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Articles 20491 - 20520 of 25411
Full-Text Articles in Entire DC Network
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Faculty Scholarship
No abstract provided.
To The Bone: Race And White Privilege, Jerome M. Culp
To The Bone: Race And White Privilege, Jerome M. Culp
Faculty Scholarship
No abstract provided.
The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell
The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Choice Of Law Rules For International Securities Transactions?, James D. Cox
Choice Of Law Rules For International Securities Transactions?, James D. Cox
Faculty Scholarship
No abstract provided.
Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky
Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Faculty Scholarship
No abstract provided.
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
Faculty Scholarship
No abstract provided.
The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll
The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll
Faculty Scholarship
No abstract provided.
Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec
Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Faculty Scholarship
No abstract provided.
The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.
The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn
Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Securing Compliance With The Trips Agreement After Us V. India, Jerome H. Reichman
Securing Compliance With The Trips Agreement After Us V. India, Jerome H. Reichman
Faculty Scholarship
The different developmental circumstances of the industrialized and developing countries call for different approaches to intellectual property rights protection. While increasingly high levels of protection may (or may not) be appropriate to the industrialized economies, developing country economies are more likely to benefit from strategies and rules which encourage building upon existing stocks of knowledge. TRIPS Agreement standards provide sufficient `wiggle room' to allow developing countries to pursue pro-competitive strategies, while still acting consistently with the TRIPS Agreement requirements of national and most favored nation treatment. The decision of the WTO Appellate Body in the India-Mailbox case was a critical …
Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams
Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams
Faculty Scholarship
The United States Supreme Court validated the misappropriation theory in United States v. O'Hagan, but unfortunately rendered a confusing opinion that left many questions unresolved. In this article we discuss the history of the Supreme Court's Section 10(b) jurisprudence as it relates to insider trading, giving particular attention to the Court's insistence prior to O'Hagan that "a material misrepresentation or material failure to disclose," not merely a breach of fiduciary duty, must exist to impose liability under Section 10(b). We then discuss the pervasive inconsistencies among lower courts in interpreting the misappropriation theory, and how the O'Hagan decision does little …
The Tale Of A Tail, James F. Hogg
The Tale Of A Tail, James F. Hogg
Faculty Scholarship
The commercial general liability insurance industry shifted, in 1986, from the use of an “occurrence-based” to a “claims-made” policy form. So-called “tail” or “long tail” claims have continued nevertheless, to be asserted under the older “occurrence” policies which required that injury occur during the term of the policy, but not that the claim for such injury be made or brought at any particular time. In seeking state approval to use the new “claims-made” form in 1985-86, the insurance industry represented that the new form would not affect coverage under the old “occurrence” form. Despite that representation, insurers are now asserting, …
Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson
Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson
Faculty Scholarship
The Minnesota No-Fault Automobile Insurance Act was intended to ensure the “prompt payment of specific basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident,” to prevent overcompensation of less seriously injured people by the interposition of tort thresholds, and to encourage appropriate medical and rehabilitation treatment by assuring prompt payment for that treatment. It seems clear that at least some of the initial promise of the Act has not been fulfilled. Payment of basic economic loss benefits, which the legislature intended to be paid promptly, has become bogged down in a quagmire …
Tax Expenditure Analysis And Constitutional Decisions , Linda Sugin
Tax Expenditure Analysis And Constitutional Decisions , Linda Sugin
Faculty Scholarship
This article looks at the significance of the similarities and differences between tax benefits and direct spending for purposes of the equal protection and establishment clauses, with a particular focus on the charitable contribution deduction. Because economic equivalence is not critical under these constitutional provisions, tax expenditure analysis is not relevant to the legal analysis. While this article deals only briefly with numerous provisions of the Code and analyzes only two constitutional provisions, it provides a model for considering the constitutionality of any tax provision.
Introduction To Keynote Address: Symposium: The First Amendment And The Media: Convergence--Necessary, Evil, Or Both? The Legal, Economic, And Cultural Impacts Of Mega Media Mergers, Joel R. Reidenberg
Faculty Scholarship
It is my pleasure today to introduce our keynote speaker, Professor Larry Lessig. Professor Lessig is the Jack and Lillian Berkman Professor of Entrepreneurial Legal Studies at Harvard Law School and is a renowned scholar in intellectual property, constitutional, Internet, and new media law. Indeed, the last time Professor Lessig spoke here at Fordham, he was focusing on his pioneering work addressing fidelity in constitutional interpretation. Of course, not the sort of fidelity that the Senate is debating this afternoon.
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Faculty Scholarship
This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …
A Comparative Analysis Of Minnesota Products Liability Law And The Restatement (Third) Of Torts: Products Liability, Michael K. Steenson
A Comparative Analysis Of Minnesota Products Liability Law And The Restatement (Third) Of Torts: Products Liability, Michael K. Steenson
Faculty Scholarship
This Article compares the Restatement (Third) of Torts: Products Liability with Minnesota products liability law. The Restatement (Third) of Torts: Products Liability provides a yardstick for measuring products liability law in each individual state. Minnesota's law is largely similar to the rules set out in the Restatement. While Minnesota has not yet adopted all of the positions in all of the rules, the Minnesota Supreme Court has taken positions on the rules governing liability, which are substantially the same. It no longer seems possible to argue that negligence principles do not control in cases involving design defect and failure to …
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
Faculty Scholarship
The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …
On The Interface Between Labor And Employment Law, Joseph R. Grodin
On The Interface Between Labor And Employment Law, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle
An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle
Faculty Scholarship
No abstract provided.
Path Dependent Inefficiency In The Corporate Contract: The Uncertain Case With Less Certain Implications, Frederick Lambert
Path Dependent Inefficiency In The Corporate Contract: The Uncertain Case With Less Certain Implications, Frederick Lambert
Faculty Scholarship
No abstract provided.
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat
Faculty Scholarship
No abstract provided.
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett
Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett
Faculty Scholarship
No abstract provided.
Hard Cases And The (D)Evolution Of Constitutional Doctrine, Ashutosh Bhagwat
Hard Cases And The (D)Evolution Of Constitutional Doctrine, Ashutosh Bhagwat
Faculty Scholarship
No abstract provided.
An Old Jurisprudence: Respect In Retrospect, Anita Bernstein
An Old Jurisprudence: Respect In Retrospect, Anita Bernstein
Faculty Scholarship
No abstract provided.
Privacy Online, Nick Allard