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The Citizen Shareholder: Modernizing The Agency Paradigm To Reflect How And Why A Majority Of Americans Invest In The Market, Anne Tucker 2011 Seattle University School of Law

The Citizen Shareholder: Modernizing The Agency Paradigm To Reflect How And Why A Majority Of Americans Invest In The Market, Anne Tucker

Seattle University Law Review

This Article examines corporate law from the perspective of personal investment and discusses the economic realities of modern investments in order to understand the role of shareholders within the agency paradigm. Corporate law, its scholars, and suggested reforms traditionally focus on the internal organization of the corporation. For example, agency principles inform corporate law by acknowledging a potential conflict of interest between the managers and shareholders of a corporation. Reforms such as increased shareholder voting rights and proxy access, which seek to give shareholders a more direct means to make their interests known to managers, illustrate corporate law’s focus ...


A Shallow Harbor And A Cold Horizon: The Deceptive Promise Of Modern Agency Law For The Theory Of The Firm, David A. Westbrook 2011 Seattle University School of Law

A Shallow Harbor And A Cold Horizon: The Deceptive Promise Of Modern Agency Law For The Theory Of The Firm, David A. Westbrook

Seattle University Law Review

Modern agency law—the consensual agreement of one person to work for and under the control of another—has been widely used to provide a general framework for understanding a great deal of business law. Agency law concepts can be used to frame pedagogical, scholarly, institutional, and even political discourses. In so doing, modern agency law addresses concerns about the institution of the corporation, generally by reference to contract: institutions are created out of essentially consensual, and hence justifiable, relationships among autonomous individuals. So modern agency law is more than a “theory” of the firm in the narrow sense of ...


The Future Of Socialism, Robert Paul Wolff 2011 Seattle University School of Law

The Future Of Socialism, Robert Paul Wolff

Seattle University Law Review

An unpromising title, this, in the seventh year of the third millennium of the Common Era; rather like “Recent Developments in Ptolemaic Astronomy” or “Betamax—a Technology Whose Time Has Come.” My grandfather’s dream, the faith of my younger days, has turned to ashes. And yet, I remain persuaded that Karl Marx has something important to teach us about the world in which we live today. In what follows, I propose to take as my text a famous statement from Marx’s A Contribution to the Critique of Political Economy1—a sort of preliminary sketch of Das Kapital2—and ...


Consumer Lock-In And The Theory Of The Firm, David G. Yosifon 2011 Seattle University School of Law

Consumer Lock-In And The Theory Of The Firm, David G. Yosifon

Seattle University Law Review

The advent of the modern corporation separated not only ownership from control but also production from consumption. The agency problem that arose between owners and managers of firms also emerged between producers and consumers. Just as corporations needed to lock-in capital to sustain large-scale operations, so too did they need to lock-in consumers to justify and reduce the risks of asset-specific investment. Large corporate operations succeeded because they solved both the capital and consumer lock-in challenges. This Article explores ways in which modern consumers, like shareholders, can find themselves in a very real sense locked into the corporations with which ...


Rethinking The Nature Of The Firm: The Corporation As A Governance Object, Peer Zumbansen 2011 Seattle University School of Law

Rethinking The Nature Of The Firm: The Corporation As A Governance Object, Peer Zumbansen

Seattle University Law Review

This Article attempts to bridge two discourses—corporate governance and contract governance. Regarding the latter, a group of scholars has recently set out to develop a more comprehensive research agenda to explore the governance dimensions of contractual relations, highlighting the potential of contract theory to develop a more encompassing theory of social and economic transactions. While a renewed interest in the contribution of economic theory for a concept of contract governance drives one dimension of this research, another part of this undertaking has been to move contract theory closer to theories of social organization. Here, these scholars emphasize the “social ...


