Law Commons^™

‘Concentration Camps For Lost And Stolen Pets’: Stan Wayman’S Life Photo Essay And The Animal Welfare Act, Bernard Unti

Bernard Unti, PhD

In the 1960s, LIFE was America's single most important general weekly magazine, its photo-essay formula catering to a middle class constituency of millions. By the halfway point of that tumultuous decade, readers were accustomed to seeing searing and unpleasant images of a changing nation, one racked by civil unrest and entangled in a bloody war in Southeast Asia. But when LIFE's February 4, 1966 issue landed on newsstands and in mailboxes across the United States, with the cover's warning "YOUR DOG IS IN CRUEL DANGER," tens of millions of readers became acquainted for the first time with another kind of …

The Class B Dealer: Down And Out?, Bernard Unti

Bernard Unti, PhD

The supply of dogs and cats to laboratories by Class B animal dealers has been a contentious matter for decades. The subject engenders heated debate whenever it surfaces, most recently in September 2005 when Senator Daniel Akaka (D-HI) proposed an amendment to the FY 2006 agriculture funding bill to withhold federal monies to research institutions that purchase animals from Class B dealers.

Can Wealth Taxes Be Justified, Eric Rakowski

Eric Rakowski

No abstract provided.

The Perversity Of Sexual-Harassment Law: Effects Of Recent Court Rulings, David Sherwyn, Michael C. Sturman, Zev J. Eigen, Michael Heise, Jenn Walwyn

Michael Heise

The outcome of 109 motions for summary judgment filed since June 1998, in which employers argued that a hostile-environment case should be dismissed because the employer satisfied, as a matter of law, the affirmative defense are analyzed. The examination of these cases provides the opportunity to test past conjecture and describe how courts have implemented the Ellerh and Faragher rulings. It is found that employers are still able to prevail in summary-judgment motions. With evidence showing that employers can satisfy the affirmative defense, each of the three areas that commentators have suggested should have prevented such success is examined. What …

Lawyers And Fools: Lawyer-Directors In Public Corporations, Lubomir P. Litov, Simone M. Sepe, Charles K. Whitehead

Charles K Whitehead

The accepted wisdom—that a lawyer who becomes a corporate director has a fool for a client—is outdated. The benefits of lawyer-directors in today’s world significantly outweigh the costs. Beyond monitoring, they help manage litigation and regulation, as well as structure compensation to align CEO and shareholder interests. The results have been an average 9.5% increase in firm value and an almost doubling in the percentage of public companies with lawyer-directors. This Article is the first to analyze the rise of lawyer-directors. It makes a variety of other empirical contributions, each of which is statistically significant and large in magnitude. First, …

On The Nature Of Corporations, Lynn A. Stout

Lynn A. Stout

Legal experts traditionally distinguish corporations from unincorporated business forms by focusing on corporate characteristics like limited shareholder liability, centralized management, perpetual life, and free transferability of shares. While such approaches have value, this essay argues that the nature of the corporation can be better understood by focusing on a fifth, often-overlooked, characteristic of corporations: their capacity to "lock in" equity investors' initial capital contributions by making it far more difficult for those investors to subsequently withdraw assets from the firm. Like a tar pit, a corporation is much easier for equity investors to get into, than to get out of. …

Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout

Lynn A. Stout

This Article evaluates two possible explanations for why shareholders of public corporations tolerate board control of corporate assets and outputs: the widely accepted monitoring hypothesis, which posits that shareholders rely on boards primarily to control the "agency costs" associated with turning day-to-day control over the firm over to self-interested corporate executives, and the mediating hypothesis, which posits that shareholders also seek to "tie their own hands" by ceding control to directors as a means of attracting the extracontractual, firm-specific investments of such stakeholder groups as executives, creditors, and rank-and- file employees. Part I reviews each hypothesis and concludes that each …

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Peter J. Titlebaum

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community. Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

