Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (25)
- St. Mary's University (22)
- New York Law School (16)
- The Peter A. Allard School of Law (10)
- University of Michigan Law School (10)
-
- University of Richmond (7)
- American University Washington College of Law (6)
- UIC School of Law (6)
- University of California, Irvine School of Law (4)
- Pace University (3)
- University at Buffalo School of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Barry University School of Law (2)
- University of Miami Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of San Diego (2)
- Brigham Young University Law School (1)
- Cleveland State University (1)
- Georgia State University College of Law (1)
- University of Denver (1)
- University of New Mexico (1)
- University of Pennsylvania Carey Law School (1)
- University of South Carolina (1)
- University of the District of Columbia School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- St. Mary’s University School of Law (20)
- Corporate Law (17)
- Corporations (17)
- Investment (17)
- Public Corporations (17)
-
- Coase (16)
- Theory of the Firm (16)
- St. Mary’s Law Journal (11)
- St. Mary’s Journal on Legal Malpractice & Ethics (8)
- Washington (8)
- Criminal Justice (7)
- Racial Bias (7)
- Task Force (7)
- Task Force on Race and the Criminal Justice System (7)
- Settlement (5)
- Copyright (4)
- Due process (4)
- Human rights (4)
- Internet (4)
- Prosecutor (4)
- Bias (3)
- Children (3)
- Criminal (3)
- Equality (3)
- Ethics (3)
- Family (3)
- Google Books (3)
- Liability (3)
- Orphan work (3)
- Police (3)
- Publication
-
- Seattle University Law Review (25)
- NYLS Law Review (16)
- St. Mary's Law Journal (14)
- Canadian Journal of Family Law (10)
- St. Mary's Journal on Legal Malpractice & Ethics (8)
-
- University of Richmond Law Review (7)
- Michigan Law Review (6)
- UIC Law Review (5)
- Sustainable Development Law & Policy (4)
- UC Irvine Law Review (4)
- Pace Law Review (3)
- University of Arkansas at Little Rock Law Review (3)
- Buffalo Public Interest Law Journal (2)
- Environmental and Earth Law Journal (EELJ) (2)
- Michigan Journal of Race and Law (2)
- Nevada Law Journal (2)
- San Diego International Law Journal (2)
- American University International Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Buffalo Human Rights Law Review (1)
- Cleveland State Law Review (1)
- Georgia State University Law Review (1)
- Human Rights & Human Welfare (1)
- Legislation and Policy Brief (1)
- Michigan Journal of Gender & Law (1)
- Michigan Law Review First Impressions (1)
- South Carolina Journal of International Law and Business (1)
- UIC Review of Intellectual Property Law (1)
- University of Miami Business Law Review (1)
- University of Miami Law Review (1)
Articles 1 - 30 of 132
Full-Text Articles in Law
Issue 1: Annual Survey 2011 Table Of Contents
Issue 1: Annual Survey 2011 Table Of Contents
University of Richmond Law Review
No abstract provided.
Corporate And Business Law, Laurence V. Parker
Corporate And Business Law, Laurence V. Parker
University of Richmond Law Review
In the 2011 session, the Virginia General Assembly passed House Bill 2358, Benefit Corporations, to be codified as article 22 (the "Benefit Corporations Article") of the Virginia Stock Corporation Act ("VSCA"). The Benefit Corporations Article is largely based on legislation prepared in other states and allows a Virginia corporation to elect in its articles of incorporation to be treated as a "benefit corporation." These for-profit corporations are required to pursue not only profitability but also a general public benefit and, if one so elects, one or more specific public benefits. In Section II of this article, the author discusses the …
Taking Interdependence And Production More Seriously: Toward Mutual Rationality And A More Useful Law And Economics, Kenneth M. Casebeer, Charles J. Whalen
Taking Interdependence And Production More Seriously: Toward Mutual Rationality And A More Useful Law And Economics, Kenneth M. Casebeer, Charles J. Whalen
University of Miami Law Review
No abstract provided.
