Digital Commons Network^™

The Devil Made Me Do It: Replacing Corporate Directors' Veil Of Secrecy With The Mantle Of Stewardship, Constance E. Bagley, Karen L. Page

San Diego Law Review

This Article argues that the nature of the corporate form coupled with an exclusive focus on shareholder value leads to economically and socially inefficient results. The "profit maximization" view of directors' duties ignores the historical reasons why corporations were given special privileges, such as limited liability, by the state. This narrow view should be replaced with a doctrine of stewardship that imposes a more comprehensive view of the corporation's and directors' responsibility to manage the vast resources held in corporate form. This broader view is consistent not only with the values of a free market economy, but also with modem …

The Future Of Bioethics Testimony: Guidelines For Determining Qualifications, Reliability, And Helpfulness, Bethany Spielman, George Agich

San Diego Law Review

This Article addresses key questions about expert bioethics testimony4 from within the framework of the basic rule concerning expert witnesses, Federal Rule of Evidence 702.' This Rule6 requires judges to affirmatively answer three basic questions before admitting expert testimony: (1) does this witness qualify as an expert by knowledge, skill, experience, training, or education; (2) does the testimony consist of scientific, technical or other specialized knowledge; and (3) will the testimony assist the trier of fact. Bioethics testimony presents distinctive problems in each area, on which commentators have not necessarily focused. Part II of this Article addresses the question of …

Should A Possession Or Use Standard Be Employed To Prove Insider Trading?

San Diego Law Review

This Comment endorses the legislative adoption of an initial rebuttable presumption in favor of the complainant in insider trading cases. This presumption would create a strong inference of "actual use"

upon proof that the defendant was in possession of material and non- public information at the time he consummated a securities transaction.

Moreover, the inference would establish a prima facie case of insider trading sufficient to withstand summary judgment. This Comment argues that such a presumption is appropriate as it is consistent with the plain language of section 10(b) of the Securities Exchange Act of 19345

and SEC Rule lOb-5. …

Has The Time Come To Evaluate Evaluation? (Or Who Will Be Accountable For Accountability?), Roger A. Lohmann

Faculty & Staff Scholarship

A review essay of six recent books represents an occasion to examine the very idea of accountability, and to examine what the effects of several decades of emphasis on evaluation have been.

Crossing The Threshold: Examining The Abatement Of Public Nuisances Within The Home, Mary B. Spector

Faculty Journal Articles and Book Chapters

The Article suggests an approach courts should use when considering whether to abate a public nuisance within a home that is consistent with the goals and purposes of traditional public nuisance law as well as modern approaches to the regulation of individual rights and property. Part I provides the background for the analysis as it examines the common law origins of public nuisance law and the expansion of the equitable remedy of abatement. It also contrasts the law of public nuisance with the law of civil forfeiture. Although the law of civil forfeiture also permits uncompensated seizure of property connected …

Environmental Ethics And Our Moral Relationship To Future Generations: Future Rights And Present Virtue, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

A central issue in environmental ethics is characterization of our “moral relationship” to future generations. What, if any, obligations do we owe to the future? How should our present actions be influenced by their impact on the future?

The purpose of this article is to characterize and hopefully clarify certain aspects of this “moral relationship.” First, the article identifies those distinctive qualities that distinguish a moral analysis of our relationship to future generations from the moral analysis that will apply to an assessment of our actions on our own generation. It suggests that the issue of our moral relationship to …

Supreme Court Section 1983 Developments, Martin A. Schwartz

Scholarly Works

No abstract provided.

Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz

Scholarly Works

No abstract provided.

Emotional Intelligence And Legal Education, Marjorie A. Silver

Scholarly Works

The traditional knowledge-based law school curriculum is slowly giving way to one that increasingly exposes students to various lawyering skills. Nonetheless, legal educators are generally averse — or at best ill equipped — to support that training with the empathic and psychological skills good lawyering demands. The author discusses how emotional intelligence is essential to good lawyering and argues that it can and should be cultivated in law school. The article draws upon three examples of popular culture to explore both the absence and possibilities of interpersonal intelligence in the practice of law. The author also describes her own law …

"Chevron," Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Vanderbilt Law Review

In this Article, Professor Weiser argues that the advent of cooperative federalism statutes, like the Telecommunications Act of 1996, calls for a new conception of federal court review of state agency decisions. In particular, Professor Weiser suggests that federal statutes that invite state agencies to interpret federal law subject only to federal court review should be interpreted as calling for a deferential standard of review. Such a standard, to be sure, would allow cooperative federalism statutes to mean different things in different states. But as Professor Weiser illustrates with reference to the Telecommunications Act, the very nature of cooperative federalism …

Self-Efficacy In Women Following Myocardial Infarction: An Investigation Into The Effects Of A Cognitive-Interactive Nursing Intervention On Efficacy Enhancement, Joanne F. Roy

Open Access Dissertations

No abstract provided.

