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Full-Text Articles in Law
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
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No abstract provided.
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax
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No abstract provided.
The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch
The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch
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Recent federal court decisions have struggled to apply the Supreme Court's decision in Central Bank v. First Interstate to determine when outside professionals should be held liable as primary violators under section IO(b) of the Securities Exchange Act. In keeping with the Court's current interpretive methodology, Central Bank and its progeny employ a textualist approach. In this Article, Professor Fisch argues that literal textualism is an inappropriate approach for interpreting the federal securities laws generally and misguided in light of legislative developments post-dating the Central Bank decision. Instead, Professor Fisch advocates an approach that weighs Congress 's recent endorsement of …
Discrimination As Accident, Amy L. Wax
Discrimination As Accident, Amy L. Wax
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This Article seeks to examine how the law should respond to unconscious or automatic forms of cognitive bias that are thought to produce less favorable treatment of employees in the workplace because of race or sex ("unconscious disparate treatment"). Assuming that inadvertent bias is a form of workplace "accident," and using familiar principles of accident law and economic analysis, the Article concludes that extending the framework created by existing anti-discrimination laws to cover disparate treatment that stems from unconscious group-based biases is not a good idea because it is unlikely to serve the principal goals of a liability scheme (deterrence, …