The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Russell G. Pearce, Eli Wald
The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Russell G. Pearce, Eli Wald
University of Arkansas at Little Rock Law Review
No abstract provided.
No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant
No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant
University of Arkansas at Little Rock Law Review
No abstract provided.
Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons
Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons
Environmental and Earth Law Journal (EELJ)
Earth Jurisprudence and Lockean Theory
Abstract by Traci Lynne Timmons
Thomas Berry, father of the Earth Jurisprudence movement, called for re-examining human-Earth relations. Earth Jurisprudence aspires to promote a greater respect for nature and all living things on Earth, aiming to intertwine Earth’s natural law with the body of law that governs humanity. This paper explores Earth Jurisprudence as an alternative to the property regime in the United States. It examines the fundamental principles of property ownership, frequently attributed to the philosophy of John Locke, but digs deeper into these “Lockean” roots to reveal important caveats to Locke’s general principles …
Anti-Sprawl Initiatives: How Complete Is The Convergence Of Environmental, Desegregationist And Fair Housing Interests?, Zoë Prebble
Buffalo Public Interest Law Journal
No abstract provided.
Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley
Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley
Buffalo Public Interest Law Journal
No abstract provided.
"Catch-22": The Role Of Development Institutions In Promoting Gender Equality In Land Law – Lessons Learned In Post-Conflict Pluralist Africa, Amrita Kapur
Buffalo Human Rights Law Review
This article explores the contours of development policies as they have been applied to pluralistic legal systems, with a specific focus on their effects on women in post-conflict African countries. Drawing on research that firmly establishes the importance of women's social, economic and political participation in post-conflict development, it identifies the flaws in gender-neutral land titling initiatives introduced and encouraged by development institutions. It then describes the gender-sensitive laws enacted as a response to continuing gender discriminatory practices in Rwanda, Mozambique and Uganda. While taking into account the existence of customary law, these laws explicitly affirm women's rights with respect …
The Peace: The Meaning And Production Of Law In The Post-Revolutionary United States, Laura F. Edwards
The Peace: The Meaning And Production Of Law In The Post-Revolutionary United States, Laura F. Edwards
UC Irvine Law Review
No abstract provided.
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
UC Irvine Law Review
No abstract provided.
Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon
Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon
UC Irvine Law Review
No abstract provided.
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Michigan Journal of Race and Law
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …
Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart
Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart
Nevada Law Journal
No abstract provided.
Law As Claim To Justice: Legal History And Legal Speech Acts, Marianne Constable
Law As Claim To Justice: Legal History And Legal Speech Acts, Marianne Constable
UC Irvine Law Review
No abstract provided.
Looking Backward From The Year 2099: Ecozoic Reflections On The Future, Samuel Alexander
Looking Backward From The Year 2099: Ecozoic Reflections On The Future, Samuel Alexander
Environmental and Earth Law Journal (EELJ)
Looking Backward from the Year 2099: Ecozoic Reflections on the Future
Abstract by Samuel Alexander
Story, myth, and narrative played a central role in Thomas Berry’s writings. He told new stories about the Universe and our place in it, stories not only about where we have been and where we seem to be going, but also stories about where we could go, if only we exercised our freedom in different ways. Inspired by Berry, in this paper I have dared to experiment with story, by attempting to look back on the 21st century from the vantage point of the year …
Indecency, A La Carte, And The Fcc's Approval Of The Sirius Xm Satellite Radio Merger: How The Fcc Indirectly Regulated Indecent Content On Satellite Radio At The Expense Of The "Public Interest", Elizabeth A. Pike
University of Miami Business Law Review
No abstract provided.
The High Price Of Misguided Legislation: Nevada's Need For Practical Sex Offender Laws, Stephanie Buntin
The High Price Of Misguided Legislation: Nevada's Need For Practical Sex Offender Laws, Stephanie Buntin
Nevada Law Journal
No abstract provided.
