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Articles 1021 - 1050 of 1179
Full-Text Articles in Entire DC Network
When Code Isn't Law, Tim Wu
When Code Isn't Law, Tim Wu
Faculty Scholarship
When the Supreme Court upheld extended copyright terms in Eldred v. Ascroft, many Internet activists called for renewed political action in the form of appeals to Congress or even a campaign to amend the Constitution. But others suggested a very different course: They argued that it would be wiser to forgo institutions controlled by the powers of the past, and to return instead to the keyboard to write the next generation of "lawbusting" code. In the words of one observer, "tech people are probably better off spending their energy writing code than being part of the political process" because …
An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray
An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray
William & Mary Law Review
No abstract provided.
Criminal Copyright Infringement, I. Trotter Hardy
Criminal Copyright Infringement, I. Trotter Hardy
William & Mary Bill of Rights Journal
No abstract provided.
Can The "Public Interest" Justify Non-Consensual Searches Of Homes In Bankruptcy Cases?, A. Mechele Dickerson
Can The "Public Interest" Justify Non-Consensual Searches Of Homes In Bankruptcy Cases?, A. Mechele Dickerson
William & Mary Bill of Rights Journal
No abstract provided.
Vol. 23, No. 12 (November 18, 2002)
Insurers Jump On Train For Federal Insurance Regulation: Is It Really What They Want Or Need, Danielle F. Waterfield
Insurers Jump On Train For Federal Insurance Regulation: Is It Really What They Want Or Need, Danielle F. Waterfield
Connecticut Insurance Law Journal
No abstract provided.
Enron, Accounting, And Lawyers, Matthew J. Barrett
Enron, Accounting, And Lawyers, Matthew J. Barrett
Journal Articles
Enron's collapse painfully illustrates the importance of financial accounting to all lawyers. Accounting is often referred to as "the language of business." Virtually every lawyer represents businesses, their owners, or clients with adverse legal interests, such as creditors and customers. Especially after Enron, lawyers cannot competently represent clients if they do not grasp certain basic principles about accounting. This article lists the top ten accounting lessons that any lawyer could learn from the scandal. These lessons include the components of a complete set of financial statements, the choices inherent in generally accepted accounting principles, the distortions possible in pro forma …
When Fair Consideration Is Not Fair, David F. Kurzawa Ii
When Fair Consideration Is Not Fair, David F. Kurzawa Ii
Cornell Journal of Law and Public Policy
No abstract provided.
Bits And Bytes: The Carnivore Initiative And The Search And Seizure Of Electronic Mail, Sandy D. Hellums
Bits And Bytes: The Carnivore Initiative And The Search And Seizure Of Electronic Mail, Sandy D. Hellums
William & Mary Bill of Rights Journal
This Note examines the application of Fourth Amendment search and seizure doctrines to the interception of electronic mail within the context of the FBI Carnivore initiative. The author argues that the traditional law of electronic surveillance's understanding of communication is outdated and never contemplated new technologies like Carnivore and their far reaching implications. Consequently, the author argues, that to protect our long-understood expectations of privacy, the search and seizure of electronic documents should be analyzed under the traditional papers analysis. To do so, the Supreme Court would afford the interception electronic documents the highest form of constitutional protect available under …
Whither Securities Regulation? Some Behavioral Observations Regarding Proposals For Its Future, Robert Prentice
Whither Securities Regulation? Some Behavioral Observations Regarding Proposals For Its Future, Robert Prentice
Duke Law Journal
Respected commentators have floated several proposals for startling reforms of America's seventy-year-old securities regulation scheme. Many involve substantial deregulation with a view toward allowing issuers and investors to contract privately for desired levels of disclosure and fraud protection. The behavioral literature explored in this Article cautions that in a deregulated securities world it is exceedingly optimistic to expect issuers voluntarily to disclose optimal levels of information, securities intermediaries such as stock exchanges and stockbrokers to appropriately consider the interests of investors, or investors to be able to bargain efficiently for fraud protection.
