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Articles 15361 - 15390 of 20079
Full-Text Articles in Entire DC Network
Corporate Governance Lessons From Russian Enterprise Fiascos, Merritt B. Fox, Michael A. Heller
Corporate Governance Lessons From Russian Enterprise Fiascos, Merritt B. Fox, Michael A. Heller
Articles
This Article draws on a rich array of deviant behavior in Russian enterprises to craft lessons for corporate governance theory. First, Professors Fox and Heller define corporate governance by looking to the economic functions of the firm. Based on this definition, they develop a typology that comprehensively shows all the channels through which bad corporate governance can inflict damage on a country's real economy. Second, they explain the causes of Russian enterprise fiascoes by looking to the particular initial conditions prevailing at privatization-untenable firm boundaries and insider allocation of firm shares-and the bargaining dynamics that have followed. This focus offers …
Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams
Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams
Articles
Before making a few remarks in response to those who commented on our article (Lempert, Chambers, and Adams 2000), we would like to express our gratitude to the editors of Law and Social Inquiry for securing these commentaries and to the people who wrote them. The comments both highlight the potential uses to which our research and similar studies may be put and give us the opportunity to address methodological concerns and questions that other readers of our article may share with those who commented on it. The responses to our work are of two types. Professors Nelson, Payne, and …
Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams
Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams
Articles
This paper reports the results of a 1997-98 survey designed to explore the careers of the University of Michigan Law School's minority graduates from the classes of 1970 through 1996, and of a random sample of Michigan Law School's white alumni who graduated during the same years. It is to date the most detailed quantitative exploration of how minority students fare after they graduate from law school and enter law practice or related careers. The results reveal that almost all of Michigan Law School's minority graduates pass a bar exam and go on to have careers that appear successful by …
Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick
Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick
Articles
America's troubled relationship with international law, in particular human rights law, is well documented. In many cases, the United States simply will not agree to be bound by international human rights treaties. For example, the United States has yet to ratify even such fundamental agreements as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, and the Convention on the Rights of the Child. When the United States does agree to become a party to an international human rights treaty, it has often sought to condition its acceptance …
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Articles
In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …
In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard
In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard
Articles
This Article presents an empirical study of changes in shareholder wealth resulting from the Ninth Circuit Court of Appeals decision in In re Silicon Graphics Inc. Securities Litigation, which interpreted the pleading provision established in the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). Congress passed the Reform Act as part of an ongoing effort to protect corporations from abusive suits alleging "fraud by hindsight." In such suits, plaintiffs claimed that a sudden drop in a company's stock price was evidence that the issuer and its management covered up the bad news that led to the price drop. …
America As Pattern And Problem, Carl E. Schneider
America As Pattern And Problem, Carl E. Schneider
Articles
Since the days of Tocqueville, foreign observers have seen America as both a pattern and a problem. They still do, and in ways that illuminate the way law deals with bioethical issues both here and abroad. America was long exceptional in having a written constitution, in allowing its courts the power of judicial review, and in letting courts exercise that power to develop and enforce principles of human rights. Today, that pattern looks markedly less exceptional. After the Second World War, Germany and Japan were persuaded to adopt constitutions that included human rights provisions and that endowed courts with the …
Race In The Courtroom: Perceptions Of Guilt And Dispositional Attributions, Samuel R. Sommers, Phoebe C. Ellsworth
Race In The Courtroom: Perceptions Of Guilt And Dispositional Attributions, Samuel R. Sommers, Phoebe C. Ellsworth
Articles
The present studies compare the judgments of White and Black mock jurors in interracial trials. In Study 1, the defendant’s race did not influence White college students’ decisions but Black students demonstrated ingroup/outgroup bias in their guilt ratings and attributions for the defendant’s behavior. The aversive nature of modern racism suggests that Whites are motivated to appear nonprejudiced when racial issues are salient; therefore, the race salience of a trial summary was manipulated and given to noncollege students in Study 2. Once again, the defendant’s race did not influence Whites when racial issues were salient. But in the non-race-salient version …
Memorial: Margaret Althea Goldblatt (1948-2000), Margaret A. Leary
Memorial: Margaret Althea Goldblatt (1948-2000), Margaret A. Leary
Articles
Margaret Goldblatt, who died on June 15, 2000, in Cape Town, South Africa, after a year-long battle with cancer, was a rare combination of librarian and entrepreneur. She had both a sense of humor and a sense of professionalism that endeared her to those who knew her. Many of her colleagues knew her only through telephone and e-mail communications, for she worked the last several years from the office of Ward and Associates, located in the home she shared with her husband Peter Ward and her two children, Clea Goldblatt, age 21, and Zachary Ward, age 11.
