Digital Commons Network^™

What Else Matters For Corporate Governance?: The Case Of Bank Monitoring, Joanna M. Shepherd, Frederick Tung, Albert H. Yoon

Faculty Scholarship

We address a crucial but underappreciated question: what else besides corporate law matters for corporate governance? We take the novel view that corporate governance must involve more than corporate law. Corporate scholars focus almost exclusively on corporate law mechanisms for controlling managerial agency costs. We contend, however, that contracting parties also attempt to control agency costs in their contracts with the firm. In particular, we hypothesize that banks, by monitoring firms in connection with their loans, enhance firm value for the benefit of shareholders.

We examine over one-thousand public firms for the period 1990-2004 to test the value of bank …

The New Death Of Contract: Creeping Corporate Fiduciary Duties For Creditors, Frederick Tung

Faculty Scholarship

The article identifies a worrisome trend in corporate law and scholarship. Across seemingly unrelated issue areas, courts and scholars have lost faith in private corporate bargains. They invite judicial intervention into private contract, proposing to expand fiduciary duties beyond their traditional shareholder centered focus to protect non-shareholder claimants from managerial opportunism. When conflict between claimant classes becomes acute, managers pursuing shareholder value may make inefficient investments that benefit shareholders but harm other claimants and the firm generally. I argue that claimants' private contracts with the firm are superior to expanded duty for constraining this opportunism. I focus on one specific …

Should Access To Medicines And Trips Flexibilities Be Limited To Specific Diseases?, Kevin Outterson

Faculty Scholarship

From the perspective of public health, limiting access programs and TRIPS flexibilities to particular diseases would be quite dangerous and unnecessary. Dangerous because the diseases of the world's rich and poor countries are converging, including non-communicative diseases such as heart disease, stroke, diabetes, cancer and depression. Radically cheaper medicines for these conditions could significantly improve health in LMICs. Limitation is also unnecessary because proven tools can be deployed to preserve high-income markets while LMICs pursue equitable flexibilities.

To date, the important global legal texts retain broad application to all relevant diseases, but the some parties continue to propose disease-specific limitations, …

The Roles Of Standardization, Certification And Assurance Services In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin

All Faculty Publications

In this article we examine the rapid emergence and expansion of standardized product and process frameworks and a private-sector compliance and enforcement infrastructure that we believe may increasingly be providing a substitute for public and legal regulatory infrastructure in global commerce. This infrastructure is provided by a proliferation of performance codes and standards, many of which define acceptable social and environmental behavior, and a rapidly-growing number of privately-trained and authorized inspectors and certifiers that we call the third-party assurance industry. We offer reasons for this development, evidence of its scope and scale, and then describe the phenomenon in more detail …

Immigration And Integration In Canada, Mary Liston, Joseph Carens

All Faculty Publications

Like Australia and the United States, Canada is usually considered a ‘traditional’ immigrant receiving country in contrast to many countries in Europe, Asia, and Africa where large-scale immigration is a relatively recent phenomenon. This chapter reviews past and current Canadian immigration policy. Section one provides a brief historical overview of Canadian immigration patterns. Section two outlines current immigration policy, including the changes introduced by Canada’s Immigration and Refugee Protection Act (2002). Section three discusses the relationship between immigration policy and the integration of immigrants in Canadian society. The chapter concludes with the proposition that, while Canada’s immigration policy converges with …

Proportionate Securities Regulation: The Potential For Scaled Treatment Of Junior Issuers, Janis P. Sarra

All Faculty Publications

Particular features of Canada’s capital market inform our consideration of moving towards a more proportionate regulatory system. Specifically, Canada has a large number of small public companies; its market cap is concentrated largely in four provinces; it has a particular focus on mining, resources and technology; and a significant number of issuers are cross-listed on US exchanges. Canadian securities regulators have already recognized some measure of proportionate regulation in their national instruments, based on the type of listing. The paper suggests that a number of overriding principles or considerations should be taken into account in respect of a further move …

Homeownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Sexual Orientation & Gender Identity: American Law In Light Of East Asian Developments, Holning S. Lau

Faculty Publications

No abstract provided.

