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Taking Stock -- Salary And Options Too: The Looting Of Corporate America, Kenneth R. Davis 2009 Fordham University

Taking Stock -- Salary And Options Too: The Looting Of Corporate America, Kenneth R. Davis

Kenneth R. Davis

Abstract “Taking Stock – Salary and Options Too: The Looting of Corporate America” Executive compensation has come to mean corporate greed. CEO pay has soared to incomprehensible levels. Even during the current financial crisis, more CEOs saw pay increases than cuts. Public resentment to multi-million dollar paychecks swelled to outrage when AIG and Merrill Lynch used bailout funds to dispense enormous bonuses to executives. The looting of America’s corporations has led to numerous strategies to curb executive compensation. These strategies include heightened corporate disclosure requirements, tax incentives, say-on-pay, and shareholder input into the process for nominating directors. All these strategies ...


The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd 2009 University of Tennessee, Knoxville

The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd

Robert M Lloyd

This article explains the factors courts consider when determining whether to award damages for lost profits. It contains an extensive review of the case law.


The Oft-Ignored Mr. Turton: The Role Of District Collector In A Passage To India, Allen P. Mendenhall 2009 Huntingdon College; Faulkner University; Supreme Court of Alabama

The Oft-Ignored Mr. Turton: The Role Of District Collector In A Passage To India, Allen P. Mendenhall

Allen Mendenhall

E.M. Forster’s A Passage to India presents Brahman Hindu jurisprudence as an alternative to British rule of law, a utilitarian jurisprudence that hinges on mercantilism, central planning, and imperialism. Building on John Hasnas’s critiques of rule of law and Murray Rothbard’s critiques of Benthamite utilitarianism, this essay argues that Forster’s depictions of Brahman Hindu in the novel endorse polycentric legal systems. Mr. Turton is the local district collector whose job is to pander to both British and Indian interests; positioned as such, Turton is a site for critique and comparison. Forster uses Turton to show ...


Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres 2009 Georgia State University College of Law

Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, efforts to ...


Procedural Adequacy, Elizabeth Chamblee Burch 2009 University of Georgia School of Law

Procedural Adequacy, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

This short piece responds to Jay Tidmarsh’s article, Rethinking Adequacy of Representation, 87 Texas Law Review 1137 (2009). I explore Professor Tidmarsh’s proposed “do no harm” approach to adequate representation in class actions from a procedural legitimacy perspective. I begin by considering the assumption underlying his alternative, namely that in any given class action both attorneys and class representatives tend to act as self-interested homo economicus and we must therefore tailor the adequacy requirement to curb self-interest only in so far as it makes class members worse off than they would be with individual litigation. Adopting the “do ...


Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr. 2009 Campbell University School of Law

Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.

Michael B. Kent Jr.

One of the lingering questions about the law of regulatory takings concerns the proper scope and application of the Supreme Court’s exactions jurisprudence, known as the Nollan/Dolan test. A recurring issue in the case law, and of particular importance to this article, is the extent to which the Nollan/Dolan framework applies to takings challenges brought against development impact fees.

By and large, the decisions on the issue split over two primary questions. First, there is a debate about whether Nollan/Dolan is limited to physical exactions or whether the test might also apply to monetary exactions as ...


Applied Legal History: Demystifying The Doctrine Of Odious Debts, Sarah H. Ludington, Mitu Gulati, Alfred L. Brophy 2009 Campbell University School of Law

Applied Legal History: Demystifying The Doctrine Of Odious Debts, Sarah H. Ludington, Mitu Gulati, Alfred L. Brophy

Sarah H. Ludington

"Odious debts" have been the subject of debate in academic, activist, and policymaking circles in recent years. The term refers to the debts of a nation that a despotic leader incurs against the interests of the populace. When the despot is overthrown, the new government - understandably - does not wish to repay creditors who helped prop up the despot. One argument has focused on whether customary international law supports a "doctrine" of odious debts that justifies the nonpayment of sovereign debts when three conditions are met: (1) the debts were incurred by a despotic ruler (without the consent of the populace ...


Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack 2009 Oklahoma City University School of Law

Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack

Carla Spivack

No abstract provided.


National Report: The Law Of Surrogate Motherhood In The United States, carla spivack 2009 Oklahoma City University

National Report: The Law Of Surrogate Motherhood In The United States, Carla Spivack

Carla Spivack

No abstract provided.


The Impact Of Climate Change On Disclosure Requirements, Eric Jamison 2009 Wayne State University

The Impact Of Climate Change On Disclosure Requirements, Eric Jamison

Eric Jamison

The article explores the impact of climate change on publicly held companies and their responsibility to disclose material information to their investors as mandated by SEC reporting requirements. It discusses the current disclosure requirements under Regulation S-K and how climate change risk may be reported under the current regulatory structure.


Therapeutic Jurisprudence And Its Application To Criminal Justice Research And Development, David Wexler 2009 Selected Works

Therapeutic Jurisprudence And Its Application To Criminal Justice Research And Development, David Wexler

David Wexler

Based on the 3rd Annual Martin Tensey Memorial Lecture delivered at the Criminal Courts of Justice in Dublin, May 26, 2010--an introduction to therapeutic jurisprudence(TJ) and an illustration of its application to several issues in criminal justice.


