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The Federal Inaction Commission, Glen Staszewski 2010 Michigan State University College of Law

The Federal Inaction Commission, Glen Staszewski

Faculty Publications

No abstract provided.


Constitutional Dialogue In A Republic Of Statutes, Glen Staszewski 2010 Michigan State University College of Law

Constitutional Dialogue In A Republic Of Statutes, Glen Staszewski

Faculty Publications

No abstract provided.


Professor Alvin L. Storrs 1950-2010 In Memoriam, Robert A. McCormick, Amy C. McCormick 2010 Michigan State University College of Law

Professor Alvin L. Storrs 1950-2010 In Memoriam, Robert A. Mccormick, Amy C. Mccormick

Faculty Publications

No abstract provided.


Network Transparency: Seeing The Neutral Network, Adam Candeub, Daniel John McCartney 2010 Michigan State University College of Law

Network Transparency: Seeing The Neutral Network, Adam Candeub, Daniel John Mccartney

Faculty Publications

No abstract provided.


Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda 2010 Seattle University School of Law

Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda

Seattle University Law Review

Berle and Means’s analysis of the corporation—in particular, their view that those in control are not the owners of the corporation—raises questions about actions that corporations take to counter concerns regarding management’s influence. What mechanisms, if any, do corporations implement to balance the distribution of power in the corporation? To address this question, we analyze boards of directors’ propensity to voluntarily adopt recommended corporate governance practices. Because board independence is one way to enhance shareholders’ ability to monitor management, we probe whether firms with independent boards of directors (which we define as boards with either an ...


See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George 2010 Seattle University School of Law

See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George

Seattle University Law Review

Much corporate legal scholarship considers such fact patterns as beyond the scope of the discipline’s core concerns. Yet, increasingly, questions are asked concerning the scale and scope of modern corporate power. This Article will challenge the conventional understanding of what the core discipline of corporate law should encompass and argues that the failure to focus on precisely these sorts of factual scenarios involving allegations of corporate complicity in human rights violations and environmental degradation is misguided and short-sighted.


Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr. 2010 University of Pennsylvania

Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Contemporary Immigration Detention Practices In The United States: A Study In Sociology And Human Rights, Robert D. Goodis 2010 Bard College

Contemporary Immigration Detention Practices In The United States: A Study In Sociology And Human Rights, Robert D. Goodis

Selected Senior Projects Fall 2010

“Contemporary Immigration Detention Practices in the United States: A Study in Sociology and Human Rights” is a study on the detention and incarceration of immigrants, with particular focus on the effects and implications of detaining refugees and asylum-seekers, in the United States. The study reports on two specific detention facilities—the Northwest Detention Center in Tacoma, Washington, and the T. Don Hutto Family Residential Facility (a.k.a. T. Don Hutto Residential Center) in Taylor, Texas—as sociological case-studies, primarily presented as legal briefs, to explore how contemporary detention practices relate to the legal structure and ideals established by domestic ...


The Clean Air Act Is In No Shape To Be Celebrated, David Schoenbrod 2010 New York Law School

The Clean Air Act Is In No Shape To Be Celebrated, David Schoenbrod

Other Publications

No abstract provided.


What's Software Got To Do With It? The Ali Principles Of The Law Of Software Contracting, Juliet M. Moringiello, William L. Reynolds 2010 University of Maryland School of Law

What's Software Got To Do With It? The Ali Principles Of The Law Of Software Contracting, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

In May, 2009, the American Law Institute (“ALI”) approved its Principles of the Law of Software Contracts (“Principles”). The attempt to codify, or at least unify, the law of software contracts has a long and contentious history, the roots of which can be found in the attempt to add an Article 2B to the Uniform Commercial Code (“UCC”) in the mid-1990s. Article 2B became the Uniform Computer Information Transactions Act (“UCITA”) when the ALI withdrew from the project in 1999, and UCITA became the law in only two states, Virginia and Maryland. UCITA became a dirty word, with several states ...


Extraordinary Justice, David C. Gray 2010 University of Maryland School of Law

Extraordinary Justice, David C. Gray

Faculty Scholarship

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice is just a special case of “Ordinary Justice.” Paying special attention to debates about reparations, this article argues that transitional justice is extraordinary, reflecting the source and nature of atrocities perpetrated under an abusive regime, and focused on the challenges and goals that define transitions to democracy. In particular, this Article argues that transitional justice is not profane, preservative, and retrospective, but, rather, Janus-faced, liminal, and transformative. The literature on reparations in transitions is divided between critics who regard reparations as quasi-tort ...


Table Of Contents, 2010 Embry-Riddle Aeronautical University

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn 2010 Western New England University School of Law

Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn

Faculty Scholarship

This Article discusses the problematic issues arising from proposed religious exemptions to equal marriage statutes. In the Author's view these exemptions would create the societal framework in which lesbians, bisexuals, and gay men can be refused service in virtually all aspects of life, whether fundamental or mundane—from healthcare to housing, from employment to flower-buying. This would all be accomplished with the express permission of the state. The Author believes that these proposals could permit widespread discrimination on a multitude of protected bases. The proposals appear to have been crafted to seize on cultural and religious anxiety and fears ...


Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso 2010 John Marshall Law School

Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso

Faculty Scholarship

No abstract provided.


Stephanie Feldman-Aleong: A Legacy Of Love And Loyalty, 34 Nova L. Rev. 589 (2010), Anthony Niedwiecki 2010 John Marshall Law School

Stephanie Feldman-Aleong: A Legacy Of Love And Loyalty, 34 Nova L. Rev. 589 (2010), Anthony Niedwiecki

Faculty Scholarship

No abstract provided.


Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill 2010 The John Marshall Law School, Chicago

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

Faculty Scholarship

No abstract provided.


Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond 2010 John Marshall Law School

Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond

Faculty Scholarship

Popular film has a lot to teach us about social narratives of law. Both law and film are story-telling, narrative systems. Accordingly, films about law are "overdetermined" in terms of narrative: they are stories about stories. Race is also a narrative system in which visual representation is key. The significance of the visual apprehension of race is deeply relevant to the legal construction of race as well. For example, in early citizenship cases and racial "passing" cases which persisted through the latter part of the 2 0th century. Since society constructs racial categories in large part by visual identification and ...


How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg 2010 The John Marshall Law School

How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg

Faculty Scholarship

No abstract provided.


The Natural And Probable Consequences Doctrine: A Case Study In Failed Law Reform, 15 Berkeley J. Crim. L. 388 (2010), Michael G. Heyman 2010 John Marshall Law School

The Natural And Probable Consequences Doctrine: A Case Study In Failed Law Reform, 15 Berkeley J. Crim. L. 388 (2010), Michael G. Heyman

Faculty Scholarship

No abstract provided.


Rediscovering Oyama V. California: At The Intersection Of Property, Race, And Citizenship, Rose Cuison Villazor 2010 Hofstra University School of Law

Rediscovering Oyama V. California: At The Intersection Of Property, Race, And Citizenship, Rose Cuison Villazor

Washington University Law Review

Oyama v. California was a landmark case in the history of civil rights. Decided in January 1948, Oyama held unconstitutional a provision of California's Alien Land Law, which allowed the state to take an escheat action on property given to U.S. citizens that had been purchased by their parents who were not eligible to become citizens. At the time, the country's naturalization law prohibited Japanese nationals from becoming U.S. citizens. Thus, the Alien Land Law applied primarily to Japanese nationals and Japanese Americans. Critically, the Supreme Court in Oyama recognized that the state's attempted taking ...


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