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Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Structural Police Reform, Stephen Rushin 2015 University of Illinois College of Law

Structural Police Reform, Stephen Rushin

Stephen Rushin

No abstract provided.


The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. FitzGibbon 2014 Boston College Law School

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. Fitzgibbon

Scott T. FitzGibbon

Kinship relations, in our society and in most, are organized systematically. That is to say, each kinship connection is constructed, conducted, and considered, not in isolation but by reference to the others. Your uncle is your father’s brother, in just about the same way as your own sibling is your brother and your children are one another’s brothers and sisters. Your spouse is the mother or father of your children, in just about the same way as your mother and father are your parents and the parents of your siblings. One’s beliefs and expectations about what each ...


Implications For The Mille Lacs Lake Fishery With Continued Enforcement Of The 1837 Treaty Of St. Peters, Matthew Steffes 2014 Hamline University

Implications For The Mille Lacs Lake Fishery With Continued Enforcement Of The 1837 Treaty Of St. Peters, Matthew Steffes

Hamline University's School of Law's Journal of Public Law and Policy

Mille Lacs Lake, one of Minnesota’s over 13,000 lakes, holds a reputation for being one of the best walleye fisheries in Minnesota, as well as being a fishing destination for anglers across the nation. In 1999 the Supreme Court held that the Mille Lacs Band of Chippewa Indians retained hunting and fishing rights on ceded land that were granted to them in the 1837 Treaty of St. Peters. Part of this ruling allowed the Mille Lacs tribe to continue their commercial walleye fishing operation on Mille Lacs Lake. Since the Supreme Court’s ruling, the walleye population on ...


Assessing The Silica (Frac) Sand Mining Environmental Regulatory Frameworks In Minnesota And Wisconsin: Who Has A Better Plan For Digging, The Gophers Or Badgers?, William Miley 2014 Hamline University

Assessing The Silica (Frac) Sand Mining Environmental Regulatory Frameworks In Minnesota And Wisconsin: Who Has A Better Plan For Digging, The Gophers Or Badgers?, William Miley

Hamline University's School of Law's Journal of Public Law and Policy

In recent years silica (frac) sand mining activity in Minnesota and Wisconsin has grown significantly due to high demand for the sand from the hydraulic fracturing (or “fracking”) oil and gas extraction industry. Consequently, there has been much debate in the region over the proper state and local regulatory controls and overall framework to adequately protect against health and environmental impacts associated with the mining activities while also avoiding undue regulatory burdens that hinder economic development. This article analyzes the silica sand mining regulatory schemes in Minnesota and Wisconsin to determine if this booming industry is met with appropriate oversight ...


How ‘Comprehensive’ Is The Comprehensive Immigration Reform Bill? S. 744 And Its Implications For Muslims, Arabs, South Asians, Somalis And Iranian Immigrants, Samira Afzali 2014 Hamline University

How ‘Comprehensive’ Is The Comprehensive Immigration Reform Bill? S. 744 And Its Implications For Muslims, Arabs, South Asians, Somalis And Iranian Immigrants, Samira Afzali

Hamline University's School of Law's Journal of Public Law and Policy

This article discusses the failure of the current immigration reform debate in addressing immigration policies that affect highly unpopular ethnic communities including Muslims, Arabs, South Asians, Somalis and Iranians. The current debate on immigration reform was heavily shaped and influenced by the 2012 presidential elections and both parties’ attempts to win the Hispanic vote. For this reason, the current discourse on immigration reform has focused on one segment of the population, albeit a diverse segment.

Since the Clinton Administration, Congress has passed legislation that converged national security interests with immigration law. The current debate on immigration reform fails to address ...


Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard 2014 Hamline University

Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard

Hamline University's School of Law's Journal of Public Law and Policy

The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.


Achieving The American Bar Association's Pedagogy Mandate: Empowerment In The Midst Of A Perfect Storm, Cara Cunningham Warren 2014 SelectedWorks

Achieving The American Bar Association's Pedagogy Mandate: Empowerment In The Midst Of A Perfect Storm, Cara Cunningham Warren

Cara Cunningham Warren

The ongoing crisis in legal education has prompted calls for fundamental reform. In August 2014, the American Bar Association responded by implementing new law school accreditation standards that mark a "quantum shift” in our educational philosophy—a new pedagogy mandate that shifts our center from what is taught to what students learn.

Of all reform measures, the mandate may be one of the best chances law schools and their graduates have in the face of the “Perform Storm” raging in legal education. Ironically, successful implementation remains an open question, in part because of the traditional nature of law schools and ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2014 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman 2014 SelectedWorks

The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman

Hadar Aviram

Amidst the recent legal victories and growing public support for same-sex marriage, numerous polyamorous individuals have expressed interest in pursuing legal recognition for marriages between more than two consenting adults. This Article explores the possibilities that exist for such a polyamorous marriage equality campaign, in light of the theoretical literature on law and social movements, as well as our own original and secondary research on polyamorous and LGBT communities. Among other issues, we examine the prospect of prioritizing the marriage struggle over other forms of nonmarital relationship recognition; pragmatic regulative challenges, like taxation, healthcare, and immigration; and how law and ...


More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr 2014 BLR

More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr

University of Southern California Legal Studies Working Paper Series

In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision making, but adding women ...