By Whom And How Is Service-Learning Implemented In Middle-Level Schools Involved In Documenting School Improvement: A Quantitative Study Of Opportunity-To-Learn Conditions And Practices, Anne M. Seitsinger

Open Access Dissertations

No abstract provided.

Attachment Classifications Among Eighteen-Month-Old Children Of Adolescent Mothers, Lynne Meredith Andreozzi

Open Access Dissertations

No abstract provided.

Assessing The Ecological Risk Of Toxic Chemicals On Coastal And Estuarine Ecosystems, Robert Kenneth Johnston

Open Access Dissertations

No abstract provided.

Effects Of Nitrate Fertilization And Shading On Physiological And Biomechanical Properties Of Eelgrass (Zostera Marina L.), Blaine S. Kopp

Open Access Dissertations

No abstract provided.

Linking Midwifery Practice To Outcomes, Holly Powell Kennedy

Open Access Dissertations

No abstract provided.

Statistical Power And Effect Size In The Field Of Health Psychology, Jason Edward Maddock

Open Access Dissertations

No abstract provided.

Predicting, Explaining And Understanding Adolescent Exercise Behavior Using Longitudinal And Cross-Sectional Approaches, Claudio Renato Nigg

Open Access Dissertations

No abstract provided.

Sports Participation: An Organizational Perspective, Jennifer Ann Swanson

Open Access Dissertations

No abstract provided.

Periodicity And Global Attractivity Of Some Difference Equations, Soudabeh Valicenti

Open Access Dissertations

No abstract provided.

The Learning Network Model Of School Psychological Services: A Heuristic Framework For A Formative Program Evaluation And Organizational Development Plan, Christopher Scott Willis

Open Access Dissertations

No abstract provided.

Studies On The Production Of Bioactive Metabolites By Marine Microalgae, Naiyu Zheng

Open Access Dissertations

No abstract provided.

Optimum Window Function For Sensitivity Enhancement In Nmr And Fluorine-19 Nmr Of Arylamine-Dna Adducts, Masoumeh Rajabzadeh

Open Access Dissertations

No abstract provided.

Ceramides: Quantification, And Regulation In The Yeast Saccharomyces Cerevisiae In Response To Hypoxia, Aida Elias Cremesti

Open Access Dissertations

No abstract provided.

The Relationship Of Ethnicity To Diabetes Self-Care And Medical Outcomes In African-Americans With Type 2 Diabetes Mellitus, Mary K. De Groot

Open Access Dissertations

No abstract provided.

The Golf Course As A Nature Reserve: An Evaluation Of Land Use And Diversity Applied To Ecosystem Design, Barry Edward Devine

Open Access Dissertations

No abstract provided.

Factors Affecting The Intent To Use Information Technology In Health Care Organizations: A Comparative Study, Neset Hikmet

Open Access Dissertations

No abstract provided.

The Best And The Brightest: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue

All Faculty Publications

This article assesses the admissions policies commonly employed by law faculties in common law Canada. These faculties rely heavily on admissions criteria and policies developed in the United States and, like their American counterparts, typically admit students on the basis of "index scores" produced by combining Law School Admissions Test (LSAT) performance with Undergraduate Grade Point Average (UGPA). The appropriateness of this American model to the Canadian context has never been rigorously assessed. This raises serious questions as to whether Canadian law school admissions policies serve either of their stated goals of finding the "best" students or of advancing social …

The Recent Asian Financial Crises: Possible Lessons And Implications For South Africa, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.

Teen Pregnancy: A Cross-Cultural Phenomenon But A Western Problem?, Tina Brown

Nebraska Anthropologist

Teen pregnancy (broadened to "premarital pregnancy" for research purposes) was investigated cross-culturally. Using the electronic Human Relations Area Files and literature review, attitudes toward premarital pregnancy, the incidence of premarital pregnancies, and outcomes of premarital pregnancies were compared in "African" and "Eurasian" social systems (as defined by Goody, 1976). Despite considerahle variance, there were no significant differences in approval or disapproval of premarital sex or pregnancy in African and Eurasian systems. There was no difference in incidence rates of premarital pregnancy in African and Eurasian systems; however. not taking marital status into consideration. developing countries have higher rates of adolescent …