Patent Demands And Initial Public Offerings, Robin C. Feldman, Evan Frondorf

Robin C Feldman

Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley

Robin C Feldman

A Brief Review Of New Threats And Countermeasures In Digital Crime And Cyber Terrorism, Maurice Dawson

Maurice Dawson

Cyber security is becoming the cornerstone of national security policies in many countries around the world as it is an interest to many stakeholders, including utilities, regulators, energy markets, government entities, and even those that wish to exploit the cyber infrastructure. Cyber warfare is quickly becoming the method of warfare and the tool of military strategists. Additionally, it is has become a tool for governments to aid or exploit for their own personal benefits. For cyber terrorists there has been an overwhelmingly abundance of new tools and technologies available that have allowed criminal acts to occur virtually anywhere in the …

Food Loss And Waste In The European Union: A New Challenge For The Food Law?, Luis González Vaqué

Luis González Vaqué

Food is lost or wasted throughout the supply chain, from initial agricultural production down to final household consumption. In the European Union (EU) food is to a significant extent wasted at the consumption stage, meaning that it is discarded even if it is still suitable for human consumption. Significant losses also occur early in the food supply chains. In low-income countries food is lost mostly during the early and middle stages of the food supply chain; much less food is wasted at the consumer level. The article highlights the losses occurring along the entire food chain, and makes assessments of …

The Impact Of The Future Trade Secrets Directive On The Food Sector, Luis González Vaqué, Isabel Segura Roda

Luis González Vaqué

Proposal for a Directive of the European Parliament and of the Council on the protection of undisclosed know-how [COM(2013) 813 final de 28 November 2013]. We have explicitly chosen to analyse the proposal’s impact because, with regard to food production, we consider that careful consideration must be given to the extent to which the proposal affects areas such as information about food composition, the functioning of rapid alert systems, methods of traceability, the application of the precautionary principle, and different means of document access. We also believe it is important to acknowledge the intangible nature of the know-how used in …

Food Legislation: The “Teekanne” Case Of 4 June 2015, Luis González Vaqué, Sara Aparicio Hill, Sebastián Romero Melchor

Luis González Vaqué

Articles 2(1)(a)(i) and 3(1)(2) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, must be interpreted as precluding the labelling of a foodstuff and methods used for the labelling from giving the impression, by means of the appearance, description or pictorial representation of a particular ingredient, that that ingredient is present, even though it is not …

En El Do De La Unión Europea: Registro De Denominaciones De Origen Protegidas, Indicaciones Geográficas Protegidas, Etc. [2015/2], Luis González Vaqué, Cristina Vidreras Pérez

Luis González Vaqué

No abstract provided.

Secrets D'Affaires: L'Urgente Nécessité D'Adopter Une Directive Face A L'Inefficacité De L'Application De L'Accord Sur Les Adpic, Luis González Vaqué

Luis González Vaqué

In November 2013, the Commission proposed a draft directive that will align existing laws against the misappropriation of trade secrets across the EU.

The relevant laws of some Member States do not provide for a legal definition of what a trade secret is. The existing remedies available are also inconsistent, and at times ineffective.

The proposal harmonises the definition of trade secrets in accordance with existing internationally binding standards. It also defines the relevant forms of misappropriation and clarifies that reverse engineering and parallel innovation must be guaranteed, given that trade secrets are not a form of exclusive intellectual property …

Lemons On The Edge Of The Internet: The Importance Of Transparency For Broadband Network Quality, Reza Rajabiun, Catherine Middleton

Reza Rajabiun

Network performance measurements from OECD countries between 2007 and 2012 document a significant increase in the variability of broadband infrastructure quality, which helps explain growing demand for technologies and policies that counteract information asymmetries between network operators and end users. A cross-country analysis documents the negative association between quality uncertainty and variations in digital infrastructure quality. The analysis suggests public policies and business models that promote market transparency can enhance the efficiency of the broadband access market on the edge of the internet and stimulate incentives for the diffusion of next generation platforms.