Law Commons^™

Contract Law’S Transferability Bias, Paul Macmahon

Indiana Law Journal

When A makes a contract with B, it comes as no surprise that she is liable to B. If B can transfer her contractual rights to C, A is now liable to C. Parties in A’s position often have strong reasons to avoid being liable to suit by C. Contract law, however, seems determined to minimize and override these concerns. Under current doctrine on the assignment of contractual rights—the focus of this Article—the law often imposes its own preference for transferability on the parties. The law generally assumes that contractual rights are assignable, construes exceptions to that general rule narrowly, …

The Grip Of Nationalism On Corporate Law, Mariana Pargendler

Indiana Law Journal

Part I provides a brief overview of the relationship between corporate law and nationalism and demonstrates their interaction in the historical experiences of several key jurisdictions. These vignettes are merely illustrative, but they indicate how deep the link between nationalism and corporate law can be. Part II summarizes the evidence on the economic effects of foreign corporate control, showing that it is ultimately inconclusive. Part III explains why corporate law can be an attractive instrument to accomplish nationalist objectives and explores the possible regulatory responses to this phenomenon. Part IV analyzes the implications of these findings for future developments in …

Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd

Indiana Journal of Constitutional Design

In the pursuit of better policy, many nations have turned to Impact Assessments as a potential solution. However, in order to make Impact Assessments as effective and impactful as possible, governments must think critically about which body should write Impact Assessments and what should go into these documents. In this Paper, I survey different Impact Assessment structures and the various government bodies formed to draft or review them. After completing this survey, I conclude that presidential and parliamentary systems should form their Impact Assessment offices differently in order to complement their differing governmental structures. While presidential systems would be best …

The Viability Of Enterprise Jurisdiction: A Case Study Of The Big Four Accounting Firms, Hannah L. Buxbaum

Articles by Maurer Faculty

One of the boundaries that U.S. courts must observe as they adjudicate regulatory disputes is the limit on their own jurisdictional authority -authority that is measured at the level of the particular forum state. Confronting the expansion of U.S. business activity from the local to the national scale during the second half of the twentieth century, courts consciously broadened jurisdictional standards to address the expanded activities of nationwide corporate groups. Today, by contrast, as the economy continues to expand from the national to the transnational scale, the U.S. Supreme Court has begun a retrenchment. In cases decided during the past …

Owning Stock While Making Law: An Agency Problem And A Fiduciary Solution, Donna M. Nagy

Articles by Maurer Faculty

No abstract provided.

Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa

Articles by Maurer Faculty

Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and …

Fundamental Reform In Public Safety Communications Policy, Jon M. Peha

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

The communications systems used by first responders in the U.S. are inadequate, primarily because of outdated and ineffective public policy. Fundamental reform is needed, and the upcoming digital TV transition provides an outstanding opportunity. This Article describes options available to policymakers, if they act soon.

Sending Out An S.O.S.: Public Safety Communications Interoperability As A Collective Action Problem, Jerry Brito

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

Lack of public safety communications interoperability is the result of what economist Mancur Olson called a collective action problem. In this case, the collective action problem that first responders face is caused by the federal policy of allocating and assigning public safety spectrum in a way that segregates first responders to their own bands and ultimately Balkanizes their radio systems. This Article shows that market forces can be employed to solve collective action problems, and it surveys several successful commercial interoperable …

Solving The Interoperability Problem: Are We On The Same Channel? An Essay On The Problems And Prospects For Public Safety Radio, Gerald R. Faulhaber

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

A number of disasters over the last two decades have demonstrated the dire consequences that occur when first responders are unable to communicate due to interoperability of their communications equipment. Each such disaster is followed by a strong reaction from the Federal government, promising immediate action, often with plans to deploy the latest technology. In fact, nothing has ever actually happened at the Federal level to solve first responders' interoperability problem. As I show using a case study from Delaware, states …

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

To change the culture and realities of public safety communications, this Article calls on policymakers to develop a new architecture for the use of information and communications technologies and provide a framework for leadership to transition to a next generation system for public safety communications. Such a culture change would include not only an embrace of new technologies, but a new framework for technology leadership--at the state or regional level-that spurs decision making in a coordinated fashion (and not through ad …

Rethinking Reform Of The Fcc: A Reply To Randolph May, Russ Taylor

Federal Communications Law Journal

This brief Article responds to Randolph May's article, Recent Developments in Administrative Law-The FCC's Tumultuous Year in 2003: An Essay on an Opportunity for Institutional Agency Reform, 56 Admin. L. Rev. 1307 (2004). Taylor disputes May's anecdotal evidence that the FCC's poor handling of the Triennial Review and the media ownership proceedings are symptomatic of a broad agency inefficiency that should be remedied by drastically cutting the size of the FCC and placing it under the exclusive control of the executive branch to ensure electoral accountability. Taylor argues that while these suggestions may have value, such a rush to action …

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield

Articles by Maurer Faculty

No abstract provided.

Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser

Federal Communications Law Journal

Congress drafted the Freedom of Information Act to ensure that the public would always be able to keep track of the events happening behind governmental agency doors. In an age of privatization of governmental services in the name of efficiency, the Act needs to be adapted to ensure that its original purpose remains sound. Thus far, courts have not kept pace with this purpose by interpreting agency and agency record under the Act too narrowly. This may very well result in government secrecy as services are farmed out to entities not covered under the Act. This Article analyzes the various …

Scope Of Employment Extended To Sponsored Recreation

Indiana Law Journal

Recent Cases: Agency

Election Between Undisclosed Principal And Agent

Indiana Law Journal

Recent Cases: Agency

Commandeered Servant Not In The Scope Of Employment

Indiana Law Journal

Notes and Comments: Agency

Master And Servant-Assault And Battery

Indiana Law Journal

Recent Case Notes

Agency-Master And Servant-Term Of Contract When No Definite Time Is Specified

Indiana Law Journal

No abstract provided.

Book Review. Cases On Business Organization By R. Magill And R. P. Hamilton, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Principal And Agent-Distinguished From Similar Relationships

Indiana Law Journal

No abstract provided.

Principal And Agent-Authority-Creation And Relationship

Indiana Law Journal

No abstract provided.

Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.

Principal And Agent-Principal's Liability For Unauthorized Acts Of Agent

Indiana Law Journal

Recent Case Notes

The Rationale Of Agency, Warren A. Seavey

Articles by Maurer Faculty

No abstract provided.

Liability Of An Agent In Tort, Warren A. Seavey

Articles by Maurer Faculty

No abstract provided.

Notice Through An Agent, Warren A. Seavey

Articles by Maurer Faculty

No abstract provided.

A Treatise On The Law Of Agency In Contract And Tort, George L. Reinhard

Articles by Maurer Faculty

No abstract provided.