Law Commons^™

The Uncorporation And The Unraveling Of 'Nexus Of Contracts' Theory, Grant M. Hayden, Matthew T. Bodie

All Faculty Scholarship

This is a review of The Rise of the Uncorporation, by Larry E. Ribstein (Oxford University Press 2010). The Rise of the Uncorporation gives a compelling account of the increasing reliance on business forms other than the corporation. These new organizational forms - such as limited liability companies, limited liability partnerships, partnerships, and the like - give businesses greater freedom to structure themselves in ways that best facilitate their particular needs. And this, according to Ribstein, is an unqualified good, for it allows firms to operate more efficiently than if they were forced to assume an intensely regulated form.

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Nascar Green: The Problem Of Sustainability In Corporations And Corporate Law, Matthew T. Bodie

All Faculty Scholarship

The concept of "sustainability" is, at root, about a commitment to considering the future of the planet in our everyday affairs. In the corporate law context, supporters of sustainability seek to integrate these long-term environmental and social concerns into the corporation's DNA. This article seeks to explore sustainability as a corporate law concept by looking at the sustainability efforts of NASCAR and its affiliated firms. NASCAR has undertaken a series of "green" initiatives, most notably in the promotion of alternative fuels. These sustainability efforts are facilitated, in part, by the unusual structure of NASCAR and the sport of stock-car racing. …

Beyond The Tide: Beginning Admiralty With The Steamboat Magnolia, Joel K. Goldstein

All Faculty Scholarship

Admiralty is potentially one of the richest subjects in the law school curriculum. This claim may be received skeptically by those who have neither taught nor taken the course. Yet my experience as a student in, and teacher of, the course confirms my belief that Admiralty holds that promise, especially if it is presented not simply as a vehicle to train the relatively few who hope to become maritime lawyers, but as an opportunity for students with different aspirations to explore some of the most interesting issues in law. As a crosscutting course, Admiralty offers a chance to integrate materials …

What's In A Name? - The Tale Of Louis Wolfson's Affirmed, Alan M. Weinberger

All Faculty Scholarship

Why would someone choose to name a thoroughbred racehorse "Affirmed" after his conviction for federal securities laws violations had been affirmed on appeal? This inquiry is the basis for exploring the enigmatic life and spectacular career of Louis E. Wolfson, owner and breeder of the last winner of horse racing's Triple Crown.

Perhaps best known as the central figure in the scandal that resulted in the forced resignation of Supreme Court Justice Abe Fortas, Wolfson left a sizable footprint on corporate legal history. He has been described as the original corporate raider, the inventor of the market for corporate control …

Shotguns,Weddings, And Lunch Counters: Why Cultural Frames Matter To Constitutional Law, Anders Walker

All Faculty Scholarship

Though most constitutional scholars celebrate the civil rights movement, few have asked whether and to what extent the movement relates to current efforts of constitutional reform. Yet, the rise of direct action in the 1960s marked a bold realignment of the collective action, social movement frames of the civil rights struggle, a movement that has direct relevance to current constitutional battles, particularly over marriage and guns. As this Article will show, both the constitutional challenge to gun bans in Illinois and the constitutional challenge to California’s same-sex marriage ban have dealt with issues of frame alignment similar to those confronted …

Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo

All Faculty Scholarship

This piece is an invitation to consider health care reform as a political shift in our thinking about the barriers and inequalities experienced by people with disabilities in our health care system. Traditionally, when these issues have been addressed, the predominant approach has been through a civil rights framework, specifically the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990 (ADA). Now, the Patient Protection and Affordable Care Act of 2010 (PPACA) offers a new approach. This essay will outline the barriers to health and health care experienced by people with disabilities, drawing upon my ongoing research …

Downstream Copyright Infringers, Yvette Joy Liebesman

All Faculty Scholarship

The advent of on-line music sales has been a boon to the recording industry as well as for musicians and the general public. Previously unknown artists have found new avenues to showcase their work, and consumers have easy access to an enormous variety of musical genres.