Human Rights And Globalization: Putting The Race To The Top In Perspective, Holning S. Lau

Faculty Publications

No abstract provided.

Book Review Of, Caitrin Lynch. Juki Girls, Good Girls: Gender And Cultural Politics In Sri Lanka’S Global Garment Industry, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Reviews the book "Juki Girls, Good Girls: Gender and Cultural Politics in Sri Lanka’s Global Garment Industry," by Caitrin Lynch

Milk Teeth And Jet Planes: Kin Relations In Families Of Sri Lanka’S Transnational Domestic Servants, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

This essay examines the confluence of local and global dynamics, exploring how transnational migration affects and is affected by gender roles, kinship relations, intergenerational obligations, and ideologies of parenthood. Journeying to the Middle East repeated on two-year labor contracts, many of Sri Lanka’s migrant housemaids leave behind their husbands and children. Women’s long-term absences reorganize and disrupt widely accepted gendered attributions of parenting roles, with fathers and female relatives taking over household tasks. Migrants say that economic difficulties prompt migration, and assess commitment to kin in financial terms. The government also benefits from remittances. Nevertheless, stakeholders (villagers, politicians, and the …

Large Domestic Pits On The Northwest Coast Of North America, Kenneth M. Ames, Cameron M. Smith, Alexander Bourdeau

Anthropology Faculty Publications and Presentations

Excavations of prehistoric and contact-period houses on the southern Northwest Coast of North America have exposed very large interior pit complexes. The complexes are either long trenches or rows of pits beneath the house floors. They are associated with substantial permanently occupied houses dated to between 300 CAL B.G. and A.D. 1830. The pits add significantly to the storage potentials of these houses and suggest surplus production.

Coal Combustion Waste Disposal Facility Design: Electric Power Cooperative Selby, South Dakota, Kevin L. Solie

Undergraduate Theses and Senior Projects

A rural electric cooperative (REC) proposes to build a 700 megawatt (MW) coal fired base load electrical generating station in north-central South Dakota. The plant would consist of a supercritical pulverized coal boiler and a steam turbine generator. Solid wastes generated through the operation of the boiler and associated plant air pollution control systems would be disposed at an onsite landfill. A 202-acre landfill with 10 percent slopes is proposed to manage approximately 685 tons of waste each day; a design capacity of 15,000,000 yd3 is required for the anticipated 50-year life of the facility. The objective of this report …

Representation & Its Limit, Neal Anderson Hebert

LSU Master's Theses

This thesis is an investigation into traditional accounts of aesthetic representation. Using the work of Noel Carroll as an exemplar of the definition put forward in canonical philosophical accounts of aesthetic representation, I look at how Carroll’s account must work. By examining both the definition in abstract and how this definition is instantiated into existent and hypothetical works of art, it becomes apparent that Carroll’s definition is overly stringent and relies upon a counterintuitive distinction between aesthetic representation and aesthetic expression. This distinction is problematic insofar as the distinction seems to be a largely semantic distinction: the mechanism by which …

Postcard From The Edge (Of Empire), Elizabeth Adjin-Tettey, Gillian Calder, Angela Cameron, Maneesha Deckha, Rebecca Johnson, Hester Lessard, Maureen Maloney, Margot Young

All Faculty Publications

This article in scrapbook form represents the endeavour of the eight authors to document a recent, collective, academic journey. The project was one embarked upon as a means to explore tensions between the ideas of embodiment that connected our work, and the rigidities of academic convention. Using various media, this article strives, in substance and form, to provoke, challenge and confront its audience into dialogue, while simultaneously asking questions about the limits of our own legal imaginations.