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
The Future Of Socialism, Robert Paul Wolff
The Future Of Socialism, Robert Paul Wolff
Seattle University Law Review
An unpromising title, this, in the seventh year of the third millennium of the Common Era; rather like “Recent Developments in Ptolemaic Astronomy” or “Betamax—a Technology Whose Time Has Come.” My grandfather’s dream, the faith of my younger days, has turned to ashes. And yet, I remain persuaded that Karl Marx has something important to teach us about the world in which we live today. In what follows, I propose to take as my text a famous statement from Marx’s A Contribution to the Critique of Political Economy1—a sort of preliminary sketch of Das Kapital2—and see what it can tell …
Hired To Invent Vs. Work Made For Hire: Resolving The Inconsistency Among Rights Of Corporate Personhood, Authorship, And Inventorship, Sean M. O'Connor
Hired To Invent Vs. Work Made For Hire: Resolving The Inconsistency Among Rights Of Corporate Personhood, Authorship, And Inventorship, Sean M. O'Connor
Seattle University Law Review
Corporations have long held core aspects of legal personhood, such as rights to own and divest property and to sue and be sued. U.S. copyright law allows corporations to be authors while U.S. patent law does not allow them to be inventors. To be sure, both copyright law and patent law allow corporations to own copyrights and patents as assignees. But only copyright law, through its work-made-for-hire doctrine, provides for the nonnatural person of the corporation to “be” the author in an almost metaphysical sense. Under patent law, the natural-person inventors must always be listed in the patent documents, even …
The Post-Revolutionary Period In Corporate Law: Returning To The Theory Of The Firm, Matthew T. Bodie
The Post-Revolutionary Period In Corporate Law: Returning To The Theory Of The Firm, Matthew T. Bodie
Seattle University Law Review
The consensus on corporate law theory has narrowed the field’s doctrinal and methodological foci. Although the vibrancy of shareholder primacy has at times been called into question as a matter of law, both boardrooms and courts have taken the normative call for shareholder wealth maximization increasingly to heart. There is little doubt that the revolution has not only substantially affected legal theory but also legislation, court decisions, and corporate behavior. It achieved a level of success unusual for an academic discipline; it not only transformed the field but also the world. We now find ourselves in the post-revolutionary period. For …
Salomon Redux: The Moralities Of Business, Allan C. Hutchinson, Ian Langlois
Salomon Redux: The Moralities Of Business, Allan C. Hutchinson, Ian Langlois
Seattle University Law Review
In this Essay, we revisit the Salomon case and its related litigation not only from a legal standpoint but also from a broader moral perspective. 4 In the second Part, we offer a detailed context for and account of the Salomon litigation. The third Part focuses on the historical roots of the corporation and the judicial arguments in Salomon. In the fourth Part, we explore the moral and legal consequences of the Salomon decision. Throughout the Essay, our ambition will be not only to give the Salomon case a more contextual and richer spin but also to tackle the relationship …
The Citizen Shareholder: Modernizing The Agency Paradigm To Reflect How And Why A Majority Of Americans Invest In The Market, Anne Tucker
Seattle University Law Review
This Article examines corporate law from the perspective of personal investment and discusses the economic realities of modern investments in order to understand the role of shareholders within the agency paradigm. Corporate law, its scholars, and suggested reforms traditionally focus on the internal organization of the corporation. For example, agency principles inform corporate law by acknowledging a potential conflict of interest between the managers and shareholders of a corporation. Reforms such as increased shareholder voting rights and proxy access, which seek to give shareholders a more direct means to make their interests known to managers, illustrate corporate law’s focus on …
A Shallow Harbor And A Cold Horizon: The Deceptive Promise Of Modern Agency Law For The Theory Of The Firm, David A. Westbrook
A Shallow Harbor And A Cold Horizon: The Deceptive Promise Of Modern Agency Law For The Theory Of The Firm, David A. Westbrook
Seattle University Law Review
