Law Commons^™

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

The Quickly--Evolving Tax Filing Status For Same-Gender Couples, John Treu

John S. Treu

Discusses the evolving law regarding federal income tax filing status for same-gender couples.

Loving: Who Can The Irs Regulate?, Robert D. Probasco

Robert Probasco

The Nexus Between Governance Infrastructure And The Ease Of Doing Business In Africa, Research In International Trade

Research in International Trade

Shareholder Primacy In The Classroom After The Financial Crisis, David Millon

David K. Millon

No abstract provided.

Solidarity And Rights: Two To Tango: A Response To Joseph A. Mccartin, Lance Compa

Lance A Compa

[Excerpt] Thanks to Joseph McCartin for advancing this debate with an insightful critique of the workers’-rights-as-human-rights framework and for his generous treatment of the series of Human Rights Watch reports in which I had a hand. McCartin so fairly presents the human rights case, even while disagreeing with it, that it’s hard to respond without simply borrowing from his framing of my own views. But I’ll try.

Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee

Robert Rhee

This discussion presents different ideas on how to teach accounting and practical finance to law students.

Foreword, Robert J. Rhee

Robert Rhee

No abstract provided.

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A More Realistic Approach To Directors' Duties, Michelle M. Harner

Michelle M. Harner

Expectations for what fiduciary duties can achieve in the corporate context are unrealistic. This segment of the law—and the alleged deficiencies therein—are blamed for corporate scandals, securities fraud, failed business plans, and even a company's insolvency. Risk is, however, inherent in business, and human beings are flawed. Fiduciary duty law cannot change these basic facts. To the extent we think it can, we will continue to be disappointed and frustrated. This essay considers recasting (and to a greater extent codifying) directors’ duties in a positive frame to help foster better director oversight. It does not suggest that codifying greater clarity …

Open Data As A Foundation For Innovation: The Enabling Effect Of Free Public Sector Information For Entrepreneurs, Erik Lakomaa, Jan Kallberg

Jan Kallberg

Public open data access has a direct impact on future IT entrepreneurs' perception of ability to execute their business plans. Using high quality (50%–98% response rate) survey data from 138 Swedish IT-entrepreneurs, we find that access to public open data is considered very important for many IT-startups; 43% find open data essential for the realization of their business plan and 82% claim that access would support and strengthen the business plan. The survey also indicates a significant interest in, and willingness to pay for, public sector information data from companies that do not intend to commercialize data themselves but intend …

Restoring Transparency To Automated Authority, Frank Pasquale

Frank A. Pasquale

Leading finance, health care, and internet firms shroud key operations in secrecy. Our markets, research, and life online are increasingly mediated by institutions that suffer serious transparency deficits. When a private entity grows important enough, it should be subject to transparency requirements that reflect its centrality. The increasing intertwining of governmental, business, and academic entities should provide some leverage for public-spirited appropriators and policymakers to insist on more general openness. However well an "invisible hand" coordinates economic activity generally, markets depend on reliable information about the practices of core firms that finance, rank, and rate entities in the rest of …

The Conflict Of Interest Inherent In A Corporation Paying For Its Employee’S Counsel: A Better Model For Preventing And Addressing Corporate Crime, Josephine Sandler Nelson

J.S. Nelson

Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll

Jeffrey M. Colon

Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …

Pharmaceutical Public-Private Partnerships In The United States And Europe: Moving From The Bench To The Bedside, Constance E. Bagley, Christina D. Tvarno

Constance E. Bagley

Both to address unmet medical needs and to improve industry competitiveness, regulators in both the United States and the European Union have taken bold steps to translate academic research from the university lab to the patient. A pharmaceutical public-private partnership (PPPP), which is a legally binding contract between a private pharmaceutical enterprise and a public research university (or a private university doing research funded with public funds), can be a significant tool to ensure a more efficient payoff in the highly regulated world of pharmaceuticals. In particular, a properly framed binding contract, coupled with respect for positive social norms, can …

Strategic Effects Of Three-Part Tariffs Under Oligopoly, Yong Chao

Yong Chao

The distinct element of a three-part tariff, compared with linear pricing or a two-part tariff, is its quantity target within which the marginal price is zero. This quantity target instrument enriches the firm's strategy set in dictating the competition to a specific level, even in the absence of usual price discrimination motive. With general differentiated linear demand system, the competitive effect of a three-part tariff in contrast to linear pricing depends on the degree of substitutability between products: competition is intensified when two products are more differentiated, yet softened when two products are more substitutable.

The Spectrum Handbook 2013, J. Armand Musey Cfa

J. Armand Musey, CFA

This Handbook has three objectives: 1) to serve as a primer for explaining the complex issues around the use of electromagnetic spectrum; 2) to analyze, from both an economic and a legal perspective, the regulatory processes being considered or underway to reallocate or change the use of spectrum bands and; 3) to be a reference source for industry professionals. Part I of the Handbook provides an overview of the spectrum and the regulatory process. Part II of the Handbook explains the various available spectrum bands, discussing their range, location, and physical properties and how these impact their ability to be …

Myanmar: Need To Invest Responsibly, Mahdev Mohan, Salil Tripathi, Lan Shiow Tsai

Mahdev Mohan

No abstract provided.

