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Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation, Michael J. Kaufman, John M. Wunderlich 2010 Cornell University Law School

Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation, Michael J. Kaufman, John M. Wunderlich

Cornell Journal of Law and Public Policy

No abstract provided.


Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy, Kimani Paul-Emile 2010 Cornell University Law School

Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy, Kimani Paul-Emile

Cornell Journal of Law and Public Policy

No abstract provided.


Red Mass: 2009 Homily, Gregory A. Kalscheur S.J. 2010 Boston College Law School

Red Mass: 2009 Homily, Gregory A. Kalscheur S.J.

Boston College Law School Faculty Papers

This homily was delivered by Fr. Kalscheur at the Detroit Red Mass celebrated at Sts. Peter and Paul Church in Detroit, Michigan on September 29, 2009. The Red Mass (a Mass at which red vestments are worn, marking the beginning of the new judicial term and invoking the guidance of the Holy Spirit), is attended by judges, lawyers, and public officials of all faiths asking God’s blessings in their work as servants of the law seeking to work more effectively for justice and freedom for all. The homily invited those present to reflect on a critical question: who are ...


Should The Google Book Settlement Be Approved?, Pamela Samuelson 2010 Berkeley Law

Should The Google Book Settlement Be Approved?, Pamela Samuelson

Faculty Scholarship

No abstract provided.


The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West 2010 University of Georgia School of Law

The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West

Scholarly Works

Increasingly more “ordinary” Americans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories, they are exposing private information about others as well. The face-off between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it.

In a prior article, I established that autobiographical speech is a unique and important category of speech that is at risk of being undervalued under current law. This article builds on my earlier work by addressing the emerging conflict between ...


Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch 2010 University of Pennsylvania Law School

Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch

Faculty Scholarship at Penn Law

The Modern Corporation and Private Property highlighted the evolving separation of ownership and control in the public corporation and the effects of that separation on the allocation of power within the corporation. This essay explores the implications of intermediation for those themes. The article observes that intermediation, by decoupling economic ownership and decision-making authority within the shareholder, creates a second layer of agency issues beyond those identified by Berle and Means. These agency issues are an important consideration in the current debate over shareholder empowerment. The article concludes by considering the hypothetical shareholder construct implicit in the Berle and Means ...


Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter 2010 Indiana University Maurer School of Law

Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter

University of Michigan Journal of Law Reform

Charitable donations fund social goods that the state and markets undersupply. Despite widespread belief in the importance of private charity, most Americans donate little or nothing. Experiments in behavioral economics show that anonymity, not human nature, causes low contributions. Anonymity poses a particular challenge for charity because of the special character of the obligation. Charity is a disjunctive social norm, meaning the obligation is owed to "A or B or C or ...". Disclosure of each individual's aggregate conduct is necessary for the effectiveness of any disjunctive social norm. To revitalize charity we propose a public registry where each taxpayer ...


Turning A Short-Term Fling Into A Long-Term Commitment: Board Duties In A New Era, Nadelle Grossman 2010 Marquette University Law School

Turning A Short-Term Fling Into A Long-Term Commitment: Board Duties In A New Era, Nadelle Grossman

University of Michigan Journal of Law Reform

Corporate boards face significant pressure to make decisions that maximize profits in the short run. That pressure comes in part from executives who are financially rewarded for short-term profits despite the long-term risks associated with those profit-making activities. The current financial crisis, where executives at AIG and numerous other institutions ignored the long-term risks associated with their mortgage backed securities investments, arose largely because those executives were compensated for the short-term profits generated by those investments despite their longer-term risks. Pressure on boards for short-term profits also comes from activist investors who seek to make quick money off of trading ...


Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson 2010 Harvard Law School

Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson

University of Michigan Journal of Law Reform

The ongoing debates over the legitimacy of judicial review-the power of courts to strike down unconstitutional statutes-as well as the evolving school of thought called "popular constitutionalism, " are characterized by a preoccupation with the Supreme Court as the embodiment of judicial power This is a striking shortcoming in prevailing constitutional theory, given the fact that in the United States, inferior courts engage in constitutional adjudication and in acts of judicial review on a daily basis, in ways that are importantly different from the familiar practices of the Supreme Court. The Article breaks down this monolithic concept of "the courts" by ...


