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Articles 1 - 30 of 47
Full-Text Articles in Law
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Articles
How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Articles
No abstract provided.
Online Retailers' Tax-Free Lunches, George Mundstock
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice
Articles
No abstract provided.
Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri
Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri
Articles
No abstract provided.
Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice
Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice
Articles
Cultural property policy in the United States has become increasingly lawless, for lack of a better term. In recent years, the executive branch has aggressively restricted the movement of cultural property into the United States, but it has repeatedly done so without regard for constraining legal authority. The result is a troubling disjunction between the executive branch's (the "Executive") current cultural property policies and the existing legal framework established by Congress and the Judiciary. We document that disjunction in this Article.
We explain, for example, how the executive branch has recently repatriated an Egyptian sarcophagus and an antique French automobile …
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Articles
No abstract provided.
The Geometry Of Inside And Outside, David Abraham
The Geometry Of Inside And Outside, David Abraham
Articles
These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.
Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley
Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley
Articles
No abstract provided.
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer
Articles
No abstract provided.
The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky
The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky
Articles
No abstract provided.
Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland
Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland
Articles
Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's preclearance requirements. …
Taking The Business Out Of Work Product, Michele M. Destefano Beardslee
Taking The Business Out Of Work Product, Michele M. Destefano Beardslee
Articles
Over the past fifteen years, a common set of questions has surfaced in different areas of scholarship about the breadth of the corporate attorney's role: Should the corporate attorney provide business advice when providing legal advice? Should the corporate attorney provide counsel related to other disciplines such as public relations, social responsibility, morals, accounting, and/or investment banking? Should the corporate attorney prevent corporate wrongdoing? Questions like these resound in the scholarship addressing the risks and benefits of multi-disciplinary partnerships, gatekeeping, moral counseling, ancillary services, and the application of the attorney-client privilege. When looked at in combination, these segregated discussions equate …
Nonparticipatory Association And Compelled Political Speech: Consent As A Constitutional Principle In The Wake Of Citizens United , Frances R. Hill
Nonparticipatory Association And Compelled Political Speech: Consent As A Constitutional Principle In The Wake Of Citizens United , Frances R. Hill
Articles
No abstract provided.
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman
Articles
No abstract provided.
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Articles
No abstract provided.
Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton
Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton
Articles
No abstract provided.
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
Articles
No abstract provided.
The Political Economy Of Fraud On The Market, William Wilson Bratton, Michael L. Wachter
The Political Economy Of Fraud On The Market, William Wilson Bratton, Michael L. Wachter
Articles
The fraud-on-the-market class action no longer enjoys much academic support. The justifications traditionally advanced by its defenders-compensation for out-of-pocket loss and deterrence of fraud-are thought to have failed due to the action's real world dependence on enterprise liability and issuer-funded settlements. The compensation justification collapses when considered from the point of view of different types of shareholders. Well-diversified shareholders' receipts and payments of damages balance over time and amount to a wash before payment of litigation costs. The shareholders arguably in need of compensation--fundamental value investors who rely on published reports--are undercompensated due to pro rata distribution of settlement proceeds …
The Enforceability Of Exacted Conservation Easements, Jessica Owley
The Enforceability Of Exacted Conservation Easements, Jessica Owley
Articles
No abstract provided.
The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby
The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby
Articles
No abstract provided.
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Articles
No abstract provided.
How Much Clinic For How Many Students?: Examining The Decision To Offer Clinics For One Semester Or An Academic Year, Kele Stewart
How Much Clinic For How Many Students?: Examining The Decision To Offer Clinics For One Semester Or An Academic Year, Kele Stewart
Articles
Many law schools are engaged in curricular reform aimed at more effectively preparing students for practice. Two publications that have influenced these reform efforts, Best Practices for Legal Education and the Carnegie Foundation's report Educating Lawyers: Preparation for the Profession of Law, suggest that there should be more clinical opportunities. With limited resources, there is an apparent tension between providing live-client clinics to as many students as possible versus a deeper clinical experience over an academic year. This Article examines the questions raised by a law school's decision to offer a clinic for one semester or two. In designing …
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Articles
No abstract provided.
Paper Tectonics, Patrick O. Gudridge
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Articles
No abstract provided.
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Articles
Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because the …
Open Government And The Implementation Of The Dodd-Frank Act, Caroline Bradley
Open Government And The Implementation Of The Dodd-Frank Act, Caroline Bradley
Articles
No abstract provided.
When Corporations Translate Treaties, Caroline Bradley