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Articles 21301 - 21330 of 25406
Full-Text Articles in Entire DC Network
The Merger And Acquisition Provisions Of The Ali Corporate Governance Project As Applied To The Three Steps In The Time-Warner Acquisition, Samuel C. Thompson Jr.
The Merger And Acquisition Provisions Of The Ali Corporate Governance Project As Applied To The Three Steps In The Time-Warner Acquisition, Samuel C. Thompson Jr.
Faculty Scholarship
No abstract provided.
Why Are There So Few Black Lawyers In Corporate Law Firms? An Institutional Analysis, Mitu Gulati, David B. Wilkins
Why Are There So Few Black Lawyers In Corporate Law Firms? An Institutional Analysis, Mitu Gulati, David B. Wilkins
Faculty Scholarship
Although the number of black students graduating from law schools has increased significantly in recent decades, blacks still make up a very small minority of the lawyers working in large corporate law firms. Available data indicate that these firms hire few blacks, and that those they do hire are more likely than their white peers to leave the firms before becoming partners. Conventional explanations blame the underrepresentation of blacks in corporate firms on either the racism of firms and their clients, or a shortage of qualified, interested black candidates. While acknowledging that in some instances these factors may help to …
The Unrealized Potential Of Malpractice Arbitration, Thomas B. Metzloff
The Unrealized Potential Of Malpractice Arbitration, Thomas B. Metzloff
Faculty Scholarship
Although the use of arbitration in the commercial arena has increased tremendously in recent years, there has been a reluctance to adopt arbitration of medical malpractice claims in place of litigation. After discussing the benefits of arbitration has not become predominant, discussing such factors as judicial hostility, failure of state statutes designed to encourage arbitration, and lack of hard evidence that arbitration works. Professor Metzloff then explores the future of arbitration in medical malpractice cases, citing examples from his own work experience with Duke Law School's Private Adjudication Center, and discusses attributes which would make malpractice arbitration successful in the …
Telling A Black Legal Story: Privilege, Authenticity, “Blunders,” And Transformation In Outsider Narratives, Jerome M. Culp
Telling A Black Legal Story: Privilege, Authenticity, “Blunders,” And Transformation In Outsider Narratives, Jerome M. Culp
Faculty Scholarship
One of the methods that I and a number of other legal scholars have used to question the status quo in law and society is to tell stories from our autobiographies or those of our communities.
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Protecting Rights, Preventing Windfalls: A Model For Harmonizing State And Federal Laws On Floating Liens, Steven L. Schwarcz, Janet M. Link
Protecting Rights, Preventing Windfalls: A Model For Harmonizing State And Federal Laws On Floating Liens, Steven L. Schwarcz, Janet M. Link
Faculty Scholarship
This Article examines the conflict between state law which permits the creation of security interests in a debtor's after-acquired property--or "floating liens"--and federal bankruptcy law's potential cutoff of many of those security interests. This conflict arises in virtually every bankruptcy case. However, because of ambiguous statutory language and a failure of the jurisprudence conceptual center. This Article argues that using a model of a debtor in liquidation to analyze the cutoff of floating liens would balance the underlying policy considerations and make judicial outcomes more predictable.
Takings And The Nature Of Property, Laura S. Underkuffler
Takings And The Nature Of Property, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Effects Of Information Technology On Law Librarianship: An American Perspectuve, Richard A. Danner
Effects Of Information Technology On Law Librarianship: An American Perspectuve, Richard A. Danner
Faculty Scholarship
No abstract provided.
The Duration Of Copyright And The Limits Of Cultural Policy, Jerome H. Reichman
The Duration Of Copyright And The Limits Of Cultural Policy, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
The Ethics Of Being A Commentator, Erwin Chemerinsky, Laurie Levenson
The Ethics Of Being A Commentator, Erwin Chemerinsky, Laurie Levenson
Faculty Scholarship
No abstract provided.
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Proprietary Norms In Corporate Law: An Essay On Reading Gambotto In The United States, Deborah A. Demott
Proprietary Norms In Corporate Law: An Essay On Reading Gambotto In The United States, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
Cyberattack! Are We At War?, Charles J. Dunlap Jr.