The Usury Trompe L'Oeil, James J. White
The Usury Trompe L'Oeil, James J. White
Articles
This Article demonstrates how the interaction of a federal statute passed in 1864,1 a case decided by the Supreme Court in 1978,2 and modem technology has legally debarred every state legislature from controlling consumer interest rates in its state-but not from passing laws that appear to do so-and has politically debarred the Congress from setting federal rates to replace the state rates. As a consequence, the elaborate usury laws on the books of most states are only a trompe l'oeil, a "visual deception... rendered in extremely fine detail ... ." The presence of these finely detailed laws gives the illusion …
Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White
Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White
Articles
Assume a bright hypothetical social scientist - call her Phoebe - who is completely ignorant of legal research as it is practiced in today's law schools. Phoebe might speculate about legal research as follows. First, she would note that the law schools are joined with and are the exclusive source of the practitioners of a profession. Second, she would note that commercial and legal actors rub up against and are influenced by the law in countless ways every day. Third, she might remark that this interaction occurs practically on the doorsteps of our law schools. Unlike anthropologists, who may have …
Reading Texts, Reading Traditions: African Masks And American Law, James Boyd White
Reading Texts, Reading Traditions: African Masks And American Law, James Boyd White
Articles
My subject in this Essay is the relation between a text or other artifact and the tradition against which it acts. I want to begin by borrowing from a book that seems to me to represent a model-not the only model, of course, but a very good one-of a certain kind of cultural investigation. The book is Inventing Masks by Z.S. Strother, an art historian at Columbia University who specializes in African art. Its material subject is a set of face masks made by the Central Pende, an African people in what is now the Democratic Republic of Congo.
Linking The Visions, James Boyd White
Linking The Visions, James Boyd White
Articles
It is a major tendency of legal studies in our time to focus upon questions of general social policy, with argument centered on which theory or methodology ought to determine such matters. My own attention has been differently focused, on the nature and quality of legal thoughts itself, and of legal expression. It is to these matters that the work I do with the humanities – literature, classics, philosophy, and translation – many speaks.
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
Articles
No abstract provided.
Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn
Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn
Articles
This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And, …
Duellism In Modern American Jurisprudence, David G. Carlson
Duellism In Modern American Jurisprudence, David G. Carlson
Articles
No abstract provided.
Performance Of Distributed Cfar Test Under Various Clutter Amplitudes, Chandrakanth H. Gowda, R. Viswanathan
Performance Of Distributed Cfar Test Under Various Clutter Amplitudes, Chandrakanth H. Gowda, R. Viswanathan
Articles
We evaluate the performances of several distributed constant false-alarm rate (CFAR) tests operating in different background clutter conditions. The analysis considers the detection of Rayleigh target in various clutters with the possibility of differing clutter power levels in the test cells of distributed radars. Numerical results studied for a two-radar system show how the false-alarm rate of the maximum order statistic (MOS) test changes with differences in the clutter power levels of the test cells. The analysis for the detection of Rayleigh target in Rayleigh clutter indicates that, with the power levels of differing test cells, the OR fusion rule …
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Articles
The article critically examines the evolution of executive compensation, particularly the shift from traditional pay structures to performance-based systems, and argues that this shift has not resolved the underlying issues of excessive pay and misaligned incentives. Instead, it has introduced new conflicts of interest and inefficiencies. The author proposes a regulatory solution—a deductibility cap on executive pay—to curb excessive compensation and better align executive incentives with shareholder interests.
