Law Commons^™

U.S. Insider Trading Law Enforcement: Survey Of Sec Actions From 2009 To 2013 And Issues, Chien-Chung Lin, Eric Hung

Chien-Chung Lin

This article discusses the SEC’s insider trading enforcement actions from 2009 to 2013. With an introduction of the current procedures and regulatory tools available, this article provides a thorough survey on the insider trading cases found from SEC’s official website, related databases and litigation releases in the corresponding period and compiles the results in appendices. In doing so, we present a first-hand, detailed picture of insider trading law in the United States and its enforcement. The data also relates to several much debated theoretical issues in this area, including the merit of punishing insider trading activities, the efficacy of current …

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

If You Think Law Schools Teach Students To "Think Like A Lawyer"...Think Again!, Douglas Rush

Douglas Rush

Law school faculty and deans purport to teach law students to “think like a lawyer.” Indeed, this phrase has been repeated so often that it has become legal pedagogical dogma. Professor Wegner, co-author of the Carnegie Report Educating Lawyers: Preparation for the Profession of Law, has stated that “thinking like a lawyer” has been embraced as a ”trope of the core identity” of the legal academy. Unfortunately, whether law schools truly teach their students to “think like a lawyer” has not been previously subjected to empirical analysis.

This article is an empirical examination using logistic regression analysis of two different …

If You Think Law Schools Teach Students To "Think Like A Lawyer"...Think Again!, Douglas Rush

Douglas Rush

Law school faculty and deans purport to teach law students to “think like a lawyer.” Indeed, this phrase has been repeated so often that it has become legal pedagogical dogma. Professor Wegner, co-author of the Carnegie Report Educating Lawyers: Preparation for the Profession of Law, has stated that “thinking like a lawyer” has been embraced as a ”trope of the core identity” of the legal academy. Unfortunately, whether law schools truly teach their students to “think like a lawyer” has not been previously subjected to empirical analysis.

This article is an empirical examination using logistic regression analysis of two different …

Is Chapter 15 Universalist Or Territorialist? Empirical Evidence From United States Bankruptcy Court Cases, Jeremy Leong

Jeremy Leong

No abstract provided.

Legal Reading And Success In Law School: Law Students With Attention Deficit Disorder (Add), Leah M. Christensen

Leah M Christensen

The new reality in legal education is that a certain percentage of our students will come to us with ADD or with another learning disability, either disclosed or undisclosed. Yet there has been little empirical research on how law students with learning disabilities read and understand the law. This study examined how three law students with ADD read a judicial opinion. The results suggested a relationship between successful law school performance and the use of problematizing and rhetorical reading strategies; and less successful law school performance and the use of default reading strategies. Further, the results suggest that law students …

Judging By The Numbers: An Empirical Study Of The Power Of Story, Kenneth D. Chestek

Kenneth D. Chestek

The recent debate about whether “empathy” is a desirable trait in Supreme Court Justices begs a more fundamental question: are appellate court judges in fact persuaded by appeals to pathos? This article attempts to answer that question by reporting the results of an empirical study the author conducted that investigates whether narrative reasoning, or “stories,” are persuasive to appellate judges. It is the first rigorous study to ever confront this issue directly. The article first describes how the author wrote four test briefs, two on each side of a hypothetical lawsuit. One brief on each side was written as a …

Predicting Law School Success: A Study Of Goal Orientations, Academic Achievement And The Declining Self-Efficacy Of Our Law Students, Leah M. Christensen

Leah M Christensen

This study asked 157 law students to respond to a survey about their learning goals and motivations for learning in law school. The student responses were correlated to different academic variables, including class rank, LSAT scores, undergraduate GPA. Further, the study explored whether any relationships existed between goal orientations (mastery or performance) and law school success (class rank). The results were illuminating: despite the performance-based curriculum of law school, the most successful students were mastery oriented learners. In contrast, there was no statistical correlation between performance-oriented learning and law school success. Further, the LSAT score was the weakest predictor of …

The Trademark Trap, Aneta Ferguson

Aneta Ferguson

The currently existing scheme of two filing systems for recordation of security interests in trademarks causes a lot of legal uncertainty and numerous problems for lenders and trademark owners. The uncertainty about the rules of perfection and priorities increases costs associated with financing transactions involving trademarks and contributes to the complexity of those transactions. The empirical study of the security interests in trademarks shows that fifteen percent of creditors failed to fulfill the requirements of the currently existing dual filing system and as a consequence are left in a position of unsecured creditors. Legislative reform is very urgently needed in …

Legal Construct Validation: Expanding Empirical Legal Scholarship To Unobservable Concepts, David S. Goldman

David S Goldman

This article proposes a system with which to empirically study unobservable legal concepts. Although empirical legal scholarship is becoming an increasingly important component of legal studies, its usefulness has so far been confined to topics that are directly observable, such as court decisions or crime rates. This limitation has unfortunately prevented the study of many of law’s foundational concepts, such as deterrence, incentives, or freedom, because they are not directly measurable. But this obstacle can be overcome by looking to social sciences, particularly psychology, that have developed mechanisms for assessing concepts like happiness or depression that cannot be directly measured. …