Modern agency law—the consensual agreement of one person to work for and under the control of another—has been widely used to provide a general framework for understanding a great deal of business law. Agency law concepts can be used to frame pedagogical, scholarly, institutional, and even political discourses. In so doing, modern agency law addresses concerns about the institution of the corporation, generally by reference to contract: institutions are created out of essentially consensual, and hence justifiable, relationships among autonomous individuals. So modern agency law is more than a “theory” of the firm in the narrow sense of theory; modern …
Consumer Lock-In And The Theory Of The Firm, David G. Yosifon
Consumer Lock-In And The Theory Of The Firm, David G. Yosifon
Seattle University Law Review
The advent of the modern corporation separated not only ownership from control but also production from consumption. The agency problem that arose between owners and managers of firms also emerged between producers and consumers. Just as corporations needed to lock-in capital to sustain large-scale operations, so too did they need to lock-in consumers to justify and reduce the risks of asset-specific investment. Large corporate operations succeeded because they solved both the capital and consumer lock-in challenges. This Article explores ways in which modern consumers, like shareholders, can find themselves in a very real sense locked into the corporations with which …
We Don’T Need You Anymore: Corporate Social Responsibilities, Executive Class Interests, And Solving Mizruchi And Hirschman’S Paradox, Richard Marens
We Don’T Need You Anymore: Corporate Social Responsibilities, Executive Class Interests, And Solving Mizruchi And Hirschman’S Paradox, Richard Marens
Seattle University Law Review
Previously, Northern Italian, Dutch, and then English entrepreneurs had dominated global trade in turn, and when after a century or so their respective hegemonies began to show cracks, each group refocused its efforts in the service of tapping already-accumulated wealth through financial speculation and, in the process, also financed the rise of their successors.20 If Dahrendorf was correct, and American capital was managed during the era of American industrial dominance by “a class of career bureaucrats, whose primary loyalty lay with their employer rather than with a class of property owners,”21 there are good reasons to believe that that has …
The Evolution Of The American Corporation And Global Organizational Biodiversity, Ugo Pagano
The Evolution Of The American Corporation And Global Organizational Biodiversity, Ugo Pagano
Seattle University Law Review
The Evolution of the Modern Corporate Structure has been one of the most influential chapters of The Modern Corporation & Private Property. But Berle and Means’s superb analysis is framed in the American context and cannot be easily generalized to other experiences. Their corporate model arose in a democratic country where “production engineers” commanded more respect than financiers and capitalist dynasties. Other countries followed different organizational paths, characterized by different institutional complementarities between labor and financial markets that generated “concentrated equilibria” different from the American “dispersed equilibrium.” This Article argues that the divide can be traced to the different aristocratic …
Theories Of The Firm And Judicial Uncertainty, Andrew S. Gold
Theories Of The Firm And Judicial Uncertainty, Andrew S. Gold
Seattle University Law Review
There is no necessary connection between academics’ theories of the firm and judicial theories of the firm. Economists and legal scholars may adopt one theory of the firm, and courts may adopt another. We might even predict this result. Judges are not economists, and as increasingly sophisticated theories of the firm emerge in the academic literature, judges are not well-positioned to keep pace with the evolving accounts. Indeed, judges may reasonably choose to adopt no theory at all. Given these premises, this Essay explores the relationship between academically developed theories of the firm and corporate legal doctrine. Legal scholars who …
Nevada And The Market For Corporate Law, Bruce H. Kobayashi, Larry E. Ribstein
Nevada And The Market For Corporate Law, Bruce H. Kobayashi, Larry E. Ribstein
Seattle University Law Review
Berle and Means’s view that managers rather than shareholders control our largest corporations finds important expression in William Cary’s famous article arguing that managers have led shareholders on a “race to the bottom” whose finish line is Delaware. These views, in turn, support supplanting state corporation law with federal regulation of corporate governance. Concerns about a race to the bottom lately focus on Nevada, which seeks to be Delaware’s first real competitor for out-of-state firms in the national incorporation market. Evidence suggests that Nevada’s strategy is to raise tax revenues by offering a significantly laxer corporate law than Delaware. We …