Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (20)
- Georgetown University Law Center (18)
- Selected Works (13)
- Western Michigan University (11)
- Brigham Young University Law School (7)
-
- SelectedWorks (6)
- University of New Hampshire (5)
- Santa Clara University (4)
- University of the Pacific (4)
- Department of Primary Industries and Regional Development, Western Australia (3)
- University of Massachusetts Boston (3)
- University of Pittsburgh School of Law (3)
- Air Force Institute of Technology (2)
- American University in Cairo (1)
- Butler University (1)
- Chapman University (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Georgia State University College of Law (1)
- Osgoode Hall Law School of York University (1)
- Rowan University (1)
- Santa Clara Law (1)
- Singapore Management University (1)
- The University of Maine (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Central Florida (1)
- University of Georgia School of Law (1)
- West Chester University (1)
- Keyword
-
- Flexible work arrangements (12)
- Workplace flexibility (12)
- Corporations (5)
- Data (5)
- California (4)
-
- Extended time off (4)
- Periodicals. (4)
- Periodicals. Universities and colleges (4)
- Santa Clara (4)
- Santa Clara University (4)
- Securities Law (4)
- Statistics (4)
- Foreign laws (3)
- NBA (3)
- Regulation (3)
- Western Australia (3)
- Athletics (2)
- Confirmation bias (2)
- Contracts (2)
- Corporate law (2)
- Courts (2)
- Derecho alimentario (2)
- Employment (2)
- Faculty (2)
- Framing effect (2)
- Heuristics (2)
- Interaction (2)
- Law and Economics (2)
- NFL (2)
- Policies (2)
- Publication
-
- All Faculty Scholarship (20)
- Center for the Study of Ethics in Society Papers (10)
- Memos and Fact Sheets (7)
- Conferences, Panels, and Events (6)
- Charts and Summaries of State, U.S., and Foreign Laws and Regulations (5)
-
- Law Faculty Scholarship (4)
- McGeorge Law Review (4)
- Santa Clara Magazine (4)
- Articles (3)
- Brigham Young University International Law & Management Review (3)
- BYU Law Review (2)
- Bruno L. Costantini García (2)
- Dr. C. Keith Harrison (2)
- Faculty Scholarship (2)
- Fisheries management papers (2)
- Luis González Vaqué (2)
- Oscar T McKnight Ph.D. (2)
- Scholarly Works (2)
- Theses and Dissertations (2)
- Accounting Faculty Publications (1)
- Aje Vitalitas shop (1)
- All other publications (1)
- Archived Theses and Dissertations (1)
- Benedict Sheehy (1)
- Bureau of Labor Education (1)
- Case Studies Series, Institute for Community Inclusion (1)
- College of Management Working Papers and Reports (1)
- David A Hoffman (1)
- Eric A. Engle (1)
- Faculty Articles (1)
- Publication Type
Articles 91 - 117 of 117
Full-Text Articles in Law
State-By-State Guide To Unpaid, Job-Protected Extended Time Off Laws, Workplace Flexibility 2010, Georgetown University Law Center
State-By-State Guide To Unpaid, Job-Protected Extended Time Off Laws, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.
European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Osgoode Hall Law Journal
Three dynamics are coalescing to reshape labour relations in the twenty-first century in the United States: They are flexibilization, globalization, and privatization. Flexibilization refers to the changing work practices by which firms no longer use internal labour markets or implicitly promise employees lifetime job security, but rather seek flexible employment relations that permit them to increase or diminish their workforce, and reassign and redeploy employees with ease. Globalization refers to the increase in cross-border transactions in the production and marketing of goods and services that facilitates firm relocation to low labour cost countries. And privatization refers to the rise of …
Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett
Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett
All Faculty Scholarship
No abstract provided.
An Efficiency-Based Explanation For Current Corporate Reorganization Practice, Kenneth M. Ayotte, David A. Skeel Jr.
