SelectedWorks

With All Deliberate Speed: Nlrb V. Canning And The Case For Originalism, Adam Lamparello

Adam Lamparello

Record numbers of Americans are renouncing their citizenship. California’s citizens have amassed enough signatures to place on the 2016 ballot a proposal to divide California into six separate states. At least 34 states recently called for a second constitutional convention. Several states have ignored or enacted laws defying Supreme Court precedent. One has threatened to secede. Former Supreme Court Justice John Paul Stevens has responded to this crisis by calling for the addition of six constitutional amendments, several of which expand federal authority. That, in a nutshell, is the problem. This Article argues that, to remedy the imbalance in ...


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