Digital Commons Network^™

Executive Compensation In America: Optimal Contracting Or Extraction Of Rents?, Lucian A. Bebchuk, Jesse M. Fried, David I. Walker

Faculty Scholarship

This paper develops an account of the role and significance of rent extraction in executive compensation. Under the optimal contracting view of executive compensation, which has dominated academic research on the subject, pay arrangements are set by a board of directors that aims to maximize shareholder value by designing an optimal principal-agent contract. Under the alternative rent extraction view that we examine, the board does not operate at arm's length; rather, executives have power to influence their own compensation, and they use their power to extract rents. As a result, executives are paid more than is optimal for shareholders and, …

A Review Of The Development Of An Internet Delivered Ll.M Program In The United States, William Byrnes

Faculty Scholarship

This article reviews the development of the first Internet delivered LL.M program (i.e. LL.M. of International Tax and Offshore Financial Centers, the ‘Program’) in the United States.

The paper comprises four sections: In Part 1 the economics reasons for, and logistics considerations of, the Internet delivered Program are addressed. Part 2 reviews the pedagogical approach to legal education employed in the United States, criticisms thereof, and finally examines an emerging pedagogical trend in the United Kingdom. Part 3 reviews the teaching tools employed in the Program International Tax and Offshore Financial Centers, and Part 4 reviews the practical aspects of …

Medical Error Reporting: Professional Tensions Between Confidentiality & Liability, Wendy K. Mariner, Frances H. Miller

Faculty Scholarship

Improving patient safety depends on a sophisticated understanding of what can jeopardize it. Reports of adverse patient events and "near misses" constitute valuable information that can foster that understanding. Knowing what has gone wrong in the past facilitates the search for systems improvements, which can prevent recurrence. Unfortunately, providers have been generally unenthusiastic about reporting medical error, whether from a sense of shame, from a fear of liability and institutional sanctions, or from anxiety about reputation and relationships with peers. This Issue Brief lays out the factors that may affect reporting, and explores the limited evidence about whether providers' confidentiality …

Unreasonable Probability Of Error, Jed Handelsman Shugerman

Faculty Scholarship

In Strickland v. Washington, the Supreme Court sought to create a uniform standard to guarantee effective assistance of counsel to criminal defendants, to "ensure a fair trial," and to assure the reliability of "a just result."' Justice O'Connor's majority opinion created a two-pronged test for overturning a trial verdict: deficient performance and resulting prejudice. The Court explicitly established a difficult burden for proving deficient performance,² but set a moderate standard for prejudice as the "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient …

Minority Discounts And Control Premiums In Appraisal Proceedings, Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

In a merger, a stockholder often has a statutory right of dissent and appraisal under which the stockholder may demand to be paid fair value exclusive of any gain or loss that may arise from the merger itself. Most courts and commentators agree that a dissenting stockholder should ordinarily receive a pro rata share of the fair value of the corporation without any discount simply because minority shares lack control. In several recent cases, the courts have indicated that a minority stockholder is thus entitled to a share of the control value of the corporation even though the merger does …

Autonomy, Self-Governance, And The Margin Of Appreciation: Developing A Jurisprudence Of Diversity Within Universal Human Rights, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.

Separation Of Powers, The Presidency And The Environment, Robert V. Percival

Faculty Scholarship

No abstract provided.

When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Minna J. Kotkin, Stacy Caplow

Faculty Scholarship

No abstract provided.

Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Traits And Tools For Ethical Environmental Advocates In Florida, Brion L. Blackwelder

Faculty Scholarship

No abstract provided.

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Faculty Scholarship

No abstract provided.

Revoking Your Citizenship: Minimizing The Likelihood Of Administrative Error, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Drug Designs Are Different, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres

Faculty Scholarship

This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …

Harold K. Jacobson (1929-2001): An Appreciation, Charlotte Ku

Faculty Scholarship

Harold Jacobson was born in Detroit onJune 28,1929. He attended high school in Wyandotte, Michigan, and received a bachelor's degree in history from the University of Michigan. He married his Michigan schoolmate Merelyn Jean Lindbloom in 1951, a year after he started graduate school at Yale.

He was fundamentally an optimist about human behavior; he opened his path-breaking text, Networks of Interdependence, with the words, "This is an optimistic book, though I hope not an unrealistic one."

Thus did Jacobson begin a career-long association with many whose work was rooted in international law. This interest led to fruitful collaborations and …

A 2001 Employment Law Odyssey: The Invasion Of Privacy Tort Takes Flight In The Florida Workplace, Michael Z. Green

Faculty Scholarship

Computer use has exploded over the last twenty years. Even more rapid growth of technology throughout the 1990s has culminated with the dynamic and exponentially increasing use of the Internet. This technology spurt has led the way to many more business opportunities. With those increasing opportunities more problems have arisen, especially with protecting privacy on a domestic and an international scale after the European Union Directive. The European Union Directive created a profound impact on multinational employers, especially those in the U.S., by requiring guarantees that all private information gathered by companies doing business in countries that are members of …

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Tears Later: Reflections On The State Of Feminism Today, Elizabeth M. Schneider, Regina Austin

Faculty Scholarship

No abstract provided.

