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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 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, Adam B. Badawi 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), Scott W. Howe 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, Charles D. Weisselberg, Stephanos Bibas 2009 Berkeley Law

Debate, The Right To Remain Silent, Charles D. Weisselberg, Stephanos Bibas

Charles D Weisselberg

In The Right to Remain Silent, Professors Charles Weisselberg and Stephanos Bibas debate the state of the right to remain silent after the Supreme Court’s decision in Berghuis v. Thompkins, which held that a suspect in custody must affirmatively state her intent to remain silent in order to invoke that right.


Is It Time For A Missouri River Compact?, John Davidson 2009 University of South Dakota School of Law

Is It Time For A Missouri River Compact?, John Davidson

John Davidson

No abstract provided.


The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher 2009 Lewis & Clark Law School

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Stephen Raher

No abstract provided.


Lincoln's Lessons For Lawyers, Thomas J. Stipanowich 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, Alvin C. Harrell, David B. McCrea 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

NA


Organizations And Economics, Richard Adelstein 2009 Wesleyan University

Organizations And Economics, Richard Adelstein

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, Milena Sterio 2009 Cleveland State University

Prepublication Version: A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio

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. 2009 Pepperdine University

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, Bill Ong Hing 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, John C. Yoo, Robert J. Delahunty 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, Mark C. Weber 2009 DePaul University College of Law

Settling Idea Cases: Making Up Is Hard To Do, Mark C. Weber

Mark C. Weber

Like most other legal disputes, most cases brought under the Individuals with Disabilities Education Act (IDEA) settle. But although IDEA, the federal law governing special education, was enacted a generation ago, litigants still lack guidance how the mechanisms of settlement should work, what the settlement agreement should look like, and what to do if one side of the dispute fails to live up to its agreement. Settling an IDEA case entails unique issues—and unique pitfalls—that make the topic even more challenging than the settlement of other cases. IDEA has a mediation provision with extensive requirements and a one-of-a-kind ...


Unreasonable Accommodation And Due Hardship, Mark C. Weber 2009 DePaul University College of Law

Unreasonable Accommodation And Due Hardship, Mark C. Weber

Mark C. Weber

This Article analyzes authoritative sources concerning the Americans with Disabilities Act accommodation requirement and concludes: (1) Reasonable accommodation and undue hardship are two sides of the same coin. The statutory duty is accommodation up to the limit of hardship, and reasonable accommodation should not be a separate hurdle for claimants to surmount apart from the undue hardship defense. There is no such thing as “unreasonable accommodation” or “due hardship.” (2) The duty to accommodate is a substantial obligation, one that may be expensive to satisfy, and one that is not subject to a cost-benefits balance, but rather a cost-resources balance ...


Special Education From The (Damp) Ground Up: Children With Disabilities In A Charter School-Dependent Educational System, Mark C. Weber 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

Hurricane Katrina created the need and the opportunity to reconstitute the New Orleans public school system. Educational reformers took advantage of the destruction of existing institutions to build a new system based on educational choice and dependent on charter schools to provide the choices. The disaster also created the need and opportunity to rebuild the system of special education in the city, but education for children with disabilities appears to have been an afterthought. Reports have surfaced of children being steered away from charter schools or inadequately served there. This paper asks what principles should guide reformers in establishing education ...


A New Look At Section 504 And The Ada In Special Education Cases, Mark C. Weber 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

School districts are finding fewer children eligible for services under the Individuals with Disabilities Education Act (IDEA). At the same time Congress has expanded the number of children who are protected by section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA). These developments present the largely unexplored question of what obligations school districts owe children who have disabilities and are protected under section 504 and the ADA, but who are not eligible for services under IDEA. This article concludes that these children must be provided an education that meets their needs as adequately ...


The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley 2009 University of Wyoming

The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley

Timothy G. Kearley

Drawing primarily upon the most authoritative foreign-language sources, this article provides an English-language survey of how compilations of Justinian's Novels (novellae constitutions) were created and passed along over nearly two thousand years.


The Credit Card Act Of 2009 — What Is It, And What Does It Do?, Mary E. Matthews 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, Sujit Choudhry, Nicholas Haysom 2009 Berkeley Law

Mechanisms For Resolving Divisive Issues In Constitutional Negotiations, Sujit Choudhry, Nicholas Haysom

Sujit Choudhry

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.


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