Evolutionary Theory And Legal Positivism: A Possible Marriage, Mauro Zamboni 2009 Faculty of law Stockholm University (Sweden)

Evolutionary Theory And Legal Positivism: A Possible Marriage, Mauro Zamboni

Mauro Zamboni

The basic idea of this work is to arrange a possible marriage of the evolutionary approach to the law with legal positivism, in particular in order to reinforce the position of evolutionary theory within the legal world. In particular, the evolutionary approach to the law, once integrated with certain of the basic ideas of legal positivism, can remedy its lack of a normative side as to law-making, i.e. the absence of a clear message explaining to the addressees why and how the law should change (or not). This lack, in its turn, also offers a partial explanation for the ...


Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley 2009 Seton Hall law School

Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley

Margaret Gilhooley

1/11/10

PREPUBLICATION VERSION

DRUG SAFETY AND COMMERCIAL SPEECH:

TELEVISION ADVERTISEMENTS AND REPRINTS ON OFF-LABEL USES

By Margaret Gilhooley©

ABSTRACT

This paper examines how the constitutional protections for commercial speech have limited the ability of Congress and FDA to regulate prescription drugs in ways that can affect safety. In Thompson v. Western States, the Supreme Court struck down a Congressional restriction on advertisements for unapproved “compound” drugs because a disclosure that FDA had not approved the compound was considered a constitutionally adequate alternative. While drug compounds are a relatively obscure category, the decision influenced Congress in deciding not to ...


The Second Amendment And The Myth Of Neutrality: Mcdonald V. City Of Chicago And Judicial Craftsmanship, Craig L. Jackson 2009 Texas Southern University

The Second Amendment And The Myth Of Neutrality: Mcdonald V. City Of Chicago And Judicial Craftsmanship, Craig L. Jackson

Craig L. Jackson

The Supreme Court opinion in McDonald v. City of Chicago was an exercise in one of the Court’s most solemn duties—the identification of a fundamental right. In this case the right identified as fundamental was the right to keep and bear arms. Perhaps it should be called an anointing of a fundamental right because of all of the different jurisprudences that the Court has engaged in since the latter part of the nineteenth century, the identification of fundamental rights for a polity based on principles of liberty is almost sacred. Yet, a fair reading of the opinion, and ...


Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba 2009 Boston College Law School

Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba

Mary Ann Chirba

No abstract provided.


The True Identity Of Australian Identity Theft Offences: A Measured Response Or An Unjustified Status Offence?, Alex Steel 2009 University of New South Wales

The True Identity Of Australian Identity Theft Offences: A Measured Response Or An Unjustified Status Offence?, Alex Steel

Alex Steel

New offences to deal with internet based identity crime have been created worldwide in recent years and there has been concern at the breadth of such offences. This article provides a detailed analysis of Australian versions of these offences and compares them to other internet related offences, with a focus on Australian and Canadian approaches to the issues. After defining what is meant by identity theft and identity crime it provides an overview of some of the differences in the nature of digital crime that have led to calls for specific legislation, and some of the problems that face traditional ...


Constitutional Specificity, Unwritten Understandings And Constitutional Agreement, Tom Ginsburg 2009 University of Chicago

Constitutional Specificity, Unwritten Understandings And Constitutional Agreement, Tom Ginsburg

Tom Ginsburg

No abstract provided.


It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng 2009 Arizona Summit Law School

It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng

Jennifer E Spreng

In Fall 2008, a nascent classroom community emerged among my Civil Procedure students, teaching assistants and I. That term’s adventure eventually became the vital “past” for the fully formed community that would knit students of future classes together as one.

The genesis of this early classroom community was my ideal of “the good lawyer” as the small-firm or small-jurisdiction practitioner I had known as a seven-year solo practitioner in a town of 50,000 people. That ideal was a combination of “the rhythms of the law” that run throughout the specialties; a more respectful and less stratified model of ...


Discovery Of A New Element Or New Element Groups And Associated Dangers And Risks, After The Trans Uranium And Uranium Investigations .Why Some Elements Or Element Groups May Be Left As Art, Drawings Or Ideas To Limit Radiation Exposure Risks And Also To Avoid Legal Problems Related To Toxicity, James T. Struck 2009 Dinosaurs Trees Religion and Galaxies

Discovery Of A New Element Or New Element Groups And Associated Dangers And Risks, After The Trans Uranium And Uranium Investigations .Why Some Elements Or Element Groups May Be Left As Art, Drawings Or Ideas To Limit Radiation Exposure Risks And Also To Avoid Legal Problems Related To Toxicity, James T. Struck

James T Struck

A new element or element group could be described consisting of parts of neutrons and parts of protons. We can draw exotic and new elements without producing them. When someone produces this new element group of combinations of parts of protons and parts of neutrons, we can understand that there will be associated health risks that can be avoided through discussion of these risks. Because radiation is discriminated against with denial of rights by some organizations, the elements are more safely not produced to avoid associated discrimination such as denial of phone, visitation, fresh air, consent, chemicals used, religious services ...


Taxes And Takings - And First Principles, George B. Hefferan Jr 2009 Selected Works

Taxes And Takings - And First Principles, George B. Hefferan Jr

George B Hefferan Jr

No abstract provided.


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