Standing Upright: The Moral And Legal Standing Of Humans And Other Apes, Adam Kolber

Faculty Scholarship

No abstract provided.

When A Clinician Grew In Brooklyn: A Tribute To Kathleen Sullivan, Stacy Caplow, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton

Faculty Scholarship

This Lecture consists of three parts. In the first part, I will lay out the background behind judicial review in the United States - the history, the theory, and the constitutional structure. In the second part of this Lecture, I will discuss some of the major United States Supreme Court cases that established and developed the doctrine of judicial review. In the third, and final, part, I will present the recent case of Bush v. Gore as an example of the major points that have been developed earlier. Finally, I will conclude with some general observations about judicial review and …

In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen

Faculty Scholarship

More than twenty years ago, moral philosopher Richard Wasserstrom framed the debate in legal ethics by asking two questions. Does the lawyer's duty to zealously represent the client, constrained only by the bounds of the law, render the lawyer "at best systematically amoral and at worst more than occasionally immoral in ... her dealings with the rest of mankind[?]" And is the lawyer's relationship with the client likewise morally tainted in that it generally entails domination by the lawyer over the client rather than mutual respect? Wasserstrom answered both questions affirmatively. Though these questions have preoccupied legal ethics scholars ever …

Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Clive B. Jacques, Jack M. Beermann

Faculty Scholarship

In this article, we argue that enforcing the TCA against state and local zoning authorities raises serious legal concerns, especially if such enforcement is via a § 1983 "and laws" action. In particular, we argue that courts should not award attorney's fees under § 1988 to providers who prevail in claims alleging violation of TCA section 704. First, we argue that this is not an appropriate "and laws" claim because the TCA's cell siting provisions, in the main, do not create rights that are enforceable via § 1983 action. Further, in our view Congress did not intend that providers be …

The Wonderful World Of Genetics, George J. Annas

Faculty Scholarship

Review of Future Perfect: Confronting Decisions about Genetics (2001) by Lori B. Andrews

Building Community, Recognizing Dignity: Beyond The Ada, Karen H. Rothenberg, Alan D. Hornstein

Faculty Scholarship

No abstract provided.

Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman

Faculty Scholarship

No abstract provided.

The Death Of Copyright: Digital Technology, Private Copying, And The Digital Millennium Copyright Act, Glynn S. Lunney Jr

Faculty Scholarship

The advent of digital technology has increasingly stressed copyright's ability to protect adequately creative works. By widely dispersing the ability to make near-perfect copies, digital technology renders copyright's traditional approach of controlling unauthorized copying by direct legal action against the individual copier increasingly anachronistic. Fearing copyright's inability to cope with the resulting risk of widespread private copying, copyright producers requested and Congress enacted the Digital Millennium Copyright Act ("DMCA"). The DMCA prohibits almost entirely the use and distribution of decryption technology that would defeat encryption-based controls placed on digital works, and thereby enables copyright producers to rely on encryption to …

Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

No abstract provided.

The Hormesis Challenge For Environmental Health Regulators, Michael S. Baram

Faculty Scholarship

The hormesis hypothesis provides that human, animal or plant exposure to a low external dose of a hazardous chemical substance or physical agent may have beneficial health outcomes'. For example, human exposure to a precisely defined, low external dose of a carcinogenic pollutant in the workplace or ambient environment may lead to an internal dose or concentration, which stimulates a dormant defense mechanism that inhibits the growth of tumors.

Synthesis And Characterization Of Novel Chiral Chromophores For Nonlinear Optical Applications, Kenneth D. Singer, Rolfe G. Petschek

Faculty Scholarship

We report the design, synthesis and characterization of novel conjugated chiral materials, based on the derivatives of camphorquinone as shown below, for nonlinear optics. Several conjugated chiral monomers have been prepared and characterized. A x-ray single crystal study was also performed on one of the chiral monomer. The chiral conjugated polymers were prepared from polycondensation of conjugated chiral diolmonomer with di-functional and multifunctional co-monomers. We present results of synthesis and characterization of the conjugated chiral materials.

High-Resolution Rotation Curves Of Low Surface Brightness Galaxies. I. Data, Stacy S. Mcgaugh

Faculty Scholarship

We present long-slit Hα observations of 50 low surface brightness galaxies. Of these, 36 are of sufficient quality to form rotation curves. These data provide a large increase in the number of low surface brightness galaxies for which accurate rotation curves are available. They also represent an order-of-magnitude improvement in spatial resolution over previous 21 cm studies (1″-2″ instead of 13″-45″). The improved resolution and accuracy of the data extend and strengthen the scientific conclusions previously inferred from 21 cm data.