Taking Stock -- Salary And Options Too: The Looting Of Corporate America, 2009 Fordham University
Taking Stock -- Salary And Options Too: The Looting Of Corporate America, Kenneth R. Davis
Kenneth R. Davis
Abstract of “Taking Stock – Salary and Options Too: The Looting of Corporate American” 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 ...
Harm, Ambiguity, And The Regulation Of Illegal Contracts, 2009 Washington University School of Law
Harm, Ambiguity, And The Regulation Of Illegal Contracts, Adam B. Badawi
Adam B. Badawi
Prohibitions on contract are a common technique for achieving desired policy outcomes. By deeming certain bargains unlawful or contrary to public policy, judges and other policy actors expect to prevent some of the harm that these contracts can create. The presumptive remedy used to accomplish this goal is non-enforcement—which leaves the parties in the position that courts find them. But the standards that govern whether to impose this stern remedy do not place third-party harm at the forefront of the analysis. Consequently, the current framework can underdeter harmful contracts and overdeter contracts that may be harmless. These effects can ...
Race, Death And Disproportionality (Symposium Article), 2009 Chapman University School of Law
Race, Death And Disproportionality (Symposium Article), Scott W. Howe
Scott W. Howe
Statistical studies showing unconscious racial bias in capital selection matter under the eighth amendment. In McCleskey v. Kemp, the Court appeared to shun such evidence as irrelevant to eighth amendment challenges to capital punishment. Yet, this kind of evidence has influenced many of the Justices' views on the constitutionality of the death penalty and has sometimes caused the Court to restrict the use of that sanction under the eighth amendment. My goal, therefore, is to explain why statistical studies concerning race bias in capital selection have limitations as proof but also strong suggestive power that some death sentences amount to ...
Debate, The Right To Remain Silent, 2009 Berkeley Law
Debate, The Right To Remain Silent, Charles D. Weisselberg, Stephanos Bibas
Charles D Weisselberg
Is It Time For A Missouri River Compact?, 2009 University of South Dakota School of Law
Is It Time For A Missouri River Compact?, John Davidson
No abstract provided.
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, 2009 Lewis & Clark Law School
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
No abstract provided.
Lincoln's Lessons For Lawyers, 2009 Pepperdine University
Lincoln's Lessons For Lawyers, Thomas J. Stipanowich
Thomas J. Stipanowich
Professor Stipanowich discusses lessons lawyers can learn from Abraham Lincoln.
Overview And Update On Vehicle Secured Transactions, Certificates Of Title, And Related Issues, 2009 Oklahoma City University School of Law
Overview And Update On Vehicle Secured Transactions, Certificates Of Title, And Related Issues, Alvin C. Harrell, David B. Mccrea
Alvin C. Harrell
Organizations And Economics, 2009 Wesleyan University
Organizations And Economics, Richard Adelstein
A contribution to a symposium on a paper by Richard Posner.
Prepublication Version: A Grotian Moment: Changes In The Legal Theory Of Statehood, 2009 Cleveland State University
Prepublication Version: A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio
International law has undergone profound changes over the last decades. It has transformed itself from a set of rules governing inter-state relations, where states were the only actors, to a complex web of laws, treaties, regulations, resolutions and codes of conduct that govern a variety of state and non-state actors, in their daily interactions. Scholars have thus written about globalization, and the changes brought about through its potent forces. In the process of globalization, states have lost some attributes of sovereignty, and their bundle of sovereign rights has been meshed in with regional and global rules, which often supersede states ...
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Maureen A Weston
Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.
Under USADA rules, an American athlete accused of doping may request an arbitration hearing ...
Asian Americans And Immigration Reform, 2009 University of San Francisco
Asian Americans And Immigration Reform, Bill Ong Hing
Bill Ong Hing
Asian Americans have a lot to gain from progressive immigration reform. Today, our relatives abroad make up the bulk of those who are on a waiting list that can last almost two decades in some categories. Many young men and women from our communities face deportation even though they have grown up in the United States. Some are subjected to harsh Immigration and Customs Enforcement (ICE) raids and detention policies. Of the estimated twelve million undocumented immigrants in the country, demographers tell us that more than 10 percent are from Asian or Pacific countries. Many undocumented Asian Americans are college ...
Kant, Habermas And Democratic Peace, 2009 University of California, Berkeley
Kant, Habermas And Democratic Peace, John C. Yoo, Robert J. Delahunty
John C Yoo
Philosophers of great stature rarely write about international law or international relations. When they do, their writing, though often illuminating, tends to be brief, episodic and marginal to the rest of their work. Major exceptions include the towering eighteenth-century Enlightenment thinker Immanuel Kant and the contemporary German thinker Jürgen Habermas, much of whose highly influential work is devoted to international affairs. The relationship between Kant and Habermas is an extremely close one, and few later thinkers have done as much as Habermas to demonstrate the continuing importance and relevance of Kant’s political thought for the contemporary world. Briefly stated ...
Settling Idea Cases: Making Up Is Hard To Do, 2009 DePaul University College of Law
Settling Idea Cases: Making Up Is Hard To Do, Mark C. Weber
Mark C. Weber
Unreasonable Accommodation And Due Hardship, 2009 DePaul University College of Law
Unreasonable Accommodation And Due Hardship, Mark C. Weber
Mark C. Weber
Special Education From The (Damp) Ground Up: Children With Disabilities In A Charter School-Dependent Educational System, 2009 DePaul University College of Law
Special Education From The (Damp) Ground Up: Children With Disabilities In A Charter School-Dependent Educational System, Mark C. Weber
Mark C. Weber
A New Look At Section 504 And The Ada In Special Education Cases, 2009 DePaul University College of Law
A New Look At Section 504 And The Ada In Special Education Cases, Mark C. Weber
Mark C. Weber
The Creation And Transmission Of Justinian's Novels, 2009 University of Wyoming
The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley
Timothy G. Kearley
The Credit Card Act Of 2009 — What Is It, And What Does It Do?, 2009 University of Arkansas - Main Campus
The Credit Card Act Of 2009 — What Is It, And What Does It Do?, Mary E. Matthews
Mary E Matthews
The Credit Card Accountability Responsibility and Disclosure Act of 2009 (“the Credit CARD Act”) is a promising answer to the problem of implementing reforms that protect credit card users. The Credit CARD Act seeks to protect consumers from misleading and unfair techniques such as high interest rates, improvident extensions of credit, exorbitant fees, charges for methods of payment, incomprehensible card agreements, double-cycle billing, deceptive introductory and promotional rates, and techniques increasing the likelihood of late payment. The Credit CARD Act implements stricter guidelines on credit card issuers. It requires them to provide written notice of any increase in annual percentage ...
Mechanisms For Resolving Divisive Issues In Constitutional Negotiations, 2009 Berkeley Law
Mechanisms For Resolving Divisive Issues In Constitutional Negotiations, Sujit Choudhry, Nicholas Haysom
This issue paper is part of the ‘Constitution-making in Focus’ series and is focusing on how to deal with divisive issues in a constitution-making process. There can be no fool-proof algorithms for resolving divisive issues to achieve this end, but there are mechanisms with which every negotiation process should be equipped.