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Full-Text Articles in Law

Single-Firm Event Studies, Securities Fraud, And Financial Crisis: Problems Of Inference, Andrew Baker May 2016

Single-Firm Event Studies, Securities Fraud, And Financial Crisis: Problems Of Inference, Andrew Baker

Andrew Baker

Lawsuits brought pursuant to section 10(b) of the Securities and Exchange Actdepend on the reliability of a statistical tool called an event study to adjudicate issues ofreliance, materiality, loss causation, and damages. Although judicial acceptance of theevent study technique is pervasive, there has been little empirical analysis of the ability ofevent studies to produce reliable results when applied to a single company’s security.
Using data from the recent financial crisis, this Note demonstrates that the standardmodelevent study used in most court proceedings can lead to biased inferences sanctionedthrough the Daubert standard of admissibility for expert testimony. In particular ...


3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom Apr 2016

3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom

Evan R. Youngstrom

Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must ...


Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty Dec 2015

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount ...


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle ...


The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons Nov 2015

The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons

Kaiya Amelia Lyons

No abstract provided.


Guidelines For Physician-Assisted Suicide, Raphael Cohen-Almagor Oct 2015

Guidelines For Physician-Assisted Suicide, Raphael Cohen-Almagor

raphael cohen-almagor

This paper proposes a set of guidelines for physician-assisted suicide (PAS). This set of guidelines integrates pertinent guidelines that were adopted in Oregon, where physician-assisted suicide is legal, in the Netherlands and Belgium where euthanasia is legal, in Switzerland where assisted suicide is practiced, and in the Northern Territory of Australia, where physician-assisted suicide was legal for a short period of time.


Guidelines For Physician-Assisted Suicide, Raphael Cohen-Almagor Oct 2015

Guidelines For Physician-Assisted Suicide, Raphael Cohen-Almagor

raphael cohen-almagor

This paper proposes a set of guidelines for physician-assisted suicide (PAS). This set of guidelines integrates pertinent guidelines that were adopted in Oregon, where physician-assisted suicide is legal, in the Netherlands and Belgium where euthanasia is legal, in Switzerland where assisted suicide is practiced, and in the Northern Territory of Australia, where physician-assisted suicide was legal for a short period of time.


Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy Oct 2015

Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy

Daniel A Monroy C

No abstract provided.


Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio Sep 2015

Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio

Giancarlo Francesco Frosio

In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British and French ...


The Law And Economics Of Consumer Debt Collection And Its Regulation, Todd J. Zywicki Sep 2015

The Law And Economics Of Consumer Debt Collection And Its Regulation, Todd J. Zywicki

Todd J. Zywicki

This article reviews the law and economics of consumer debt collection and its regulation a topic that has taken on added urgency in light of the announcement by the Consumer Financial Protection Bureau that it is considering new regulations on the subject. Although stricter regulation of permissible debt collection practices can benefit those consumers who are in default and increase demand for credit by consumers, overly-restrictive regulation will result in higher interest rates and less access to credit for consumers, especially higher-risk consumers. Regulation of particular practices may also have the unintended consequence of providing incentives for creditors to more ...


Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel Sep 2015

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using ...


Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii Aug 2015

Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii

George A Nation III

A large and growing group of insured patients is being unfairly burdened by hospitals’ exorbitant chargemaster prices. The burden is brought to bear on these patients through a process known as balance billing. For a variety of reasons hospital networks are becoming narrower as hospital systems contract with fewer insurers, and as a result, more and more patients are receiving balance bills. The practice of balance billing puts upward pressure on health care prices in general. That is, this practice leads to higher prices across the board for the uninsured, the out-of-network insured and even the in-network insured. This article ...


After Citizens United: Extending The Liberal Revolution To The Multinational Corporation, Daniel J.H. Greenwood Aug 2015

After Citizens United: Extending The Liberal Revolution To The Multinational Corporation, Daniel J.H. Greenwood

Daniel J.H. Greenwood

This Article proposes several routes to reverse Citizens United, the Supreme Court case holding that corporate campaign spending is “speech” protected by the First Amendment.

