Digital Commons Network^™

Missing Missions: Further Reflections On Institutional Pluralism (Or Its Absence), Jerome Organ

Journal of Legal Education

No abstract provided.

Antitrust, Institutions, And Merger Control, D. Daniel Sokol

UF Law Faculty Publications

This Article makes two primary contributions to the antitrust literature. First, it identifies the dynamic interrelationship across antitrust institutions. Second, it provides new empirical evidence from practitioner surveys to explore how the dynamic institutional interrelationship plays out in the area of merger control. This Article provides a descriptive, analytical overview of the various institutions to better frame the larger institutional interrelations for a comparative institutional analysis. In the next Part it examines mergers as a case study of how one might apply antitrust institutional analysis across these different kinds and levels of antitrust institutions. The Article utilizes both quantitative and …

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney

Faculty Scholarship

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.

Evolutionary Enforcement At The Securities And Exchange Commission, Jayne W. Barnard

Faculty Publications

Hundreds of critics in the past eighteen months have heaped abuse on the SEC Enforcement Division. How could the Division have missed so much misbehavior on Wall Street? How could the Division's young lawyers have been charmed by Bernie Madoff and thwarted from discovering his terrible crimes? Most critics seem to agree that the Division's most urgent needs include developing substantially more financial sophistication among Division lawyers and investigators; better communications within the Commission and with other federal agencies; and a meaningful system for handling tips and processing information. The SEC's response to its critics has been remarkable. The Commission …

Reframing And Reforming The Securities And Exchange Commission: Lessons From Literature On Change Leadership, Joan Macleod Heminway

Scholarly Works

As a reaction to perceived and actual regulatory failures at the Securities and Exchange Commission (the SEC), from mistakes that contributed to the financial crisis to the Bernard Madoff affair, the SEC has been engaged in an operational transformation process. The growing literature on management and leadership in times of change -- change leadership literature -- offers a number of potentially valuable lenses through which we may assess reform at the SEC.

With the thought that securities regulators and others may learn valuable lessons about the SEC’s restructuring and reorganization from experts in change leadership, this Article explores a selected …

Keeping Settlements Secret, Erik S. Knutsen

Florida State University Law Review

No abstract provided.

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Cornell Law Review

No abstract provided.

The Digital Broadband Migration And The Federal Trade Commission: Building The Competition And Consumer Protection Agency Of The Future, William E. Kovacic

Colorado Technology Law Journal

No abstract provided.

How Are Accountability Standards Implemented In The International Agricultural Research Centers?, Osmat A. Jefferson

ILSA Journal of International & Comparative Law

First, I would like to thank the panel members, in particular, Mr. Edward Flaherty, for inviting me to participate in this meeting. I am most grateful for this kind invitation.

The Paradoxes Of Pro Bono, Richard Abel

Fordham Law Review

No abstract provided.

Managing Pro Bono: Doing Well By Doing Better, Scott L. Cummings, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Reframing And Reforming The Securities And Exchange Commission: Lessons From Literature On Change Leadership, Joan Mcleod Heminway

Villanova Law Review (1956 - )

The article discusses the lessons learned from the restructuring of the U.S. Securities and Exchange Commission (SEC) under the Sarbanes-Oxley Act. The strengths and weakness of the SEC reform measures are highlighted. Key reform proposals stemming from the global financial crisis and reform efforts being undertaken as of the spring of 2010 include overhauling or abolishing the SEC, managing the SEC through the Federal Reserve or the Department of the Treasury, and combining the SEC with the Commodity Futures Trading Commission (CFTC).

Activating Systemic Change Toward Full Participation: The Pivotal Role Of Boundary Spanning Institutional Intermediaries, Susan Sturm

Saint Louis University Law Journal

No abstract provided.

Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo

Fordham Urban Law Journal

The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politic and an acknowledgment that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …

The Closed Rule, Michael Doran

Georgetown Law Faculty Publications and Other Works

The closed rule constitutes a critical component of managerial power in the contemporary House of Representatives and an increasingly important element of the legislative process. Subject to the approval of the full membership, the closed rule allows managers to block all amendments to a measure when bringing that measure to the floor. Despite objections from the minority, both Republicans and Democrats regularly use the closed rule when in the majority, and rank-and-file members ordinarily approve any closed rule put to a floor vote. Once rarely used, the closed rule has become managers’ preferred instrument for controlling the House floor agenda. …

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney

St. Mary's Law Journal

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Scientific Evidence In Criminal Prosecutions - A Retrospective, Paul C. Giannelli

Faculty Publications

No abstract provided.

Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford

Pace Law Review

No abstract provided.

Revitalizing Union Democracy: Labor Law, Bureaucracy, And Workplace Association, Matthew Dimick

Journal Articles

Do core doctrines of labor-relations law obstruct the internal democratic governance of labor unions in the United States? Union democracy is likely an essential precondition for the broader strategic and organizational changes unions must undertake in order to recruit new union members — the labor movement’s cardinal priority. Yet according to widely accepted wisdom, the weakness of democracy within labor unions is the unavoidable outcome of an “iron law of oligarchy” that operates in all such membership-based organizations. This Article challenges this conventional thinking and argues that the triumph of oligarchy over democracy in US labor unions is not inevitable, …

The Latcrit Task Force Recommendations: Findings And Recommendations Of A Self-Study Of The Latcrit Board, 2009., Marc-Tizoc González, Yanira Reyes, Belkys Torres, Charles R. Venator-Santiago

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Activating Systemic Change Toward Full Participation: The Pivotal Role Of Boundary Spanning Institutional Intermediaries, Susan Sturm

Faculty Scholarship

Racial and social justice advocacy is in an era of transition. Race continues to permeate people's lives and to structure the social and economic hierarchy, but often in complicated ways that elude bright line categories. Disparities frequently result from cognitive bias, unequal access to opportunity networks, and other structural dynamics, rather than from intentional exclusion. For example, disparities in access to higher education persist as a result of differences in access, information, resources, networks, and evaluation, which give rise to achievement differentials at each critical turning point affecting successful advancement. These differences accumulate to produce substantial disparities in college participation …

The Digital Broadband Migration And The Federal Trade Commission: Building The Competition And Consumer Protection Agency Of The Future, William E. Kovacic

GW Law Faculty Publications & Other Works

Three areas of the FTC’s fairly extraordinary portfolio of policymaking responsibilities that affect the development of the internet stand out: (1) competition issues, (2) consumer protection issues, and (3) privacy and data protection. These three areas are linked by the FTC’s creation of policy by experimentation, assessment, and refinement, which ensures the FTC makes wise choices in the face of dramatic technological changes that characterize the internet. The three areas are also linked by institutional multiplicity, which may need to be reconfigured for internet-commerce policy.

Effective policy for internet-commerce requires investment in institutional building and implementation because the degree of …

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo

Faculty Scholarship

No abstract provided.

Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski

Law Faculty Scholarship

[Excerpt] Micro-Small-Medium Enterprises (abbreviated herein henceforth as “SMEs”) are global drivers of technological innovation and economic development. Perhaps their importance has been somewhat eclipsed by the mega-multinational corporate entities. However, whereas the corporations might be conceptualized as towering sequoia trees, SMEs represent the deep, broad, fertile forest floor that nourishes, sustains and regenerates the global economic ecosystem.

[. . .]

Broadly recognized as engines of economic and global development, SMEs account for a substantial proportion of entrepreneurial activity in both industrialized and developing countries. Indeed, their role as dynamos for technological and economic progress in developing countries is critical and …

Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Synthetic Science: A Response To Rabinow, David S. Caudill

Working Paper Series

Rabinow’s description of the unique collaborative goal of synthetic biology at Berkeley, to foster a coproduction among multiple disciplines and perspectives from the outset (as opposed to downstream reflection upon ethical, legal, and social implications), is somewhat misleading. While that particular assemblage is represented as coproductive, the inevitability of science as a coproduction is eclipsed. That shortcoming may well be a strategic compromise to ensure effective collaboration, but it could backfire. Idealized images of science, which might be termed synthetic or artificial, have had adverse consequences in legal and administrative assessments of reliable science.

Synthetic Science: A Response To Rainbow, David S. Caudill

Faculty Publications

Rabinow’s description of the unique collaborative goal of synthetic biology at Berkeley, to foster a coproduction among multiple disciplines and perspectives from the outset (as opposed to downstream reflection upon ethical, legal, and social implications), is somewhat misleading. While that particular assemblage is represented as coproductive, the inevitability of science as a coproduction is eclipsed. That shortcoming may well be a strategic compromise to ensure effective collaboration, but it could backfire. Idealized images of science, which might be termed synthetic or artificial, have had adverse consequences in legal and administrative assessments of reliable science.