Yet an unintended consequence of the ability to sell songs through internet downloads is a novel, and until now, unnoticed way to infringe on copyrights - which, unless remedied, could lead to new classes of defendants never contemplated or desired to be ensnared in the Copyright Act’s protections for artists, musicians and authors. Unlike …

Of Courage, Tumult, And The Smash Mouth Truth, Michael C. Duff

All Faculty Scholarship

In this paper I argue that no labor movement is possible until workers understand and accept the inevitability of labor-management conflict. I support my contention drawing broadly on history surrounding the New Deal and on my own experiences as a union organizer and labor lawyer.

Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson

All Faculty Scholarship

Every year, law-makers and agency regulators, with the input of industry experts and scientists, make hundreds of decisions about how to regulate conduct and allocate resources to address various types of risks that threaten the well-being of American citizens. In fact, managing and minimizing risk is one of the most important tasks of today’s policy-makers. In spite of this fact, most actions are taken without systematic consideration of the preferences of the very people whose welfare is at stake. There are two reasons for this. First, the dominance of Traditional Risk Analysis, with its emphasis on statistics and cost-benefit analysis, …

Blow The Whistle At Your Own Risk: Erisa’S Retaliation Provision And The Dilemma Of The “Unsolicited Internal Complaint”, Michael C. Ross

Saint Louis University Law Journal

No abstract provided.

Hats Off To Them: Muslim Women Stand Against Workplace Religious Discrimination In Geo Group, Nathan K. Bader

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Teaching Admiralty Requires Dismissing Important Subjects, Martin J. Davies

Saint Louis University Law Journal

No abstract provided.

Teaching And Learning The Law Of Boats, Robert Anderson Iv

Saint Louis University Law Journal

No abstract provided.

Guilty Pleasures Of Teaching Admiralty, David J. Bederman

Saint Louis University Law Journal

No abstract provided.

Beyond The Tide: Beginning Admiralty With The Steamboat Magnolia, Joel K. Goldstein

Saint Louis University Law Journal

No abstract provided.

Our High Court Of Admiralty And Its Sometimes Peculiar Relationship With Congress, David W. Robertson

Saint Louis University Law Journal

No abstract provided.

Getting The “Story” Out: Teaching Admiralty At The University Of Washington, Craig H. Allen

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Teaching Admiralty As A Part Time Job, Edward V. Cattell Jr.

Saint Louis University Law Journal

No abstract provided.

Teaching Maritime Law: Reflections Of A Near Lifetime, Frank L. Maraist

Saint Louis University Law Journal

No abstract provided.

Teaching Admiralty, Thomas C. Galligan Jr.

Saint Louis University Law Journal

No abstract provided.

Why Admiralty Should Be Studied In Law School, Neal W. Settergren

Saint Louis University Law Journal

No abstract provided.

The Joy Of Teaching Admiralty, Steven F. Friedell

Saint Louis University Law Journal

No abstract provided.

Raise High The Silver Oar! Teaching Admiralty Law, John D. Kimball

Saint Louis University Law Journal

No abstract provided.

From The Border To The Bench: The Barriers To Freedom For Victims Of Domestic Violence Seeking Asylum In The United States And Why A Favorable Decision In The Case Of R-A- Is Necessary But Not Sufficient Protection For Future Claimants, Chelsea M. Peter

Saint Louis University Law Journal

No abstract provided.

Ordering Chaos At Sea: Preparing For Somali Pirate Attacks Through Pragmatic Insurance Policies, Laura L. Hardy

Saint Louis University Law Journal

No abstract provided.

Should Foreign Sales Exhaust U.S. Patent Rights Post Quanta?, John R. Schroeder

Saint Louis University Law Journal

No abstract provided.

Devising A Legislative Solution To The Reverse Payment Dilemma: How Congress Can Balance Competition, Innovation, And The Public Policy Favoring The Settlement Of Disputes Without Litigation, Timothy A. Weil

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.