An Efficiency-Based Explanation For Current Corporate Reorganization Practice, Kenneth M. Ayotte, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
All Faculty Scholarship
This Article posits that the essential role of securities regulation is to create a competitive market for sophisticated professional investors and analysts (information traders). The Article advances two related theses-one descriptive and the other normative. Descriptively, the Article demonstrates that securities regulation is specifically designed to facilitate and protect the work of information traders. Securities regulation may be divided into three broad categories: (i) disclosure duties; (ii) restrictions on fraud and manipulation; and (iii) restrictions on insider trading-each of which contributes to the creation of a vibrant market for information traders. Disclosure duties reduce information traders' costs of searching and …
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
All Faculty Scholarship
In this Essay, Professor Burbank comments on the essays by Professors Nagareda and Issacharoff. Welcoming the opportunity to revisit the interplay between procedure and substantive law and the question of democratic accountability that Professor Nagareda’s essay presents, Professor Burbank concludes that the parts of that essay are greater than the whole. He finds that Professor Nagareda’s pursuit of unifying themes and a general normative theory leads to inconsistencies in classification between procedure and substance and to an impoverished vision of institutional legitimacy. Professor Burbank voices concern that this quest, which is also evident in the current draft of the American …
The Tuna Court: Law And Norms In The World's Premier Fish Market, Eric Feldman
The Tuna Court: Law And Norms In The World's Premier Fish Market, Eric Feldman
All Faculty Scholarship
Legal scholars have long emphasized the corrosive impact of conflict on long-term commercial and interpersonal relationships. To minimize the negative consequences of such conflict, members of close-knit groups who anticipate future interactions create ways of resolving their disputes with reference to internal group norms rather than relying on state-mandated legal rules. From farmers in California’s Shasta County to jewelers in midtown Manhattan and neighbors in Sanders County, the literature describes people who create norms of conflict management that are faster and less expensive than relying on formal law, and lessen the harm that conflict causes to their relationships. This article …
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms' environmental management. Synthesizing the results of a conference of leading scholars and …
Section 83(B) Election For Restricted Stock: A Joint Tax Perspective, Michael S. Knoll
Section 83(B) Election For Restricted Stock: A Joint Tax Perspective, Michael S. Knoll
All Faculty Scholarship
In the wake of the Financial Accounting Standard Board's decision to require firms that grant employee stock options (ESOs) to treat such options as an expense, many large and sophisticated firms are switching from ESOs to restricted stock. Restricted stock - stock granted to an employee as part of her compensation and subject to the condition that if she leaves the firm within a period of time (often 3 years) she forfeits the stock - appears to be on its way to becoming the dominant form of equity-based pay in the United States. Yet, in spite of its prominence, little …
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
The Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery
The Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
No abstract provided.
Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William W. Bratton
Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli
The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli
Scholarly Works
Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …
Labor Struggles, New Social Movements, And America's Favorite Pastime: New York Workers Take On New Era Cap Company, Victoria Carty
Labor Struggles, New Social Movements, And America's Favorite Pastime: New York Workers Take On New Era Cap Company, Victoria Carty
Sociology Faculty Articles and Research
Contemporary economic globalization, which is driven and regulated primarily by multinational corporations, has a direct impact on workers' lives. Trade agreements such as the North American Free Trade Agreement (NAFTA) tend to be controlled by corporate interests in the wealthy, industrialized nations. Those countries set the agenda to protect the interests of foreign investors and facilitate the mobility of capital, but they do little to protect the interests of labor. In response, workers in both the global North and South have been forced to rely on their own individual efforts to protect themselves against unfair labor practices. This article presents …
Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton
Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton
Articles
Computer software is somewhat of a problem child for intellectual property law. Courts and legislatures have struggled to encourage innovations in software development while, at the same time, attempting to avoid undesirable digital information monopolies. Neither the patent nor the copyright system has provided a particularly satisfactory paradigm for software protection. Although patents have received greater attention than copyrights in the software context (consider, for example, the recent BlackBerry case), copyright law arguably creates more insidious undercurrents in today's marketplace. This is partly because we have not yet appreciated the potential impact of recent developments in programming methodology and digital …
Tracing, Peter B. Oh
Tracing, Peter B. Oh
Articles
Tracing is a method that appears within multiple fields of law. Distinct conceptions of tracing, however, have arisen independently within securities and remedial law. In the securities context plaintiffs must trace their securities to a specific offering to pursue certain relief under the Securities Act of 1933. In the remedial context victims who trace their misappropriated value into a wrongdoer's hands can claim any derivative value, even if it has appreciated.
This article is the first to compare and then cross-apply tracing within these two contexts. Specifically, this article argues that securities law should adopt a version of the rules-based …
Unwrapping Racial Harassment Law, Pat K. Chew
Unwrapping Racial Harassment Law, Pat K. Chew
Articles
This article is based on a pioneering empirical study of racial harassment in the workplace in which we statistically analyze federal court opinions from 1976 to 2002. Part I offers an overview of racial harassment law and research, noting its common origin with and its close dependence upon sexual harassment legal jurisprudence. In order to put the study's analysis in context, Part I describes the dispute resolution process from which racial harassment cases arise.
