Digital Commons Network^™

Hush: The Criminal Status Of Confidential Information After Mcnally And Carpenter And The Enduring Problem Of Overcriminalization, John C. Coffee Jr.

Faculty Scholarship

Each of the last three decades has witnessed an intense public reaction to a distinctive type of "white collar" crime. In the early 1960's, public attention was riveted by the Electrical Equipment conspiracy and the image of senior corporate executives of major firms meeting clandestinely to fix prices. In the mid-1970's, the focus shifted to corporate bribery, as the media ran daily stories regarding questionable payments abroad and illegal political contributions at home. The representative white collar crime of the 1980's is undoubtedly "insider trading." The archetype of this new kind of criminal in the public's mind is Ivan Boesky …

One Hundred And Two Years Later: The U.S. Joins The Berne Convention, Jane C. Ginsburg, John M. Kernochan

Faculty Scholarship

In historic votes on October 5 and October 12, the U.S. Senate and House of Representatives unanimously approved legislation designed to bring U.S. law into compliance with the Berne Convention. The legislation was signed by President Reagan on October 31, 1988. Also signed by the President was a Senate Resolution of October 20 of Ratification of the Berne Convention. Following deposit of the requisite instruments with the World Intellectual Property Organization in Geneva, U.S. adherence to Berne took effect on March 1, 1989.

For the U.S., this momentous step is the culmination of decades of struggle, including many failed attempts …

Standards For Organizational Probation: A Proposal To The United States Sentencing Commission, John C. Coffee Jr., Richard Gruner, Christopher D. Stone

Faculty Scholarship

This proposal was prepared by the authors in their capacities as consultants to the United States Sentencing Commission. It has not been adopted or endorsed by the Commission. If adopted, the proposal would constitute Part D(2) of the Sentencing Commission's Organizational Sentencing Guidelines (to be continued in Chapter 8 of the Commission's Guidelines Manual).

The Uncertain Case For Takeover Reform: An Essay On Stockholders, Stakeholders And Bust-Ups, John C. Coffee Jr.

Faculty Scholarship

In this Article, Professor John Coffee considers under what circumstances there could be a legitimate role for state regulation of tender offers. Professor Coffee suggests that state anti-takeover laws could (but do not) function to protect other stakeholders, including corporate management, in the target corporation where the implicit contract between the corporation and these stakeholders has broken down. He advances a model of corporate directors as mediators between shareholders and stakeholders in order to protect the expectations embodied in a web of implicit and explicit contracts.

Professor Coffee suggests that takeovers would be more palatable if the interests of stakeholders …

The Corporation As Client: Problems, Perspectives, And Partial Solutions, James R. Mccall

Faculty Scholarship

No abstract provided.

A Cause Of Action For Option Traders Against Insider Option Traders, William K.S. Wang

Faculty Scholarship

No abstract provided.

The Index To Legal Periodicals On Cd-Rom, Wilsondisc, Marsha Baum

Faculty Scholarship

About the Index to Legal Periodicals functionality now that it is on CD.

An Examination Of Real Estate Purchase Options, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Compensation Programs For Vaccine-Related Injury Abroad: A Comparative Analysis, Wendy K. Mariner

Faculty Scholarship

Adverse physical reactions to immunizations, ¹ although comparatively rare, raise fundamental questions about the relationship between the state and the individual. In the United States, responsibility for vaccine-related injuries has been judicially and administratively debated for nearly two decades, beginning with the seminal decision of Davis v. Wyeth Laboratories. The primary issue is whether a person who suffers an unpredictable adverse reaction to a vaccination is entitled to receive compensation for his or her injuries, and if so, whether compensation should be provided by the manufacturer of the vaccine as part of its responsibility for the effects of its products, …

Qualitative Standards For Qualified Securities: Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Qualitative Standards For 'Qualified Securities': Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Surrogate Parenthood, George J. Annas, John Robertson

Faculty Scholarship

Does a surrogate mother have the right to change her mind? Not according to the Baby M court, which enforced a $10,000 contract between Mary Beth Whitehead and William and Elizabeth Stern that it found was "in the best interests of the child." The decision is now on appeal before the New Jersey Supreme Court.

The case has produced sharply divided reaction-some denounce surrogate arrangements as Orwellian while others see them as a boon to childless couples.

George Annas, a professor of health law at Boston University's School of Public Health, would void these contracts on policy grounds. He believes …

The Independent Corporate Board: A Means To What End?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden

Faculty Scholarship

No abstract provided.

Liability Of Information Suppliers Expanded, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.

Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith

Faculty Scholarship

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …

Symbiosis Between Social Spiders And Yeast: The Role In Prey Attraction, William James Tietjen, L. Rao Ayyagari, George W. Uetz

Faculty Scholarship

A number of predatory animals use deception, including odors, signals, and bait-like body appendages or objects to lure prey (Alcock, 1984). Several spider species are known to emit chemical odors that mimic the sex attractants of certain noctuid or saturniid moths as a means of luring males to be captured (Tietjen and Rovner, 1982). Here we provide evidence that the social spider species, Mallos gregalis, uses a scented "bait" to attract prey. Our results indicate that this odor is produced by yeasts growing on the carcasses of previously fed-upon flies which these spiders incorporated into their webs.