With All Deliberate Speed: Nlrb V. Canning And The Case For Originalism, Adam Lamparello 2014 SelectedWorks

With All Deliberate Speed: Nlrb V. Canning And The Case For Originalism, Adam Lamparello

Adam Lamparello

Record numbers of Americans are renouncing their citizenship. California’s citizens have amassed enough signatures to place on the 2016 ballot a proposal to divide California into six separate states. At least 34 states recently called for a second constitutional convention. Several states have ignored or enacted laws defying Supreme Court precedent. One has threatened to secede. Former Supreme Court Justice John Paul Stevens has responded to this crisis by calling for the addition of six constitutional amendments, several of which expand federal authority. That, in a nutshell, is the problem. This Article argues that, to remedy the imbalance in ...


On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle 2014 SelectedWorks

On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle

Michael Dowdle

This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the political balancing ...


"Competitiveness" Has Nothing To Do With It, Edward D. Kleinbard 2014 BLR

"Competitiveness" Has Nothing To Do With It, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

The recent wave of corporate tax inversions has triggered interest in what motivates these tax-driven transactions now. Corporate executives have argued that inversions are explained by an “anti-competitive” U.S. tax environment, as evidenced by the federal corporate tax statutory rate, which is high by international standards, and by its “worldwide” tax base. This paper explains why this competitiveness narrative is largely fact-free, in part by using one recent articulation of that narrative (by Emerson Electric Co.’s former vice-chairman) as a case study.

The recent surge in interest in inversion transactions is explained primarily by U.S. based multinational ...


Narrow Tailoring, Compelling Interests, And Free Exercise: On Aca, Rfra And Predictability, Mark Strasser 2014 SelectedWorks

Narrow Tailoring, Compelling Interests, And Free Exercise: On Aca, Rfra And Predictability, Mark Strasser

Mark Strasser

The holding in Burwell v. Hobby Lobby Stores, Incorporated was narrow in scope—closely held, for-profit corporations must be afforded an exemption from providing insurance coverage for a few types of contraception if the corporation has religious objections to providing that coverage. In addition, the exemption requirement was based on a construction of federal statute rather than on the Constitution’s free exercise guarantees. Both the narrowness of the holding and the Court’s express disavowal that it was offering a constitutional analysis might make the opinion appear relatively inconsequential. However, because the opinion changes the focus and standards of ...


Remedying Disregard In Global Regulatory Governance: Accountability, Participation, And Responsiveness, Richard B. Stewart 2014 NELLCO

Remedying Disregard In Global Regulatory Governance: Accountability, Participation, And Responsiveness, Richard B. Stewart

New York University Public Law and Legal Theory Working Papers

A myriad of specialized and fragmented global regulatory bodies – established by states, domestic regulatory officials, international organizations, business groups and NGOs – wield ever-increasing power and influence. In making decisions, these mission-oriented authorities tend systematically, due to deep-seated structural factors, to give greater regard to the interests and concerns of some actors, especially powerful states and well-organized economic actors, and lesser regard to the often peripheral interests and concerns of more weakly organized and less powerful groups and of vulnerable individuals. The overall pattern of global regulation reflects a similar bias. The most powerful global regulatory regimes promote the objectives of ...


The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin 2014 SelectedWorks

The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin

Raymond H Brescia

In response to the lingering fallout from the Financial Crisis of 2008, local governments have begun to explore whether it is wise and legal to use the power of eminent domain to seize distressed home mortgages. This Article attempts to situate this approach to such mortgages within the larger economic, legal and policy context and asks three key questions. First, are local governments appropriate actors to address the lingering problem of underwater mortgages? Second, assuming they are appropriate actors to address this problem, how should localities and, if necessary, courts, value underwater mortgages in the context of condemnation proceedings: i ...


The Rationalization Of Policy: On The Relation Between Democracy And The Rule Of Law, ofer raban 2014 SelectedWorks

The Rationalization Of Policy: On The Relation Between Democracy And The Rule Of Law, Ofer Raban

ofer raban

What is the relation between democracy and the rule of law? Why did they develop more or less simultaneously, and why do we tend to conjoin them in describing good government? After all, the two are theoretically distinct: a non-democratic regime may operate with a robust rule of law (think of 18th Century England), and a government elected by popular vote may flout rule of law principles (think of Russia or Turkey or Pakistan). And yet, to repeat, there seems to be some mutual reinforcement—perhaps even some interdependence—between these two systems of political organization. This article will ...


Duty To Revolt, Katherine Crabtree 2014 SelectedWorks

Duty To Revolt, Katherine Crabtree

Katherine Crabtree

The Universal Declaration of Human Rights not only prescribes universal rights but also individual duties, stating “everyone has duties to the community in which alone the free and full development of his personality is possible.” This paper examines the nature of the right to revolution and considers whether an individual’s duty to uphold human rights includes a moral duty to revolt when the current social structure permits or requires intolerable systematic human rights violations. Four subsections discuss (1) the development and nature of disciplinary power that a government imposes on citizens in order to force conformity to the laws ...


Marriage Penalty: How Stacking Income Affects The Secondary Earner’S Decision To Work, Kevin M. Walsh 2014 SelectedWorks

Marriage Penalty: How Stacking Income Affects The Secondary Earner’S Decision To Work, Kevin M. Walsh

Kevin M Walsh

Our progressive tax rate structure is aimed at taxing citizens fairly and based on their ability to pay. The rate structure, however, partially loses its purpose when analyzing the income taxation of married individuals. If a married couple decides to file jointly they are sometimes taxed at higher rates than individuals are depending on the incomes of the couple. This has created what we know today as the “marriage penalty,” and it can serve as a deterrent to the secondary earner from working.

There is no simple solution to address how the marriage penalty, in combination with necessary expenses, affects ...


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