Parts II and III present a clear picture of how racial harassment law has played out in the courts - who are the plaintiffs and defendants, …
The Ethics Of Computing In Pharmaceutical Research, Richard Mcgowan
The Ethics Of Computing In Pharmaceutical Research, Richard Mcgowan
Richard McGowan
Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the book or borrow it from a local library.
Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison
Dr. C. Keith Harrison
No abstract provided.
Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy
Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy
Benedict Sheehy
Abstract: Shareholders rights advocates argue that shareholders have the right to control the corporation. This article examines the basis for the claims. It begins with an analysis of rights, then moves to an analysis of legal rights, which is followed by an analysis of property rights as a species of legal rights. The article then examines the historical context, rationale and development of shareholder rights which leads to the analysis of current shareholders’ rights. The article concludes with some comments and suggestions concerning future development of corporate governance thinking.
Channeling Buzz Or Bucks? Ethical Implications For Marketing, Oscar T. Mcknight, Ronald Paugh, Vahn Knight
Channeling Buzz Or Bucks? Ethical Implications For Marketing, Oscar T. Mcknight, Ronald Paugh, Vahn Knight
Oscar T McKnight Ph.D.
Too often higher education officials equate successful enrollment management with determining the appropriate financial-aid package, assuming the student matriculates. However, there are competing theories as to why a student may be attracted to a particular college. Could it be the "buzz"? This study examines the relationship between buzz and bucks with respect to enrollment objectives. Research findings indicate that it is not an either-or proposition. Moreover, marketers are presented with an ethical responsibility to safeguard the public.
East Meets West, Or Vice-Versa: Exploring A Hybrid Pedagogical Approach To Global Instruction, Ronald Paugh, Oscar Mcknight, Jun Gong
East Meets West, Or Vice-Versa: Exploring A Hybrid Pedagogical Approach To Global Instruction, Ronald Paugh, Oscar Mcknight, Jun Gong
Oscar T McKnight Ph.D.
In an increasing multicultural classroom a Confucian-Socratic framework is used to highlight fundamental differences in learning approaches between Eastern and Western cultures. However, educators must also be aware of inherent similarities if best practices are to be gleaned and implemented with ingenuity in the classroom. Therefore, innovations and insights into the qualitative-quantitative continum of contemporary research are offered as an analogue to help build a hybrid model of global instruction. A new Mobius Model of Global Instruction is introduced that emphasizes a multicultural perspective
“El Derecho Alimentario De La Unión Europea: La Aplicación Del Principio De Precaución”, Luis González Vaqué
“El Derecho Alimentario De La Unión Europea: La Aplicación Del Principio De Precaución”, Luis González Vaqué
Luis González Vaqué
The precautionary principle enables rapid response in the face of a possible danger to human, animal or plant health, or to protect the environment. In particular, where scientific data do not permit a complete evaluation of the risk, recourse to this principle may, for example, be used to stop distribution or order withdrawal from the market of products likely to be hazardous.
El principio de precaución permite reaccionar rápidamente ante un posible peligro para la salud humana, animal o vegetal, o para proteger el medio ambiente. De hecho, en caso de que los datos científicos no permitan una determinación completa …
“Indicaciones Geográficas Y Denominaciones De Origen: Interpretación Y Aplicación Del 'Nuevo' Reglamento N° 510/2006”, Luis González Vaqué
“Indicaciones Geográficas Y Denominaciones De Origen: Interpretación Y Aplicación Del 'Nuevo' Reglamento N° 510/2006”, Luis González Vaqué
Luis González Vaqué
La estructura general del Reglamento n° 2081/92 no ha sido objeto de ningún cambio sustancial en virtud del Reglamento n° 510/2006, que, además, conserva y mantiene la misma ‘filosofía’ en relación con el sistema de protección de las denominaciones e indicaciones protegidas a nivel comunitario84. Probablemente, el éxito que ha supuesto la aplicación del Reglamento n° 2081/92 desde su entrada en vigor justifica ampliamente que la ‘reforma’ haya sido limitada y que no implique en ningún aspecto una ruptura. Las modificaciones más notables son las que resultan de la necesidad de adaptar el régimen comunitario en cuestión a las exigencias …
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Eric A. Engle
Examines the extraterritorial application of U.S. criminal law in the context of corporations.