Enron And The Dark Side Of Shareholder Value, William Wilson Bratton
Enron And The Dark Side Of Shareholder Value, William Wilson Bratton
Articles
This Article addresses the implications that the Enron collapse holds out for the self-regulatory system of corporate governance. The case shows that the incentive structure that motivates actors in the system generates much less powerful checks against abuse than many observers have believed. Even as academics have proclaimed rising governance standards, some standards have declined, particularly those addressed to the numerology of shareholder value. The Article's inquiry begins with Enron's business plan. The Article asserts that there may be more to Enron’s "virtual firm" strategy than meets the eye beholding a firm in collapse. The Article restates the strategy as …
When Self-Regulation, Market Forces, And Private Legal Actions Fail: Appropriate Government Regulation And Oversight Is Necessary To Ensure Minimum Standards Of Quality In Long-Term Health Care, Alexander D. Eremia
Annals of Health Law and Life Sciences
Mr. Eremia's paper discusses market forces, professional self-regulation, and private litigation individually and collectively as methods of maintaining and improving quality of care. He determines that whether separately or in conjunction, these three paradigms have not been successful agents in this regard. By analyzing the regulatory framework and oversight provided by the federal government in the long-term care industry, Mr. Eremia argues persuasively that despite its occasional inadequacies, regular and consistent oversight and regulation by the government is imperative in order to effect meaningful and systemic improvements in the provision of quality care.
The Sarbanes-Oxley Act: Accounting For Corporate Corruption?, Ethan G. Zelizer
The Sarbanes-Oxley Act: Accounting For Corporate Corruption?, Ethan G. Zelizer
Loyola Consumer Law Review
No abstract provided.
Securities Regulation: Protecting Auditor Independence From Non-Audit Services - An Evolving Standard, Mark Allan Worden
Securities Regulation: Protecting Auditor Independence From Non-Audit Services - An Evolving Standard, Mark Allan Worden
Oklahoma Law Review
No abstract provided.
Access And Aggregation: Public Records, Privacy And The Constitution, Daniel J. Solove
Access And Aggregation: Public Records, Privacy And The Constitution, Daniel J. Solove
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Is Silence Golden When It Comes To Auditing?, 36 J. Marshall L. Rev. 57 (2002), Darin Bartholomew
Is Silence Golden When It Comes To Auditing?, 36 J. Marshall L. Rev. 57 (2002), Darin Bartholomew
UIC Law Review
No abstract provided.
Human Identification Theory And The Identity Theft Problem, Lynn M. Lopucki
Human Identification Theory And The Identity Theft Problem, Lynn M. Lopucki
UF Law Faculty Publications
This paper builds on the theory of human identification proposed by Professor Roger Clarke and uses the product as the basis for a proposed solution to the identity theft problem. The expanded theory holds that all human identification fits a single model. The identifior matches the characteristics of a person observed in a first observation with the characteristics of a person observed in a second observation to determine whether they are the same person. From the theory it follows that a characteristic used for identification in the credit reporting system, such as social security number, mother's maiden name and date …
The Investor Confidence Game, Lynn A. Stout
The Investor Confidence Game, Lynn A. Stout
Cornell Law Faculty Publications
Academic discussions of securities policy often assume that investors are hyperrational and distrustful actors who do not need the protections of the securities laws to avoid being defrauded. The time has come to recognize the limitations of this assumption and to consider as well the possibility and implications of investor trust. Experienced policymakers and businesspeople (and certainly experienced con artists) have long known that trust is a potent force in explaining and manipulating investor behavior. They are right. They are right to believe that investor confidence-meaning investor trust-is important to the market. They are right to think that trust has …
State Of Utah V. Michael Norton : Brief Of Appellee, Utah Court Of Appeals
State Of Utah V. Michael Norton : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM CONVICTIONS OF TWO COUNTS OF VIOLATION OF THE BAIL BOND RECOVERY ACT, CLASS A MISDEMEANORS, IN VIOLATION OF UTAH CODE ANN. § 53-11-107 & § 53-11-124, AND FROM CONVICTIONS OF TWO COUNTS OF UNLAWFUL DETENTION, CLASS B MISDEMEANORS, IN VIOLATION OF UTAH CODE ANN. § 76-5-304, AND FROM CONVICTION OF ASSAULT, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 76-5-102, IN THE FIRST DISTRICT COURT IN AND FOR CACHE COUNTY, STATE OF UTAH, THE HONORABLE CLINT S. JUDKINS, PRESIDING.
