The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, 2019 Roger Williams University School of Law
The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
The Reverse Agency Problem In The Age Of Compliance, 2019 Ono Academic College
The Reverse Agency Problem In The Age Of Compliance, Asaf Eckstein, Gideon Parchomovsky
All Faculty Scholarship
The agency problem, the idea that corporate directors and officers are motivated to prioritize their self-interest over the interest of their corporation, has had long-lasting impact on corporate law theory and practice. In recent years, however, as federal agencies have stepped up enforcement efforts against corporations, a new problem that is the mirror image of the agency problem has surfaced—the reverse agency problem. The surge in criminal investigations against corporations, combined with the rising popularity of settlement mechanisms including Pretrial Diversion Agreements (PDAs), and corporate plea agreements, has led corporations to sacrifice directors and officers in order to reach settlements …
Congressional Procedure And Statutory Interpretation, 2019 William & Mary Law School
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Neal E. Devins
No abstract provided.
Internet Intermediary Liability In Defamation, 2019 University of Calgary
Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young
Osgoode Hall Law Journal
Given the broad meaning of publication in defamation law, internet intermediaries such as internet service providers, search engines, and social media companies may be liable for defamatory content posted by third parties. This article argues that current law is not suitable to dealing with issues of internet defamation and intermediary responsibility because it is needlessly complex, confusing, and may impose liability without blameworthiness. Instead, the article proposes that publication be redefined to require a deliberate act of communicating specific words. This would better reflect blameworthiness and few intermediaries would be liable in defamation under this test. That said, intermediaries profit …
Deceptively Simple: The Arkansas Deceptive Trade Practices Act, 2019 University of Arkansas, Fayetteville
Deceptively Simple: The Arkansas Deceptive Trade Practices Act, Margaret E. Rushing
Arkansas Law Review
In the 2017 legislative session, the Arkansas General Assembly significantly changed the Arkansas Deceptive Trade Practices Act (“ADTPA”). These changes now prohibit private class actions under the ADTPA and require plaintiffs to prove additional elements of reliance and actual financial loss when bringing a claim. The changes appear to limit the ability of a consumer to bring a private action under the ADPTA. With these changes, Arkansas joins a minority of jurisdictions with deceptive trade practices acts that increase a plaintiff’s burden and restrict private class actions.
Rights And Retrenchment In The Trump Era, 2019 University of Pennsylvania Law School
Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang
Sean Farhang
Our aim in this Article is to leverage the archival research, data, and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, to illuminate the prospects for retrenchment in the current political landscape. In the book, we documented how an outpouring of rights-creating legislation from Democratic Congresses in the 1960s and 1970s, much of which contained provisions designed to stimulate private enforcement, prompted the conservative legal movement within the Republican Party to devise a response. Recognizing the political infeasibility of retrenching substantive rights, the movement’s strategy was to weaken the infrastructure for enforcing them. …
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, 2019 University of Pennsylvania Law School
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …
Mashups And Fair Use: The Bold Misadventures Of The Seussian Starship Enterprise, 2019 Berkeley Law
Mashups And Fair Use: The Bold Misadventures Of The Seussian Starship Enterprise, Peter Menell, Shyamkrishna Balganesh, David Nimmer
All Faculty Scholarship
This amicus brief filed in the Ninth Circuit appeal of Dr. Seuss Enterprises v. ComicMix seeks to rectify and restore the balances underlying the Copyright Act of 1976 — particularly the interplay of the Section 106(2) right to prepare derivative works and the fair use doctrine. The District Court granted the defendants’ motion for summary judgment on the ground that OH THE PLACES YOU’LL BOLDLY GO! — the defendants’ illustrated book combining Dr. Seuss’s OH THE PLACES YOU’LL GO! and other Dr. Seuss books with Star Trek characters and themes — made fair use of the Dr. Seuss works.
Based …
The Supreme Court And Public Schools, 2019 University of California, Berkeley School of Law
The Supreme Court And Public Schools, Erwin Chemerinsky
Erwin Chemerinsky
Review of Justin Driver's The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, 2019 Bowling Green State University
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler
WRIT: Journal of First-Year Writing
In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a part …
Department Of Insurance, 2019 University of San Diego
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Due Process Supreme Court Rockland County, 2019 Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department, 2019 Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division, 2019 Touro University Jacob D. Fuchsberg Law Center
Due Process Pringle V. Wolfe (Decided 28, 1996), 2019 Touro University Jacob D. Fuchsberg Law Center
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Due Process People V. Scott (Decided June 5, 1996), 2019 Touro University Jacob D. Fuchsberg Law Center
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Due Process Court Of Appeals, 2019 Touro University Jacob D. Fuchsberg Law Center
Supreme Court Queens County, 2019 Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy, 2019 Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department, 2019 Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.