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Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice, William E. Kovacic

GW Law Faculty Publications & Other Works

The objective of this paper is to discuss and compare the role that different constituencies play in US andEU procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we consider how the procedure unfolds, which parties are involved, and how they can affect the procedure. Our discussion reveals a very different ecology. EU andUS procedures differ in terms of their basic design and in terms of the procedures that are naturally associated with …

Collaborations Of Hope: Network Theory And The Assessment Of Anti-Human Trafficking Nonprofits' Relationships, Gabrielle Barrientos

Honors Theses

My research utilizes network theory to assess nonprofits' relationships in the anti- human trafficking sector. I explore nonprofit relationships with other anti-human trafficking nonprofits and governmental agencies through a survey I developed and administered to anti-human trafficking nonprofits and coalitions. I selected all survey recipients because of their focus on addressing human trafficking. Out of 50 organizations, 16 participated in the survey. I found that all of these organizations collaborated with other nonprofits and all but one with government. All organizations valued nonprofit collaboration and all but one valued government collaboration. The majority or organizations valued both collaborations equally, which …

Disaster, Displacement, And Voluntourism: Helping Narratives Of College Student Volunteers In Post-Katrina New Orleans, Mary Elizabeth Smithson

Honors Theses

This thesis is an ethnographic study of volunteer tourists' motivations for contributing to the ongoing recovery of the Lower Ninth Ward in New Orleans, LA. While it has been nearly a decade since Hurricane Katrina hit the Gulf Coast in 2005, there is still much work to be done. The urgency that once accompanied the chaotic environment of a post-disaster landscape does not exist anymore. In effect, the strategies for recuperating from the hurricane's impacts mirror this shift from an urgent disaster state to a stabilized recovery state. Instead of issuing direct relief to people, recovery efforts are presently focused …

Forty Years Of Disability Policy In Legal Education And The Legal Profession: What Has Changed And What Are The New Issues, Laura Rothstein

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Status And Tasks Of The European Railway Agency – Current Situation And Future Prospects In The Light Of The Draft Fourth Railway Package, Michał Będkowski-Kozioł

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article presents the structure, functions and powers of the European Railway Agency considering the functions and tasks of EU agencies as well as the legal basis of their operation, which determine the scope of their respective competences. Discussed are the premises for the establishment of the European Railway Agency, its structure and tasks as well as proposals for improvements in this area in the draft of the Fourth Railway Package.

The Role Of Ethics Audits In Improving Ethical Conduct In Law Firms: An Empirical Examination, Susan Saab Fortney

Hofstra Law Faculty Scholarship

For decades, legal malpractice experts have urged lawyers to implement risk management measures. To assist law firms in doing so, legal malpractice insurers have provided audit services and self-audit materials. The ABA Model Rules of Professional Conduct also recognize the importance of policies and procedures as an aspect of a firm’s ethical infrastructure. Specifically, Model Rule 5.1 and state versions of Model Rule 5.1 require that firm principals make reasonable efforts to ensure that the firm has in effect measures to ensure that firm lawyers conform to the rules of professional conduct.

Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples

Articles

In the summer of 2012, transactional law clinics from three U.S. law schools: George Washington University; Georgetown University; and the University of Michigan launched a collaboration to serve a common client — Ashoka, a global nonprofit organization that supports close to 3,000 social entrepreneurs across 76 countries. While clinic collaborations within universities happen occasionally, clinic collaborations across universities are unusual. This essay focuses on the motivations, operations, lessons, and next steps of this cross-university, clinical collaboration aimed at advancing social entrepreneurship globally. Specifically, this essay examines why the collaboration was launched, how the collaboration is structured, what the collaboration offers …

Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon

Other Publications

This is the first of two articles that examines the role that advocates for parents and families can play in furthering the well-being and safety of children. This article highlights how the work of multidisciplinary advocacy teams with legal expertise can help prevent children from entering foster care. The next article will discuss emerging parent representation models that expedite the safe reunification of children already in foster care.

Mindful Ethics-A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott Rogers

St. Mary's Journal on Legal Malpractice & Ethics

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation—an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation’s Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …

How Do You Rate Your Lawyer? Lawyers’ Responses To Online Reviews Of Their Services, Laurel A. Rigertas

St. Mary's Journal on Legal Malpractice & Ethics

With the proliferation of opportunities for consumers to review a variety of services on the Internet, it is only a matter of time until more clients review their attorneys’ services on the Internet. This raises a variety of potential ethical and public policy issues. First, what can attorneys do to try to control their online reputations? Second, if a client posts negative comments about an attorney’s services on a public Internet forum, can the attorney respond on that forum without breaching the duty of confidentiality and, if so, how? Finally, when settling a dispute with a client, may an attorney …

“Nudging” Better Lawyer Behavior: Using Default Rules And Incentives To Change Behavior In Law Firms, Nancy B. Rapoport

St. Mary's Journal on Legal Malpractice & Ethics

In the changing landscape of law practice—where law firm profits are threatened by such changes as increased pressure from clients to economize and the concomitant opportunities for clients to shop around for the most efficient lawyers—are there ways to change how things are done in law firms so that firms can provide more efficient and ethical service? This article suggests that an understanding of cognitive biases and basic behavioral economics will help law firms tweak their incentives and default rules to promote the improved delivery of legal services.

