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2004

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Institution
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Articles 781 - 798 of 798

Full-Text Articles in Business

Gatekeeping, Peter B. Oh Jan 2004

Gatekeeping, Peter B. Oh

Articles

Gatekeeping is a metaphor ubiquitous across disciplines and within fields of law. Generally, gatekeeping comprises an actor monitoring the quality of information, products, or services. Specific conceptions of gatekeeping functions have arisen independently within corporate and evidentiary law. Corporate gatekeeping entails deciding whether to grant or withhold support necessary for financial disclosure; evidentiary gatekeeping entails assessing whether expert knowledge is relevant and reliable for admissibility. This article is the first to identify substantive parallels between gatekeeping in these two contexts and to suggest their cross-treatment. Public corporate gatekeepers, like their judicial evidentiary analogues, should bear a duty of reliable monitoring.

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A Pattern-Oriented Approach To Fair Use, Michael J. Madison Jan 2004

A Pattern-Oriented Approach To Fair Use, Michael J. Madison

Articles

More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. This Article suggests that fair use is neither badly conceived nor badly applied, but that it is too often badly understood. As did much of copyright law, fair use originated as a judicially-unacknowledged effort via the law to validate certain favored social practices and patterns. In the main, it has continued …

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The Role Of Government In Corporate Governance, Cary Coglianese, Elizabeth K. Keating, Michael L. Michael, Thomas J. Healey Jan 2004

The Role Of Government In Corporate Governance, Cary Coglianese, Elizabeth K. Keating, Michael L. Michael, Thomas J. Healey

All Faculty Scholarship

Numerous corporate scandals in the past several years have fueled widespread debate over proposals for government action. The central challenge for government is how to restore corporate integrity and market confidence without overreacting and stifling the dynamism that underlies a strong economy. To examine this challenge, the Center for Business and Government's Regulatory Policy Program organized a conference in May 2004 on The Role of Government in Corporate Governance. The conference brought together government officials, business leaders, and academic researchers to discuss three fundamental public policy issues raised by recent corporate abuses. First, who should regulate corporate management - government …

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Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile Jan 2004

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

All Faculty Scholarship

The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …

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Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin Jan 2004

Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin

All Faculty Scholarship

No abstract provided.

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Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner Jan 2004

Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner

All Faculty Scholarship

This Article delves into issues surrounding the relationship between technology and the patent law. Responding to Dan Burk and Mark Lemley's earlier article, Is Patent Law Technology-Specific?, the piece notes that the basic question posed by Burk and Lemley's article is a relatively easy question given the several doctrines that explicitly link the subject matter context of an invention to the validity and scope of related patents. This sort of technological exceptionalism (which this Article refers to as micro-exceptionalism) is both observable and easily justifiable for a legal regime directed to technology policy. In contrast, Burk and Lemley's identification of, …

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Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo Jan 2004

Would Mandating Network Neutrality Help Or Hurt Broadband Competition? A Comment On The End-To-End Debate, Christopher S. Yoo

All Faculty Scholarship

No abstract provided.

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Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton Jan 2004

Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton

All Faculty Scholarship

The Sarbanes-Oxley Act and the Securities Exchange Commission move too quickly ·when they prod the Financial Accounting Standards Board, the standard setter for US GAAP, to move immediately to a principles-based system. Priorities respecting reform of corporate reporting in the US need to be ordered more carefully. Incentive problems impairing audit performance should be solved first through institutional reform insulating the audit from the negative impact of rent-seeking and solving adverse selection problems otherwise affecting audit practice. So long as auditor independence and management incentives respecting accounting treatments remain suspect. the US reporting system holds out no actor plausibly positioned …

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The Media Dichotomy Of Sports Heroes And Sport Celebrities: The Marketing Of Professional Women's Tennis Players, Joshua Shuart Jan 2004

The Media Dichotomy Of Sports Heroes And Sport Celebrities: The Marketing Of Professional Women's Tennis Players, Joshua Shuart