The core problem of Citizens United is that corporations are illegitimate participants in our politics. Corporate law requires corporate officers to pursue the corporate interest. They are thus disqualified from considering the central political questions of a democratic capitalist country: defining the rules of the market (which define corporate interests) and balancing profit against other, more important, values.

The high road to fixing Citizens United is a constitutional amendment to extend the fundamental insights of ...


Constructos Teóricos En Economía Común Informática, Rodrigo Lopez-Pablos Aug 2015

Constructos Teóricos En Economía Común Informática, Rodrigo Lopez-Pablos

Lopez-Pablos, Rodrigo

Repasando elementos de economía comunitaria, solidaría y de la información, se construyen abstracciones teóricas fundamentales en una proto-explicación del rol de la información y el tiempo en la explicación del hecho económico digital y convencional. Infoagregadamente, se sitúa a la emisión informacional como expresión ontológica micro y macroinformática individual y colectiva del ser: el aseguramiento de la infodiversidad civilizatoria generacional; luego, se argumenta sobre la falacia filosófica computacional cognoscitiva detrás de una presunción teórica conceptual equivocada en el estudio y aplicación de lógicas artificiales: su potencial real para la generación de conocimiento híbrido y la creación de conocimiento sin precedentes ...


Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, Sang Yop Kang Aug 2015

Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, Sang Yop Kang

Sang Yop Kang

Professor Mark Roe explained that the shareholder wealth maximization norm (“the norm”) is not fit for a country with a (quasi) monopoly, because the norm encourages managers to maximize monopoly rents, to the detriment of the national economy. This Article provides new findings and counter-intuitive arguments as to the tension created by the norm and (quasi) monopoly by exploring three key corporate governance concepts that Roe did not examine—(1) “controlling minority structure” (CMS), where dominant shareholders hold a fractional ownership in their controlled-corporations, (2) “tunneling” (i.e., illicit transfer of corporate wealth to controlling shareholders), and (3) Chinese state-owned ...


Neither Savior Nor Bogeyman: What Waits Behind The Door Of Third-Party Litigation Financing?, Jeremy Kidd Aug 2015

Neither Savior Nor Bogeyman: What Waits Behind The Door Of Third-Party Litigation Financing?, Jeremy Kidd

Jeremy Kidd

The arguments for and against third-party litigation financing are based on incorrect assumptions regarding the impacts on total litigation. A formal model incorporating the choices of plaintiff, lawyer, and financier shows only minimal impact on total litigation, largely positive. However, after addressing the potential for long-term, strategic behavior by financiers, it is obvious that some dangers remain. Divorced from the dramatic claims of proponents and opponents, litigation financing is merely a tool that can be used for good or bad, and differentiating by types of claims and the incentives of the parties allows that tool to be appropriately used.


“To Promote The General Welfare” Addressing Political Corruption In America, Bruce M. Owen Aug 2015

“To Promote The General Welfare” Addressing Political Corruption In America, Bruce M. Owen

Bruce Owen

Systemic (but lawful) political corruption reduces well-being and equity in America. Madisonian democracy is no longer capable of containing such corruption. Proposals currently on the table to stem corruption are unlikely to be effective and tend to undermine basic rights. This essay describes a new approach—regulating the output of corrupted legislative and administrative processes, rather than the inputs. Providing for substantive ex post review of direct and delegated legislation would be far more protective of the “general welfare” of the People than other reforms, while no more or less difficult to implement. Supporting an umpire proposal may be a ...


Revealing The Rapist Next Door: Property Impacts Of A Sex Offender Registry, Susan Yeh Aug 2015

Revealing The Rapist Next Door: Property Impacts Of A Sex Offender Registry, Susan Yeh

Susan Yeh

How do homebuyers respond to perceived crime risks about sex offenders in the neighborhood? I evaluate local property and crime responses to Internet sex offender registry listings. Among more permanent listings, a nearby offender depresses house prices by up to 4 percentage points. I document that the majority of registered sex offenders are transient, with durations of less than 6 months at an address. While a growing literature suggests that housing stability is important in reducing criminal behavior, the market perceives heightened crime risks to be attached to the listings of registered offenders with more stable housing, but not to ...


Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr. Aug 2015

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.

Valencia T Johnson

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers ...


Is Google & People?, Sajjad Khaksari Jul 2015

Is Google & People?, Sajjad Khaksari

SAJJAD KHAKSARI

"Google Advertisement Strategy" strictly dominated the "Searching Ranks Results". On the other hand, 70% of the United State population and 90% of European use to used Google as their "Favorite Search Engine".
People use Google but the Google thanks to its "Famous Google Algorithm" offers them the arrangement of links that is consciously favored before by "Google Ad. Engine". In addition, unfortunately Google has many traps to bind, copy and save almost all the information from the users.


Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor Jul 2015

Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor

raphael cohen-almagor

This book focuses on the tension between Free Speech fundamentalism and Social Responsibility at the individual, corporate, and nation-state level. It brings an international perspective to the central topics (child pornography, hate speech, suicidal and homicidal enablers, cybercrime and terrorism). The central philosophical argument of this book is the Promotional Approach, which the author sees as a kind of Golden Mean between Ronald Dworkin and Joseph Raz. The book utilizes the Aristotelian doctrine of the mean to endorse the kind of practical wisdom required to make choices between freedom and security, unlimited license and moral responsibility. It argues that this ...


Closing The Door To Lost Earnings Under The National Childhood Vaccine Injury Act Of 1986, Aaron M. Levin Jun 2015

Closing The Door To Lost Earnings Under The National Childhood Vaccine Injury Act Of 1986, Aaron M. Levin

Aaron M Levin

After a wave of lawsuits against vaccine manufacturers hindered the profitability and production of life-saving vaccines, Congress enacted The National Childhood Vaccine Injury Act of 1986. The Act offers an incentive for individuals to get vaccinated in order to mitigate the population’s exposure to disease, while encouraging the continued production of these serums by pharmaceutical companies. Although imperfect, the Vaccine Act fosters promise in filtering out frivolous claims and provides a central route for due process to the individuals who suffer from a vaccine-related injury. By removing a potential state tort issue to the Federal Circuit, Congress created a ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez Jun 2015

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont Jun 2015

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


The Equity Beta Of Telcos Operating In Small Island Nations, Bruno E. Viani Jun 2015

The Equity Beta Of Telcos Operating In Small Island Nations, Bruno E. Viani

Bruno E. Viani

Analysts often use the capital assets pricing model (CAPM) to estimate the cost of equity capital. A key parameter in estimating that cost is the so-called equity beta. Estimates of equity betas for telecommunications firms, or telcos, in small island nations are not readily available, so analysts often rely on estimated equity betas from larger firms in jurisdictions with much larger markets. Doing so may introduce significant errors if the equity risk premium for telcos in large markets differs significantly from those in small markets. In this research note we explore this hypothesis. We find that the equity betas of ...


The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee May 2015

The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee

Huhnkie Lee

No abstract provided.


A Lei Das Cotas Em Concursos Da Administração Pública Federal, Prof. Dr. Eloi Martins Senhoras May 2015

A Lei Das Cotas Em Concursos Da Administração Pública Federal, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.


The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez Apr 2015

The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez

Christopher McElwain

Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies ...


Debates Sobre A Discriminação Positiva Na Lei Das Cotas Em Concursos Públicos, Prof. Dr. Eloi Martins Senhoras Apr 2015

Debates Sobre A Discriminação Positiva Na Lei Das Cotas Em Concursos Públicos, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.


En El Juego De La Designación De Ministros, El Presidente Siempre Gana, Javier Martín Reyes Apr 2015

En El Juego De La Designación De Ministros, El Presidente Siempre Gana, Javier Martín Reyes

Javier Martín Reyes

In the Supreme Court Appointment Game, the President Always Wins