Cyberattack! Are We At War?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Gustafson V. Alloyd Co.: The Wrong Decision, But It Is Still Business As Usual In The Securities Markets, Kimberly D. Krawiec
Gustafson V. Alloyd Co.: The Wrong Decision, But It Is Still Business As Usual In The Securities Markets, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
Faculty Scholarship
Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Faculty Scholarship
The thesis of this essay can be stated as follows: Shareholder-employees should be able to recover for loss of employment, within the cause of action provided by corporate law, where the termination violates public law, breaches the agreement among the shareholders, or is unsupported by legitimate business purposes. In Part II, this essay presents the employment model, including the paradigm of employment that the law builds on, the starting premise of employment law, the roles of private and public law, and the remedies afforded for violations of an employee's rights. In Part III, this essay develops the corporate model, discussing …
Law Teachers And The Educational Continuum, Michael K. Jordan
Law Teachers And The Educational Continuum, Michael K. Jordan
Faculty Scholarship
There are many difficulties in teaching the law. These problems are often referred to generically as the difficulty in training students to "think like lawyers." The primary focus of the literature discussing these concerns has, therefore, been on how law schools should assist students in developing this ability. Underlying much of this literature is the assumption that what is needed is some tinkering with the law school curriculum. Students are believed to enter law with a set of abilities and potentialities that are honed by the law school curriculum to produce something called a lawyer or the skill denominated as …
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
Faculty Scholarship
Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.
Getting Out Of Business: Tax Costs And Opportunities In Exiting A Closely Held Business, Denise D. J. Roy
Getting Out Of Business: Tax Costs And Opportunities In Exiting A Closely Held Business, Denise D. J. Roy
Faculty Scholarship
The primary purpose of this article is to encourage closely held business owners and their lawyers to consider exit costs, opportunities and strategies when making the initial choice-of-entity decision. A secondary purpose is to provide information about tax consequences and exit strategies useful to owners of businesses that are already up and running, whether in drafting a buy-sell agreement or planning for a specific transaction. Therefore, the article begins by comparing the major tax consequences of exiting the alternative entity types available to closely held businesses for tax purposes--C corporations, S corporations and partnerships. Part II of this article provides …
Women Refugees Does The United States Provide Adequate Protection?, Karen Musalo
Women Refugees Does The United States Provide Adequate Protection?, Karen Musalo
Faculty Scholarship
No abstract provided.
Protecting Possession, Ugo Mattei
Recovering The Full Complexity Of Our Traditions: New Developments In Property Theory, Joan C. Williams
Recovering The Full Complexity Of Our Traditions: New Developments In Property Theory, Joan C. Williams
Faculty Scholarship
No abstract provided.
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Faculty Scholarship
No abstract provided.
Work Of Knowledge , Abner S. Greene
Work Of Knowledge , Abner S. Greene
Faculty Scholarship
Interpretation involves the acquisition of knowledge. We are continually confronted with the results of purposive action. Sometimes these results are written texts, such as statutes or novels. Other times these results are events in the physical world, actions that we observe or the results of actions about which we are told. To make sense of these results of purposive action, that is, to make the results be more than just a jumble of sense impressions, the observer must find a way of organizing the material with which he or she is presented. These methods of organizing the results of purposive …
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Scapegoating The Poor: Welfare Reform All Over Again And The Undermining Of Democratic Citizenship, Mark N. Aaronson
Scapegoating The Poor: Welfare Reform All Over Again And The Undermining Of Democratic Citizenship, Mark N. Aaronson
Faculty Scholarship
No abstract provided.
Guilty Knowledge, Daniel S. Kleinberger
Guilty Knowledge, Daniel S. Kleinberger
Faculty Scholarship
Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Faculty Scholarship
The shortage of subsidized child care creates three problems. First, it contributes to underemployment because job options are greatly reduced when child care is unavailable. Second, it erodes the wages of parents who do work because low-income families spend a debilitating percentage of their earnings to pay for the care of their children. Third, it relegates many children to poor quality child care settings, compromising their academic potential and social well-being, and placing them at risk for delinquency and dependency. Part I of this article discusses the current paucity of quality, affordable child care, and the effects of this shortage. …
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Faculty Scholarship
No abstract provided.