How Not To Incorporate Voluntary Standards Into Smart Regulation: Iso 14001 And Ontario's Environmental Penalties Regulations, Stepan Wood, Lynn Johannson

All Faculty Publications

In June, 2007 the province of Ontario, Canada, released environmental penalties (EPs) regulations. EPs (or administrative penalties, as they are called in the US) are the environmental equivalent of speeding tickets for facilities that violate pollution laws. They are found in numerous jurisdictions and are widely understood as part of a move toward smart regulation. The Ontario regulations offer reduced EPs to facilities with an environmental management system (EMS) that meets the requirements of ISO 14001 or the chemical industry's Responsible Care initiative. We argue that non-governmental, consensus-based standards such as ISO 14001 can and should play a constructive role …

Religion As Speech: The Growing Role Of Free Speech Jurisprudence In Protecting Religious Liberty, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

This article explores the role of free speech jurisprudence in protecting religious liberty, both describing how that role has grown in recent years and evaluating its propriety for the twenty-first century. The article begins by briefly examine the historic role free speech doctrine has played in protecting religious liberty through the mid-1980’s, when the Rehnquist Court began. Part two will then discuss how during the Rehnquist Court free speech became perhaps the primary vehicle to protect religious liberty. Although the Rehnquist Court largely followed earlier holdings regarding religious speech, it changed the analysis in two significant ways: first, by characterizing …

This Is To Whom It May Concern: A Guantánamo Narrative, 1 Depaul J. Soc. Just. 153 (2008)., Marc D. Falkoff

Faculty Articles, Papers, and Other Scholarship

No abstract provided.

Identification And Investigation Of Orfans In The Viral World, Yanbin Yin, Daniel Fischer

Faculty Articles, Papers, and Other Scholarship

Background: Genome-wide studies have already shed light into the evolution and enormous diversity of the viral world. Nevertheless, one of the unresolved mysteries in comparative genomics today is the abundance of ORFans – ORFs with no detectable sequence similarity to any other ORF in the databases. Recently, studies attempting to understand the origin and functions of bacterial ORFans have been reported. Here we present a first genome-wide identification and analysis of ORFans in the viral world, with focus on bacteriophages. Results: Almost one-third of all ORFs in 1,456 complete virus genomes correspond to ORFans, a figure significantly larger than that …

Beyond Cardboard Clients In Legal Ethics, Katherine R. Kruse

Scholarly Works

This Article argues that the construction of cardboard clients in legal ethics has disserved legal ethics by obscuring what is arguably a more central problem of legal professionalism: the problem of legal objectification. The problem of legal objectification is the tendency of lawyers to "issue-spot" their clients as they would the facts on a blue-book exam, overemphasizing the clients' legal interests and minimizing or ignoring the other cares, commitments, relationships, reputations and values that constitute the objectives clients bring to legal representation. This Article proposes an alternative ideal of legal professionalism for "three-dimensional clients" based on helping clients articulate and …

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

The Human Dignity Of Clients, Katherine R. Kruse

Scholarly Works

This essay reviews David Luban's forthcoming book, Legal Ethics and Human Dignity. At the heart of this new book is an argument that interactions between lawyers and clients ought to be at the center of jurisprudential inquiry. Pointing out that most cases do not go to trial and that much transactional work occurs outside the litigation context, he argues that law's defining moments occur when a "client sketches out a problem and a lawyer tenders advice," rather than when a judge decides a litigant's case. This review essay examines how Luban might elaborate a new "jurisprudence of lawyering" by examining …

Function Based Interventions Versus Non-Function Based Interventions Within A General Education Setting, Michael J. Vance

LSU Master's Theses

Functional Behavioral Assessment is a multi-method set of strategies used to determine a particular behaviors purpose. This method, currently seen as the gold standard for creating behavioral interventions, has since 1997 been required by law for a number of special education concerns. While there is a great deal of data supporting the use of function based interventions for populations with low incidence disabilities, little has been done to analyze their effectiveness for more typically developing children. Given that functional behavioral assessment can be quite time consuming and requires prior training the purpose of this study is to compare function based …

Neuroimaging Research Into Disorders Of Consciousness: Moral Imperative Or Ethical And Legal Failure?, Stacey A. Tovino

Scholarly Works

This article explores the ethical and legal implications of enrolling individuals with disorders of consciousness (DOC) in neuroimaging research studies. Many scientists have strongly emphasized the need for additional neuroimaging research into DOC, characterizing the conduct of such studies as morally imperative. On the other hand, institutional review boards charged with approving research protocols, scientific journals deciding whether to publish study results, and federal agencies that disburse grant money have limited the conduct, publication, and funding of consciousness investigations based on ethical and legal concerns. Following a detailed examination of the risks and benefits of neuroimaging research involving individuals with …

