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Articles 20281 - 20310 of 25411
Full-Text Articles in Entire DC Network
When Corporate Managers Fear A Good Thing Is Coming To An End: The Case Of Interim Nondisclosure, Mitu Gulati
When Corporate Managers Fear A Good Thing Is Coming To An End: The Case Of Interim Nondisclosure, Mitu Gulati
Faculty Scholarship
Every public offering of securities is necessarily made some time during a fiscal quarter. Companies are obliged to disclose fall quarter operating results, but their obligations regarding the as-yet-incomplete quarter remain unclear. In this Article, Professor Mitu Gulati tackles both the normative question of whether companies doing offerings should be required to disclose their unripe information concerning the current quarter and the doctrinal question of whether such an obligation already exists within the framework of disclosure duties. The Article concludes that, while market forces and regulatory requirements operate to solve the interim nondisclosure problem in the majority of cases, there …
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky
Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Reflective Choice In Health Care: Using Information Techonology To Present Allocation Options, Arti K. Rai
Reflective Choice In Health Care: Using Information Techonology To Present Allocation Options, Arti K. Rai
Faculty Scholarship
No abstract provided.
Global Environmental Regulation: Instrument Choice In Legal Context, Jonathan B. Wiener
Global Environmental Regulation: Instrument Choice In Legal Context, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
The Selling Of The Flat Tax: The Dubious Link Between Rate And Base, Lawrence A. Zelenak
The Selling Of The Flat Tax: The Dubious Link Between Rate And Base, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
The Constitution In Authoritarian Institutions, Erwin Chemerinsky
The Constitution In Authoritarian Institutions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
Faculty Scholarship
In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violted a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
Preemption At Sea, Ernest A. Young
Preemption At Sea, Ernest A. Young
Faculty Scholarship
Although Erie Railroad v. Tompkins put an end to the "general federal common law," a form of general common law lives on in admiralty. The interaction of that law with state regulatory authority in maritime cases has given rise to one of the thorniest questions in federal courts law -- the problem of maritime preemption. Because admiralty law remains largely a "brooding omnipresence over the sea," maritime preemption affords a unique opportunity to explore the implications of both pre- and post-Erie approaches to judge-made law for our modern system of federalism. In this article, Professor Young proposes that the present …
The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami
The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami
Faculty Scholarship
Parliamentary democracy is the dominant paradigm in the European Community's democratic deficit debate.
Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin
Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Inadvertent Disclosure Of Priveleged Information And The Law Of Mistake: Using Substantive Legal Principles To Guide Ethical Decision Making, Trina Jones
Faculty Scholarship
No abstract provided.
Toward A Cooperative Strategy For Federal And State Judges In Mass Tort Litigation, Francis Mcgovern
Toward A Cooperative Strategy For Federal And State Judges In Mass Tort Litigation, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Anachronism Of The Moral Sentiments? Integrity, Postmodernism, And Justice, James Boyle
Anachronism Of The Moral Sentiments? Integrity, Postmodernism, And Justice, James Boyle
Faculty Scholarship
No abstract provided.
The Woody Allen Blues: “Identity Politics,” Race, And The Law, Jerome M. Culp
The Woody Allen Blues: “Identity Politics,” Race, And The Law, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Class Actions And Social Issue Torts In The Gulf South, Francis Mcgovern
Class Actions And Social Issue Torts In The Gulf South, Francis Mcgovern
Faculty Scholarship
This Article explores the practical, theoretical, and doctrinal evolution of class actions and social issue torts in the Gulf South. After explaining the reasons for the continued use of class actions and the recent emergence of social issue torts, the Article discusses the debate concerning the perceived abuses of both class actions and social issue torts. Professor McGovern conludes by making recommendations for incremental improvements to moderate the more egregious uses and abuses of class actions and social issue torts.
With Disdain For The Constitutional Craft: The Proposed Victims’ Rights Amendment, Robert P. Mosteller, H. Jefferson Powell
With Disdain For The Constitutional Craft: The Proposed Victims’ Rights Amendment, Robert P. Mosteller, H. Jefferson Powell
Faculty Scholarship
Recent years have witnessed a growing concern over the rights of crime victims, as well as an accompanying debate over how best to protect those rights. One proposed solution took a significant step forward when the Senate Judiciary Committee voted to approve a Victims' Rights Amendment to the United States Constitution. In this Essay, Professors Mosteller and Powell argue that the proposed Amendment, along with the "legislative history" interpreting it, represents a failed attempt by the drafters of the Amendment to pacify the interests of victims and various other constituencies concerned about the impact of the Amendment on successful prosecutions …
The Judge, H. Jefferson Powell
Regulating Scientific Research: Intellectual Property Rights And The Norms Of Science, Arti K. Rai
Regulating Scientific Research: Intellectual Property Rights And The Norms Of Science, Arti K. Rai
Faculty Scholarship
No abstract provided.
The Inherent Irrationality Of Judgment Proofing, Steven L. Schwarcz
The Inherent Irrationality Of Judgment Proofing, Steven L. Schwarcz
Faculty Scholarship
In recent articles in the Yale Law Journal and the Stanford Law Review, Professor Lynn M. LoPucki has sparked much academic discussion arguing that recent developments in corporate law have led to an erosion in the system of corporate liability, such that it might one day prove impotent. LoPucki has argued that transactions such as asset securitizations, sale-leasebacks, and corporate structures in which liabilities are placed in asset-poor subsidiaries are driving this change. One early critic to the LoPucki thesis, Professor James J. White, has argued that empirical data show no evidence of increasing use of judgement proofing techniques. In …
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Law Libraries And Technology, Richard A. Danner
Law Libraries And Technology, Richard A. Danner
Faculty Scholarship
No abstract provided.
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Prosecutorial Immunity, Erwin Chemerinsky
Dialogue On State Action, Erwin Chemerinsky
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
In Defense Of The Big Tent: The Importance Of Recognizing The Many Audiences For Legal Scholarship, Erwin Chemerinsky, Catherine Fisk
In Defense Of The Big Tent: The Importance Of Recognizing The Many Audiences For Legal Scholarship, Erwin Chemerinsky, Catherine Fisk
Faculty Scholarship
No abstract provided.
Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen
Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen
Faculty Scholarship
The Authors from Western New England College School of Law discuss perspectives on and approaches to responding to student writing.