Sharing Accounting's Burden: Business Lawyers In Enron's Dark Shadows, Lawrence A. Cunningham
Sharing Accounting's Burden: Business Lawyers In Enron's Dark Shadows, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
A familiar pass-the-buck pas de deus in deal meetings occurs when the accountant says, after an impasse, "that's a legal problem" while the lawyer says "that's an accounting problem." The truth is, both are right; the trouble is, as Enron shows, prevailing professional cultures create a crack between law and accounting that resolute fraud artists exploit, not cultures that emphasize the intersection of law and accounting that should foil would-be fraudsters. As policymakers rush to respond to Enron, this perspective on law and accounting should be appreciated, as should Enron's place in soecity's parade of corporate debacles. At Enron's core …
Toward Abandoning Organized Professionalism, Thomas D. Morgan
Toward Abandoning Organized Professionalism, Thomas D. Morgan
Hofstra Law Review
No abstract provided.
What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell
What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell
Hofstra Law Review
No abstract provided.
Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino
Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino
Faculty Publications
Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …
Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett
Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett
Journal Articles
In late 1975, the accounting and legal professions reached an accord that led to three new professional standards: (1) a new financial accounting rule for contingencies, (2) an auditing standard addressing the requirement that an auditor obtain evidence about an audit client's contingent liabilities to determine whether the client has properly treated those items in its financial statements, and (3) the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information under that auditing standard. The Commentary that accompanied the Statement of Policy explicitly stated that the organized bar's expectation that communications between lawyers and auditors …
Bombing Markets, Subverting The Rule Of Law: Enron, Financial Fraud, And September 11, 2001, Faith Stevelman
Bombing Markets, Subverting The Rule Of Law: Enron, Financial Fraud, And September 11, 2001, Faith Stevelman
Articles & Chapters
No abstract provided.
Access And Aggregation: Privacy, Public Records, And The Constitution, Daniel J. Solove
Access And Aggregation: Privacy, Public Records, And The Constitution, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this article, Professor Solove develops a theory to reconcile the tension between transparency and privacy in the context of public records. Federal and state governments maintain public records containing personal information spanning an individual's life from birth to death. The web of state and federal regulation that governs the accessibility of these records generally creates a default rule in open access to information. Solove contends that the ready availability of public records creates a significant problem for privacy because various bits of information when aggregated paint a detailed portrait of a person's life that Solove refers to as a …
The 9/11 "National Security" Cases: Three Principles Guiding Judges' Decision-Making, Raquel Aldana-Pindell
The 9/11 "National Security" Cases: Three Principles Guiding Judges' Decision-Making, Raquel Aldana-Pindell
McGeorge School of Law Scholarly Articles
No abstract provided.
The Beginning Of Herstory For Corporate Law, Kellye Y. Testy
The Beginning Of Herstory For Corporate Law, Kellye Y. Testy
Articles
In The Gender Implications of Corporate Governance Change, Janis Sarra presents what has until now seemed oxymoronic to many: a feminist economic analysis of corporate governance in the global marketplace. In so doing, she joins a growing chorus of corporate governance scholars who are seeking to advance an alternative vision to the neoclassical, shareholder-centered model that is not only dominant in the United States, but is also widely exported-even to nations that do not share similar institutional configurations that support such a model. This diverse group of scholars--whose approaches have been labeled variously as "progressive," "communitarian," and "socio-economic,"--do not …
Physical Losses In Cyberspace, Hazel Glenn Beh
Physical Losses In Cyberspace, Hazel Glenn Beh
Connecticut Insurance Law Journal
No abstract provided.
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Law and Contemporary Problems
No abstract provided.