The French Huissier As A Model For U.S. Civil Procedure Reform, Robert W. Emerson 2010 Warrington College of Business Administration, University of Florida

The French Huissier As A Model For U.S. Civil Procedure Reform, Robert W. Emerson

University of Michigan Journal of Law Reform

Huissiers de justice serve multiple roles in the French legal system. One is that of a court officer who compiles dossiers (reports). In that role, the huissier is d'audiencier (literally translated as "hearing" or "assisting") and works directly for the court system itself.

The huissier's report remains alien to the American lawyer, who is steeped in notions of procedure and "testimonialism" and in principles of fairness which appear ancient, but are rather modern dissimulations of law and equity's rich history in the American tradition. An important aspect of most legal processes, the collection of data in preparation ...


Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz 2010 University of Michigan Law School

Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz

University of Michigan Journal of Law Reform

Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private plaintiff ...


Broadband Openness Rules Are Fully Justified By Economic Research, Nicholas Economides 2010 New York University

Broadband Openness Rules Are Fully Justified By Economic Research, Nicholas Economides

New York University Law and Economics Working Papers

This paper responds to arguments made in filings in the FCC’s broadband openness proceeding (GN Dkt. 09-191) and incorporates data made available since my January 14th filing in that proceeding. Newly available data confirm that there is limited competition in the broadband access marketplace. Contrary to some others’ arguments, wireless broadband access services are unlikely to act as effective economic substitutes for wireline broadband access services (whether offered by telephone companies or cable operators) and instead are likely to act as a complement. Nor will competition in the Internet backbone marketplace constrain broadband providers’ behavior in providing “last mile ...


Why Imposing New Tolls On Third-Party Content And Applications Threatens Innovation And Will Not Improve Broadband Providers’ Investment, Nicholas Economides 2010 New York University

Why Imposing New Tolls On Third-Party Content And Applications Threatens Innovation And Will Not Improve Broadband Providers’ Investment, Nicholas Economides

New York University Law and Economics Working Papers

While some broadband providers have called Internet content and application providers free riders on their infrastructure, this is incorrect and misguided. End-users pay for their residential broadband providers for access to the Internet, and content providers pay their own ISPs for connectivity as well. However, content providers need not pay residential broadband providers’ ISPs in order to reach their customers. This feature of the Internet has been one key factor that has allowed innovation to prosper and kept barriers to entry low, as the network transport market for content and application providers functions relatively efficiently.

In this paper, I consider ...


La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny 2010 University of Pennsylvania

La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny

Javier E Revelo-Rebolledo

No abstract provided.


Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny 2010 University of Pennsylvania

Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny

Javier E Revelo-Rebolledo

No abstract provided.


2010 Supreme Court Review, Ingrid Hillinger 2010 Boston College Law School

2010 Supreme Court Review, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Legal Ethics In China, Judith McMorrow 2010 Boston College Law School

Legal Ethics In China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


Protecting Human Rights Begins At Home: Review Of Shadi Mokhtari's 'After Abu Ghraib', Anthony Chase, Chelsea Moore 2010 Occidental College

Protecting Human Rights Begins At Home: Review Of Shadi Mokhtari's 'After Abu Ghraib', Anthony Chase, Chelsea Moore

Anthony Chase

No abstract provided.


It Rose From The Grave! The Return Of Boris Badenough, J. Leonard 2010 Campbell University School of Law

It Rose From The Grave! The Return Of Boris Badenough, J. Leonard

J. Rich Leonard

No abstract provided.


Bad Faith In South Carolina Insurance Contracts : From Tyger River Pine Co. V. Maryland Cas. Co. To Mitchell V. Fortis Ins. Co., Constance Anastopoulo 2010 Charleston School of Law

Bad Faith In South Carolina Insurance Contracts : From Tyger River Pine Co. V. Maryland Cas. Co. To Mitchell V. Fortis Ins. Co., Constance Anastopoulo

Constance A. Anastopoulo

No abstract provided.


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