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Shareholder Value And Auditor Independence, William Wilson Bratton Jan 2003

Shareholder Value And Auditor Independence, William Wilson Bratton

Articles

This Article questions the practice of framing problems concerning auditors' professional responsibility inside a principal-agent paradigm. If professional independence is to be achieved, auditors cannot be enmeshed in agency relationships with the shareholders of their audit clients. As agents, the auditors by definition become subject to the principal's control and cannot act independently. For the same reason, auditors' duties should be neither articulated in the framework of corporate law fiduciary duty, nor conceived relationally at all. These assertions follow from an inquiry into the operative notion of the shareholder-beneficiary. The Article unpacks the notion of the shareholder and tells a …


Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld Jan 2003

Race, Politics, And Juvenile Justice: The Warren Court And The Conservative "Backlash", Barry C. Feld

Articles

A century ago, the Progressive reformers who created the juvenile court embraced a particular ideological construction of childhood as one of innocence and vulnerability. They also adopted a scientific conception of social control - positive criminology - that attempted to identify the causes of criminality and purported to treat, rather than to punish, offenders. The juvenile court combined the new conception of childhood with the new strategies of positive criminology to create a judicial-welfare alternative to the adult criminal process for juveniles. The juvenile court affirmed the responsibility of families to raise their children while expanding the state's prerogative to …


Ellman's "Why Making Family Law Is Hard": Additional Reflections, Robert Levy Jan 2003

Ellman's "Why Making Family Law Is Hard": Additional Reflections, Robert Levy

Articles

Not the least of the pleasures of membership in this distinguished group invited to praise Ira Ellman was the opportunity it gave me to renew old and dear friendships with Arizona State faculty members and their spouses, to come back to the scene of my "adjunct visitor" gig last year, to see once again an effective dean whom I greatly admire. More important, the occasion allows me to praise publicly a scholar whose creative thinking, academic writing, legislative drafting and public performances as Reporter for the American Law Institute's Principles of the Law of Family Dissolution I have long respected.


What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens Dec 2002

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens

Articles

No abstract provided.


The Physician As A Conscientious Objector, J. David Bleich Nov 2002

The Physician As A Conscientious Objector, J. David Bleich

Articles

No abstract provided.


If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love Oct 2002

If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love

Articles

No abstract provided.


The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder Oct 2002

The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder

Articles

The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.


Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo Jun 2002

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

Articles

Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the ADA. Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over the currently accepted functional health model …


Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter May 2002

Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter

Articles

No abstract provided.


How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider May 2002

How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider

Articles

Routine cancer screening with prostate-specific antigen (PSA) is controversial, and practice guidelines recommend that men be counseled about its risks and benefits. OBJECTIVE. To evaluate the process of decision making as men react to and use information after PSA counseling. DESIGN. Written surveys and semistructured qualitative interviews before and after a neutral PSA counseling intervention. PARTICIPANTS. Men 40 to 65 years of age in southeastern Michigan were recruited until thematic saturation—that is, the point at which no new themes emerged in interviews (n = 40). RESULTS. In a paper survey, 37 of 40 participants (93%) said that they interpreted the …


Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein May 2002

Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein

Articles

The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.


Homicide In Aretaic Terms, Kyron J. Huigens Apr 2002

Homicide In Aretaic Terms, Kyron J. Huigens

Articles

No abstract provided.


Lost Souls In Search Of The Light : Two Novels Of François Mauriac, Eamon Maher Apr 2002

Lost Souls In Search Of The Light : Two Novels Of François Mauriac, Eamon Maher

Articles

Material reproduced by kind permission of Doctrine and Life


A Survey Of Four Contemporary Sound Artists, Mark Garry Mar 2002

A Survey Of Four Contemporary Sound Artists, Mark Garry

Articles

No abstract provided.


The Perception Of Risk, Cass R. Sunstein Feb 2002

The Perception Of Risk, Cass R. Sunstein

Articles

No abstract provided.


Recent Trends In Global And Irish Tourism, Kevin Griffin Jan 2002

Recent Trends In Global And Irish Tourism, Kevin Griffin

Articles

2001 will long be remembered as one of the most difficult years for tourism in Ireland. The outbreak of Food and Mouth disease in the first half of the year was seen as a major blow to the industry, with many businesses suffering from the resultant restrictions on travel. These problems were further increased by the global effects of the economic slow-down in the USA. As the sector began to recover and was shaping up for a healthy Autumn, the terrorist attacks of September 11 devastated the industry globally, with knock–on effects which are only now beginning to be assessed. …


Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein Jan 2002

Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein

Articles

No abstract provided.


Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade Jan 2002

Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade

Articles

No abstract provided.


Why They Hate Us: The Role Of Social Dynamics Law And The War On Terrorism, Cass R. Sunstein Jan 2002

Why They Hate Us: The Role Of Social Dynamics Law And The War On Terrorism, Cass R. Sunstein

Articles

No abstract provided.


Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner Jan 2002

Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner

Articles

No abstract provided.


Children's Associational Rights?: Why Less Is More, Emily Buss Jan 2002

Children's Associational Rights?: Why Less Is More, Emily Buss

Articles

No abstract provided.


Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein Jan 2002

Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

Articles

No abstract provided.


Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib Jan 2002

Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib

Articles

No abstract provided.


From Cynicism To Positive Theory In Public Choice, Saul Levmore Jan 2002

From Cynicism To Positive Theory In Public Choice, Saul Levmore

Articles

No abstract provided.


Simlaw 2011, Randal C. Picker Jan 2002

Simlaw 2011, Randal C. Picker

Articles

No abstract provided.


The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner Jan 2002

The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner

Articles

No abstract provided.


Locating Discrimination: Interactive Web Sites As Public Accommodations Under Title Ii Of The Civil Rights Act The Scope Of Equal Protection, Tara Thompson Jan 2002

Locating Discrimination: Interactive Web Sites As Public Accommodations Under Title Ii Of The Civil Rights Act The Scope Of Equal Protection, Tara Thompson

Articles

No abstract provided.


Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein Jan 2002

Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein

Articles

No abstract provided.


Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen Jan 2002

Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen

Articles

No abstract provided.


Market Evidence In Corporate Law, Daniel R. Fischel Jan 2002

Market Evidence In Corporate Law, Daniel R. Fischel

Articles

No abstract provided.