Law Commons^™

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

All Faculty Scholarship

This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.

The New Dividend Puzzle, William W. Bratton

All Faculty Scholarship

No abstract provided.

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

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The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …

Unfinished Business: The Fading Promise Of Ada Enforcement In The Federal Courts Under Title I And Its Impact On The Poor, Louis S. Rulli, Jason A. Leckerman

All Faculty Scholarship

No abstract provided.

How Do Corporations Play Politics? The Fedex Story, Jill E. Fisch

All Faculty Scholarship

Corporate political activity has been the subject of federal regulation since 1907, and the restrictions on corporate campaign contributions and other political expenditures continue to increase. Most recently, Congress banned soft money donations in the Bipartisan Campaign Reform Act of 2002 ("BCRA"), a ban upheld by the Supreme Court in McConnell v. FEC. Significantly, although the omnibus BCRA clearly was not directed exclusively at corporations, the Supreme Court began its lengthy opinion in McConnell by referencing and endorsing the efforts of Elihu Root, more than a century ago, to prohibit corporate political contributions. Repeatedly, within the broad context of campaign …

Corporate Shaming Revisited: An Essay For Bill Klein, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax

All Faculty Scholarship

No abstract provided.

The Community Dimension Of State Child Protection, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.

Institutional Competition To Regulate Corporations: A Comment On Macey, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Law, Ethics And Mystery, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Protestant Revolutions And Western Law, William Ewald

All Faculty Scholarship

No abstract provided.

Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Stephen Choi, Jill E. Fisch, A. C. Pritchard

All Faculty Scholarship

When Congress enacted the Private Securities Litigation Reform Act in 1995 (“PSLRA”), the Act’s “lead plaintiff” provision was the centerpiece of its efforts to increase investor control over securities fraud class actions. The lead plaintiff provision alters the balance of power between investors and class counsel by creating a presumption that the investor with the largest financial stake in the case will serve as lead plaintiff. The lead plaintiff then chooses class counsel and, at least in theory, negotiates the terms of counsel’s compensation.

Congress’s stated purpose in enacting the lead plaintiff provision was to encourage institutional investors—pension funds, mutual …

The Academic Tournament Over Executive Compensation, William W. Bratton

All Faculty Scholarship

No abstract provided.

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

All Faculty Scholarship

No abstract provided.

Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

International Legal Pluralism, William W. Burke-White

All Faculty Scholarship

No abstract provided.