The Culture Of Conservative Protestantism And Income Inequality: A Multilevel Analysis, Skylar Craig Gremillion

LSU Master's Theses

Despite major advances in equality of rights, women still earn less money than men. Social science researchers see sex-based income inequality as an issue of discrimination. While the problem has been identified, its causes are a matter of debate. In this study I offer one possible influence on this discrimination. I theorize that conservative Protestant culture has a strong effect on local norms and business practices. Those norms are a part of the institutional environment, and manifest themselves as allocative and valuative discrimination, keeping women out of high paying jobs or paying women in high skilled jobs less than men …

Only Skin Deep: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench: Why Care Whether Judges Look “Like America” If, Because Of Politics, A “Voice Of Color” Has Become A “Whisper Of Color”?, Sylvia R. Lazos

Scholarly Works

This article explores the difficulties encountered in diversifying the federal bench and why the partisanship of the confirmation process decreases the diversity of viewpoints on the bench. Presidents value diversity in nominating judges. While Bill Clinton and George W. Bush had very contrasting political styles and judicial philosophies, the judges appointed by these two presidents now account for almost 80% of the current active federal minority judges. There has been progress in the area of descriptive diversity; currently 18% of the active federal bench is made up of minority judges according to data compiled from the Judicial Center. However, there …

Overcoming Lochner In The Twenty-First Century: Taking Both Rights And Popular Sovereignty Seriously As We Seek To Secure Equal Citizenship And Promote The Public Good, Thomas B. Mcaffee

Scholarly Works

Professor McAffee reviews substantive due process as the textual basis for modern fundamental rights constitutional decision-making. He contends that we should avoid both the undue literalism that rejects the idea of implied rights, as well as the attempt to substitute someone’s preferred moral vision for the limits, and compromises, that are implicit in—and intended by—the Constitution’s text. He argues, moreover, that we can largely harmonize the various goals of our constitutional system by taking rights seriously and understanding that securing rights does not exhaust the Constitution’s purpose.

The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Scholarly Works

This Article offers a critique of Nevada's Harnisch cases and calls for the Nevada Supreme Court to reconsider its ruling. The authors begin by examining the historical development of the automobile exception, beginning with Carroll v. United States. There the Supreme Court reasoned that both probable cause and the exigency of the mobility of automobiles justified a search without a warrant. But almost seventy-five years later, in Maryland v. Dyson, the Court clarified its conclusion that the automobile exception has no separate exigency requirement. In turn, the authors will then examine Nevada's application of the automobile exception prior to 1998's …

Quasi-Static And Impact Characterization Of Sandwich Structures With An Iso-Grid Stiffened Syntactic Foam Core, Venkata Sandeep Chakka

LSU Master's Theses

In this study, a novel hybrid sandwich structure with an integrated, iso-grid stiffened syntactic foam core was fabricated and evaluated by impact test and static test. Sandwich beams with different grid cell areas were prepared using a pin-guided dry weaving process. Low velocity impact test on different locations (rib, node, and bay) was conducted with varying hammer weight and impact velocities by an instrumented impact testing machine. Ultrasonic C-scan was utilized before and after impact to identify the damage induced by impact. Scanning Electron Microscopy observation was also implemented to visualize the impact damage at micro- length scale. Compressions after …

The "Foundations" Of Anti-Foundationalism — Or, Taking The Ninth Amendment Lightly: A Comment On Farber's Book On The Ninth Amendment, Thomas B. Mcaffee

Scholarly Works

The Ninth Amendment has served two purposes in constitutional discourse - to refute textualists and originalists, and to supply the historical grounds for reading the Constitution as a rights-foundationalist document. Professor McAffee's review of Professor Farber's book on the amendment raises the question whether, given Farber's prior rejection of foundationalism, it is possible for him to reconcile these two ends. It also suggests that, even if the amendment did grow from the environment that gave us the Declaration of Independence, the history gives reason to doubt that its purpose was to provide for the legal enforcement of unstated moral claims, …