Ethics Issues In Representing Intergovernmental Entities, Hugh D. Spitzer

Articles

The creation and operation of intergovernmental entities raise special professional responsibility issues for the lawyers involved in the formation and the long-term activities of multi-governmental bodies. It is particularly important for attorneys to pay attention to conflicts of interest that arise from giving simultaneous assistance to several governments, or from representing one entity in negotiations with other governments the attorney or firm represents. This paper briefly reviews various categories of interlocal entities in Washington State, as an example. It points out the distinctly different dynamics during the formation period and the operations period of an intergovernmental body. It then analyzes …

Downstream Securities Regulation, Anita K. Krug

Articles

Securities regulation wears two hats. Its “upstream” side governs firms in connection with their obtaining financing in the securities markets. That is, it *1590 regulates firms' and issuers' offers and sales of securities, whether in public offerings to retail investors or in private offerings to institutional investors. Its “downstream” side, by contrast, governs financial services providers, who assist with investors' activities in those markets. Their services include providing advice regarding securities investments, as investment advisers do; aggregating investors' assets for purposes of enabling those investors to invest their assets collectively, as mutual funds do; and acting as “middlemen” between buyers …

Project Rural Practice: Its People & Its Purpose, Patrick G. Goetzinger, Robert L. Morris

South Dakota Law Review

No abstract provided.

Reflections On The Rural Practice Of Law In South Dakota: Past, Present And Future, David Gilbertson

South Dakota Law Review

No abstract provided.

Confidentiality And Conflicts Of Interest: A Guide For South Dakota Lawyers, Judith K. Meierhenry

South Dakota Law Review

No abstract provided.

Alienability Of Mass Tort Claims, Lynn A. Baker

DePaul Law Review

No abstract provided.

Lawyer Lending: Costs And Consequences, Nora Freeman Engstrom

DePaul Law Review

No abstract provided.

Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele Destefano

DePaul Law Review

No abstract provided.

Doulbe, Double, Toil And Trouble: Justice-Talk And The Future Of Medical Malpractice Litigation, David A. Hyman, Charles Silver

DePaul Law Review

No abstract provided.

Profit For Costs, Morris A. Ratner, William B. Rubenstein

DePaul Law Review

No abstract provided.

Competition And The Evolution Of Large Law Firms, Albert Yoon

DePaul Law Review

No abstract provided.

Litigation Funding And The Problem Of Agency Cost In Representative Actions, Samuel Issacharoff

DePaul Law Review

No abstract provided.

Alternative Litigation Finance And Anti-Commodification Norms, W. Bradley Wendel

DePaul Law Review

No abstract provided.

An Exploratory, Correlational, Self-Rater Study On Authentic Leadership Values Of Adventist Local Conference Chief Financial Officers In The United States, Juan R. Prestol-Puesán

Dissertations

The Problem

Seventh-day Adventist (SDA) local conference treasurers, or Chief Financial Officers, are trusted by church members to manage the finances of the church and provide financial leadership, yet the denomination does not know how treasurers develop their values and leadership capacity as financial administrators. This study examined how treasurers compare with the leadership values of morality, integrity, and fairness prevalent today in positive forms of leadership theories. It explores SDA treasurer or financial officer self-assessment with the rating that their team members provide, allowing us to know the authenticity of their values as leaders.

Method

This is a census …

Gideon V. Wainwright A Half Century Later, Yale Kamisar

Reviews

When he was nearing the end of his distinguished career, one of my former law professors observed that a dramatic story of a specific case "has the same advantages that a play or a novel has over a general discussion of ethics or political theory." Ms. Houppert illustrates this point in her very first chapter.

Family Related Attitudes And Beliefs Influencing Risk And Support Seeking Among Female Victims Of Domestic And Sexual Violence In El Paso, Texas, Diane Ilene Huerta

Open Access Theses & Dissertations

To provide effective prevention and intervention strategies for victims of domestic and sexual violence, health care professionals, law enforcement responders, and service providers must adequately understand the factors that influence risk and support seeking processes among victims. More than 12 million men and women become victims of rape, physical violence, or stalking yearly, over 24 people per minute (Centers for Disease Control and Prevention [CDC], 2013). About one in four women and one in seven men have experienced severe physical intimate partner violence at some point in their life (CDC, 2013). Minority populations are at disproportionately higher risk for domestic …

Our Fair City: A Comprehensive Blueprint For Gender And Sexual Justice In New York City, Cindy Gao, Katherine M. Franke

Faculty Scholarship

Columbia Law School’s Center for Gender & Sexuality Law offers this report to aid the de Blasio administration in evaluating the steps it can and should take to eliminate all forms of gender and sexual discrimination, and to assure gender and sexual justice in City policy and programs. After consultation with numerous groups advocating for gender and sexual justice across New York City, the Center for Gender & Sexuality Law at Columbia Law School has synthesized in this report a set of key recommendations to the de Blasio administration, all designed to eliminate a wide range of disadvantages, invisibility, violence, …

The Empty Promise Of Vara: The Restrictive Application Of A Narrow Statute, David E. Shipley

Scholarly Works

The Visual Artists Rights Act (VARA) was enacted by Congress in 1990 in order to bring our laws into compliance with Article 6bis of the Berne Convention and to acknowledge that protecting moral rights will foster “a climate of artistic worth and honor that encourages the author in the arduous act of creation.” The passage of this legislation is said to show Congress’s “belief that the art covered by the Act ‘meet[s] a special societal need, and [its] protection and preservation serves an important public interest.’”

Notwithstanding these lofty statements about artistic worth, honor and encouraging creation, VARA is a …

Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice, William E. Kovacic, Petros C. Mavroidis, Damien J. Neven

Faculty Scholarship

The objective of this paper is to discuss and compare the role that different constituencies play in US and EU procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we consider how the procedure unfolds, which parties are involved, and how they can affect the procedure. Our discussion reveals a very different ecology. EU and US procedures differ in terms of their basic design and in terms of the procedures that are naturally …