Securing Human Rights In Business, Mahdev Mohan, Delphia Lim

Mahdev Mohan

No abstract provided.

Land Grabs Still Plague Myanmar And Cambodia, Mahdev Mohan, Vani Sathisan

Mahdev Mohan

No abstract provided.

Labor Market Data Needs Relating To Antidiscrimination Activity: Comment, Ronald Ehrenberg

Ronald G. Ehrenberg

[Excerpt] Barbara Bergmann's background paper divides data needs in the antidiscrimination area into data that would be useful in the formulation of national policy and data that would be useful as an aid in enforcing the laws and executive orders against discrimination. Although the former are likely to be of greatest concern to the commission, she has performed a valuable service by discussing these interrelated needs in one place. I find much to agree with, and very little to disagree with or question, in her paper. The presentation is, in the main, an objective one and she tempers her desire …

Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on …

Bringing Unions Back In: Labour And Left Governments In Latin America, Maria Lorena Cook, Joseph C. Bazler

Maria Lorena Cook

In the 2000s an unprecedented wave of left-party victories in presidential elections swept across Latin America. Although scholars have studied variation among left regimes and how these regimes differ from neoliberal-era predecessors, few have addressed the role of labour unions and labour policy under the Left. We argue that ‘bringing unions back in’ to the analysis of left governments’ performance sharpens distinctions with neoliberal governments and unsettles existing typologies. We review the labour policies of left governments in four countries—Chile, Brazil, Uruguay, and Argentina—to show how a labour lens enriches our understanding of left governments in the region.

Organization, Mandate, Performance: Pacs In The Asian Region, Riccardo Pelizzo, Sruti Bandyopadhyay

Riccardo Pelizzo

the paper investigates the organization, the mandate and the performance of public accounts committees in Asia. The evidence presented here can easily be summarized in the following terms: PACs from Asia are bigger, better staffed and more likely to be chaired by an opposition MP than PACs in the rest of the world. These three characteristics are offset by the fact that in Asian PACs opposition parties are not represented nearly as well as they are in the rest of the world. In terms of mandate, PACs in Asia have on average a much wider mandate than they do elsewhere. …

Corporate Culture And Erm, Michelle M. Harner

Michelle M. Harner

The attitudes and actions of those viewed as leaders within a company (commonly referred to as “tone at the top”) help to define corporate culture and are critical to implementing a successful enterprise risk management (ERM) program. This paper explores the challenges and benefits of creating a risk-aware corporate culture, including the potential legal implications for boards of directors.

Public Accounts Committees In The Pacific Region, Riccardo Pelizzo

Riccardo Pelizzo

the paper analyzes the organization, the powers, the functioning and the performance of Public Account Committees in the Pacific region. In doing so the paper highlights some of the factors have contributed to making PACs from the Pacific island states work effectively.

Enhancing The Attractiveness Of Research To Female Faculty, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] CSWEP has long been concerned about the underrepresentation of women in faculty positions at major research universities. I have been charged by the committee with enumerating a set of policies that might enhance the attractiveness of research universities to female faculty. After presenting some data that suggest the magnitude of the underrepresentation problem, I do so below. In each case, I sketch the pros and cons of the policy. Although the focus is on increasing the attractiveness of research universities to female faculty, many of the policies would increase the attractiveness of academic careers per se to new female …

A Diagnosis Of Inherent Problems In Enhancing Service Quality Through Internal Marketing And Organizational Identification In Macau And Singapore Casinos, Sudhir Kale, Sangita De

Sudhir H. Kale

With spectacular growth in demand since opening the market to foreign competition, executives within the Macau casino industry have focused their attention on enhancing capacity and opening new casino properties. Meanwhile, the Singapore casino market, barely two years old, has already produced revenues comparable to the Las Vegas Strip. Despite stellar past successes, the long-term scenario for the casino industry in both Macau and Singapore could spell trouble. Specifically, service quality stands to suffer because operators have not devoted adequate thought to their service culture and internal marketing strategy. With overall capacity in Asia slated to increase significantly in the …

Crm In Gaming: It's No Crapshoot!, Sudhir H. Kale

Sudhir H. Kale

CRM, or Customer Relationship Management, though slightly more than a decade old, has become the management craze of the 21st century. Yet, managerial understanding of what CRM is, what it does, how to implement it, and the grounds for success or failure in CRM implementation, seem far from crystallized. This paper looks at why so many CRM endeavors fail, and proceeds to discuss issues critical to CRM's success. CRM projects in casinos will have a higher chance of success if CRM is viewed as a business philosophy and becomes a part of the corporate culture. Appropriate customer strategy, organizational transformation, …

Change Management: Antecedents And Consequences In Casino Crm, Sudhir H. Kale

Sudhir H. Kale

Customer Relationship Management (CRM) continues to attract increasing attention within the casino industry. While the vital role of change management in making CRM projects successful has been acknowledged for quite some time, there is little in extant literature to explain the nature and conduct of change management in the CRM context. This article posits that relevant change management is a prerequisite for successful implementation of a casino's CRM. Change management involves five key initiatives: selling change internally, creating an appropriate infrastructure for change management, CRM-relevant training, a reconfiguration of the organization structure and performance assessment measures, and recasting existing incentive …