The Risks Of Adjudicating Vichy, Richard H. Weisberg
The Risks Of Adjudicating Vichy, Richard H. Weisberg
Articles
The article examines the risks and implications of adjudicating Vichy-era officials, focusing on Maurice Papon's trial for crimes against humanity. It highlights how the trial exposed France's complicity in the Holocaust, the role of its legal system in perpetuating anti-Semitic policies, and the challenges of addressing historical injustices decades later.
Religious Practice Bereft Of Faith, Eamon Maher
Religious Practice Bereft Of Faith, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Articles
No abstract provided.
Deconstructing The Forced Assimilation Of Deaf People Via De'via Resistance And Affirmation Art, Patricia Durr
Deconstructing The Forced Assimilation Of Deaf People Via De'via Resistance And Affirmation Art, Patricia Durr
Articles
Historically many outstanding artists who were deaf have contributed to the visual arts, such as: Louis Frisino, Felix Kowalewski, Granville Redmond, Cadwallader Washbum, and Regina Olson Hughes. While these distinguished artists have enhanced the field of art, their work has not focused on the Deaf experience itself. With a heightened appreciation, acceptance, and acknowledgment of Deaf culture and American Sign Language (ASL), we see a virtual explosion of Deaf artists moving away from mainstream art to art that gives voice to their unique cultural experiences. This movement in the United States is known as Deaf View/Image Art (De'VIA). This paper …
The Jury And Scientific Evidence, Richard O. Lempert
The Jury And Scientific Evidence, Richard O. Lempert
Articles
Read court decisions and commentaries from 100, or evenfive years ago, and you will find that experts and scientific evidence were causing problems then just as they are causing problems now. I do not think that Daubert, Kumho Tire, or any change in a rule of evidence will keep expert scientific testimony from being a difficult area for the legal system. Yet we must still ask: "What are the best terms on which to deal with scientific experts, and how can weimprove the system?"
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Articles
No abstract provided.
Letters Of Credit, Voidable Preferences, And The "Independence" Principle, David G. Carlson, William H. Widen
Letters Of Credit, Voidable Preferences, And The "Independence" Principle, David G. Carlson, William H. Widen
Articles
The article challenges the traditional application of the independence principle in letters of credit within bankruptcy law, arguing that courts have misapplied this principle, leading to rulings that unfairly protect creditors. The authors propose treating the issuance of a letter of credit as a transfer of the debtor's property, making it subject to voidable preference rules under federal bankruptcy law. They advocate for a reinterpretation of the earmarking doctrine and suggest legislative action to clarify the treatment of letters of credit in bankruptcy, ensuring fairness and consistency in the legal framework.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
A Tribute To James B. Boskey, Lela P. Love
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
Articles
The article argues that the earmarking doctrine, a judge-created exception to 547b liability, should be reinterpreted under 547c1 of the Bankruptcy Code. It posits that the doctrine's current reliance on vague concepts like "control" is legally unsound and inconsistent with statutory intent. By aligning earmarking with the contemporaneous exchange defense under 547c1, the analysis would focus on the parties' intent and the timing of the exchange, eliminating the need for the controversial control criterion. This approach would bring clarity and consistency to bankruptcy law, preventing arbitrary outcomes and ensuring compliance with the Bankruptcy Code.
A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis
A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis
Articles
No abstract provided.
Regulating Doctors, Carl E. Schneider
Regulating Doctors, Carl E. Schneider
Articles
Alawyer today can hardly speak to a doctor--or even be treated by one-without being assailed by lawyer jokes. These jokes go well beyond good-humored badinage and pass the line into venom and gall. They reflect, I think, the sense many doctors today have that they are embattled and endangered, cruelly subject to pervasive and perverse controls. This is puzzling, almost to the point of mystery. Doctors have long been the American profession with the greatest social prestige, the greatest wealth, and the greatest control over its work. Indeed, what other profession has been as all-conquering? One may need to go …