Personal Jurisdiction And The Stream Of Commerce, A. Kimberley Dayton

Faculty Scholarship

This article evaluates the stream of commerce theory of personaljurisdiction in light of existing precedent and the constitutionalimperative of due process. Part II briefly describes the factualbackground of Asahi and the various opinions rendered in the case.Part m outlines the development of jurisdictional doctrine since International Shoe, emphasizing the meaning of "purposeful availment" and its fluid role in the due process equation governing statecourt jurisdiction. Part IV then traces the evolution of the stream of commerce theory since International Shoe. Part V examines and rejects criticisms of the stream of commerce theory, and concludes that under any reasonabre interpretation of …

Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Texas Session Laws: Same Chapter, Different Verse, James Hambleton, Jim Paulsen

Faculty Scholarship

An inconsistency in the publication of Texas session laws, beginning with the tag-end of the 68th Legislature, promises to create considerable confusion in finding and citing session laws. The problem stems from the fact that one publisher produced the paper pamphlet "advance sheets" for new laws, while another released the bound volumes of the same session laws. As one might expect, page numbers do not coincide.

Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison

Faculty Scholarship

No abstract provided.

Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper

Faculty Scholarship

The American public largely has responded with fear and hostility rather than with knowledge and compassion to the presence of Acquired Immune Deficiency Syndrome ("AIDS") in society. Although our reactions are changing as we learn more about the syndrome and its causitive virus, some people continue to characterize AIDS as a well-deserved punishment of those groups most often afflicted with AIDS: gay men and intravenous drug users. Many people also persist in their erroneous beliefs that AIDS can be spread through casual contact. Although much remains to be learned about AIDS, there already exists an abundance of information upon which …

Sediments From A Living Shelf-Edge Reef And Adjacent Area Off Central Eastern Florida., Charles M. Hoskin, John K. Reed, David H. Mook

Faculty Scholarship

Jeff's Reef (27⁰ 32.5' N; 790 58.3' W), a 16m high Oculina coral bank on the shelf-slope break, is the site of modem carbonate sedimentation mixed with relict carbonate and quartz. Surficial sediments from the 94 km² surrounding area of outer shelf, shelf edge and upper slope are significantly different from reef sediments as judged by wt.% gravel, sand, silt, clay, mud, sorting, skewness and normalized kurtosis. Sand grain types (ooid +pellet+ carbonate rock fragments, barnacles and coral) are also different for reef and non-reef areas. Sediments of non-reef origin in the adjacent areas have significantly larger between-station …

Conceptualizing Proof And Calculating Probabilities: A Response To Professor Kaye, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Biological And Geological Processes At The Shelf Edge Investigated With Submersibles., John K. Reed, Charles M. Hoskin

Faculty Scholarship

Studies of living reefs along the shelf edge off eastern Florida and the Bahamas suggest the interrelation of physical, biological, and geological processes. JOHNSON-SEA-LINK submersibles were used to sample corals and sediment with a manipulator or by lock-out diving. Videotape and 35 mm cameras, CTD system, and transmissometer were used to document the dives. Sediment traps, light meters, time-lapse camera, thermographs, and current meters were deployed and recovered. A 222 km long reef system of discontinuous pinnacles capped with living and dead Oculina coral was studied off Florida. Upwelling may contribute to growth and community structure of the reef system. …

Of Carrots And Sticks: Evaluating The Role Of The Class Action Lawyer, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Conflict And Cooperation In Long-Term Contracts, Robert E. Scott

Faculty Scholarship

This Article uses the techniques of modern decision analysis and game theory to analyze the decisionmaking strategies of parties to long-term commercial contracts. Most parties to long-term contracts initially allocate the risks of future contingencies and agree – either explicitly or implicitly – to adjust this initial risk-allocation scheme if unanticipated events occur. Once contract risks are initially distributed, however, each party's self-interest may compel them to evade their responsibility rather than adjust cooperatively as originally agreed. Visualizing the interactions between contracting parties as an iterated prisoner's dilemma, the Author attempts to clarify the dynamics of this adjustment process. Professor …

Rico: The Crime Of Being A Criminal Parts I And Ii, Gerard E. Lynch

Faculty Scholarship

One of the most controversial statutes in the federal criminal code is that entitled "Racketeer-Influenced and Corrupt Organizations," known familiarly by its acronym, RICO. Passed in 1970 as title IX of the Organized Crime Control Act of 1970, RICO has attracted much attention because of its draconian penalties, including innovative forfeiture provisions; its broad draftsmanship, which has left it open to a wide range of applications, not all of which were foreseen or intended by the Congress that enacted it; and the sometimes dramatic prosecutions that have been brought in its name.

RICO's complexity has attracted several efforts to unscramble …

The Teaching Function Of The First Amendment, Vincent A. Blasi

Faculty Scholarship

In this important book, Professor Bollinger seeks to understand and remedy the inadequacy he perceives in the way our legal culture deals with extremist speech. He argues that the high level of protection the first amendment has been construed to require serves a social function that has not been fully recognized or carefully evaluated. His thesis is that the contemporary social function of the idea of freedom of speech is to help the society develop a general capacity for tolerance, a capacity that determines how we respond to many forms of conduct as well as speech. Once this function is …

Evaluating Dual Class Common Stock: The Relevance Of Substitutes, Ronald J. Gilson

Faculty Scholarship

The proposal of the New York Stock Exchange to end its prohibition on listing the securities of companies with dual classes of common stock has focused public policy debate over this evolution in capital structure both too broadly and too narrowly.

The debate has been too broad because it has encompassed one situation – an initial public offering by a company with a capital structure containing dual class common stock – that should not be controversial at all. Whatever may have originally prompted the New York Stock Exchange's longstanding prohibition against listing non-voting common stock or common stock with voting …