Prosecutorial Ethics, R. Michael Cassidy 2011 Boston College Law School

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


The Future Of Law According To The Data, Susan Fortney 2011 Texas A&M University School of Law

The Future Of Law According To The Data, Susan Fortney

Susan S. Fortney

No abstract provided.


Improving The Quality Of Written Opinions, E. Joan Blum 2011 Boston College Law School

Improving The Quality Of Written Opinions, E. Joan Blum

E. Joan Blum

As sole presenter, gave two-day courses to judges and legal officers of Court of Bosnia and Herzegovina with the goal of improving the quality of the court's written decisions.


Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine 2011 Touro Law Center

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Samuel J. Levine

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual ...


Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine 2011 Touro Law Center

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Samuel J. Levine

In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in ...


Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine 2011 Touro Law Center

Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine

Samuel J. Levine

The prevailing trend within the legal community has been to associate the recent decline of professionalism in the practice of law with the emergence of increasing commercialism, indicating that law has become more a business than a profession. Despite the evidence apparently supporting the position that law has evolved into a business, some scholars have responded by reaffirming the professionalism model, arguing that legal practice remains true to its professional ideals. These scholars admit that the professional paradigm is not without its flaws, but argue that it is more likely to lead to a better practice of law than the ...


The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine 2011 Touro Law Center

The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine

Samuel J. Levine

The religious individual faces the constant challenge of reconciling religious ideals with the mundane realities of everyday life. Indeed, it is through the performance of ordinary daily activities that a person can truly observe such religious duties as serving God and loving one's neighbor. For the Orthodox Jew, an intricate set of religious laws and principles governs every area of life. In choosing a career, an Orthodox Jew must therefore be concerned that professional obligations not interfere with the fulfillment of religious ones. While religious duties impose obligations on the religious individual, at the same time they provide opportunities ...


A Primer For Teaching Law As An Adjunct Professor, Rachel A. Van Cleave 2011 Golden Gate University School of Law

A Primer For Teaching Law As An Adjunct Professor, Rachel A. Van Cleave

Publications

After practicing law and perhaps specializing in a particular area for several years, you cannot help but think, "I wish they had taught me [blank] in law school." You start to wonder whether you could teach a class at a local law school. Here are some tips for pursuing such an endeavor.


"What Do You Crave?" Developing Young Lawyers' Ability To Know Themselves, Paula A. Monopoli 2011 University of Maryland School of Law

"What Do You Crave?" Developing Young Lawyers' Ability To Know Themselves, Paula A. Monopoli

Paula A Monopoli

No abstract provided.


Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis 2011 Touro Law Center

Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis

Peter L. Davis

Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and turn students away from ...


Val Nolan, Jr., 2011 Maurer School of Law: Indiana University

Val Nolan, Jr.

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.


Consideraciones Entorno A La Idea Del Estándar De Convicción En El Proceso Civil / Some Thoughts About The Standard Of Proof In Civil Proceedings, Claudio Fuentes Maureira 2011 Universidad Diego Portales

Consideraciones Entorno A La Idea Del Estándar De Convicción En El Proceso Civil / Some Thoughts About The Standard Of Proof In Civil Proceedings, Claudio Fuentes Maureira

Claudio Fuentes Maureira

The paper’s main goal is to present to the Chilean legal community the concept and role of the standard of proof. Chile’s evidentiary system is derived from the Spanish legal tradition and specially the legal regulation of the evidence, in terms of its admissibility but also in terms of its weight. A concept of the standard was not needed until the judicial world start dealing with new evidentiary principles such us the free proof and sound criticism of the evidence.

In general terms the idea of the standard of proof pretends to answer a specific question: How much ...


Law School As A Path To Politics And Public Service, Mary Sue Backus 2011 University of Oklahoma College of Law

Law School As A Path To Politics And Public Service, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, BYU Law School Alumni Association, J. Reuben Clark Law School 2011 Brigham Young University Law School

Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post 2011 Touro Law Center

Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post

Deborah W. Post

No abstract provided.


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