WCBT Faculty Publications

There is perhaps no better example of media created frenzy over heroism and celebrity than in the world of professional women’s tennis. Two of the most recognizable personalities, Venus Williams and Anna Kournikova, are known for very different reasons: Williams because of her on-court success and her rivalry with her sister Serena, Kournikova because of her on-court failures yet curiously strong endorsement success. Survey research was undertaken to examine perceptions of both women, to determine a) how society views them (as heroes or celebrities), and b) to determine their marketing worth, with regards to consumer intention to purchase an endorsed …

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Gender Bias In Internet Employment: A Study Of The Effects Of Career Advancement Opportunities For Women In The Field Of Itc, Andra Gumbus, Frances Grodzinsky Jan 2004

Gender Bias In Internet Employment: A Study Of The Effects Of Career Advancement Opportunities For Women In The Field Of Itc, Andra Gumbus, Frances Grodzinsky

WCBT Faculty Publications

Women as individuals experience subtle discrimination regarding career development opportunities as evidenced by research on the Glass Ceiling. This paper looks at the ramifications of technology, specifically the Internet, and how it affects women's career opportunities.

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Gaming Delaware, William W. Bratton Jan 2004

Gaming Delaware, William W. Bratton

All Faculty Scholarship

No abstract provided.

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The New Federal Regulation Of Corporate Governance, Jill E. Fisch Jan 2004

The New Federal Regulation Of Corporate Governance, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

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The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr. Jan 2004

The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.

All Faculty Scholarship

Chapter 11's distinctive post-petition financing rules trace their ancestry back to the origins of large scale corporate reorganization in America in the nineteenth century. In this sense, post-petition financing has always been with us. But in the past decade, the role of the financers has changed. After a century in the shadows, post-petition lenders have stepped onto center stage. The DIP loan agreement has become the single most important governance lever in many large Chapter 11 cases. Why have these formerly bashful financers suddenly started hogging the spotlight? I argue in this article that the generous terms offered to DIP …

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Corporate Anatomy Lessons, David A. Skeel Jr. Jan 2004

Corporate Anatomy Lessons, David A. Skeel Jr.

All Faculty Scholarship

The book that will lay the groundwork for the corporate law debates of the coming decade is The Anatomy of Corporate Law. Written by seven of the world's leading corporate law scholars - Henry Hansmann, Reinier Kraakman and Ed Rock of the U.S.; Paul Davies of England; Gerard Hertig of Switzerland; Klaus Hopt of Germany; and Hideki Kanda of Japan - The Anatomy of Corporate Law attempts to identify the underlying structure of corporate law, and to provide a framework for understanding the wide range of approaches that different countries take to corporate law regulation. It is hard to overstate …

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The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler Jan 2004

The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler

All Faculty Scholarship

Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …

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Employees, Pensions, And Governance In Chapter 11, David A. Skeel Jr. Jan 2004

Employees, Pensions, And Governance In Chapter 11, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

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Insuring Liability Risks, Tom Baker Jan 2004

Insuring Liability Risks, Tom Baker

All Faculty Scholarship

Recent dramatic increases in prices for medical liability insurance, directors and officers insurance, and other lines of commercial liability insurance, together with the exit of some insurers from those lines of business, has placed liability insurance on the public agenda. At the same time, asbestos and environmental losses continue to mount under general liability insurance policies sold long ago, when no one could have predicted the extent or cost of such losses. In combination, these and other related events have raised serious concerns about the insurability of liability risks and have prompted calls for dramatic efforts to roll back the …

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Viscors: A Visual-Content Recommender For The Mobile Web, Chan Young Kim, Jae Kyu Lee, Yoon Ho Cho, Deok Hwan Kim Jan 2004

Viscors: A Visual-Content Recommender For The Mobile Web, Chan Young Kim, Jae Kyu Lee, Yoon Ho Cho, Deok Hwan Kim

Research Collection School Of Computing and Information Systems

Current search methods for mobile-Web content can be frustrating to use. To shorten searches for cell phone wallpaper images, VISCORS combines collaborative filtering with content-based image retrieval. An increasing selection of content is becoming available in the mobile-Web environment, where users navigate the Web using wireless devices such as cell phones and PDAs. The fast growth and excellent prospects of the mobile-Web content market have attracted many content providers.

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