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Articles

1997

University of Minnesota Law School

Articles 1 - 8 of 8

Full-Text Articles in Law

Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle Jan 1997

Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle

Articles

This Article contends that, contrary to its present use in the securities fraud realm as sanctioned by the Supreme Court and as assumed to be correct by most commentators, the CAPM is irrelevant for measuring damages in Rule 10b-5 cases because the CAPM is not designed to measure what stock prices would have been if the requisite fraud had not occurred. Instead, the CAPM is designed to help investors and portfolio managers determine optimal asset portfolios. That is, the CAPM is designed to help people make decisions about assets with uncertain future returns, rather than to analyze the actual past …


Ethnicity, Crime, And Immigration, Michael Tonry Jan 1997

Ethnicity, Crime, And Immigration, Michael Tonry

Articles

No abstract provided.


Sentencing Principles In Theory And Practice, Richard Frase Jan 1997

Sentencing Principles In Theory And Practice, Richard Frase

Articles

No abstract provided.


The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos Jan 1997

The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos

Articles

Professor Aiken, in her article Striving to Teach "Justice,Fairness, and Morality," recognizes the importance of integrating the "analysis of difference into traditional courses to ensure that students begin the life-long process of examining their exercise of privilege and develop an appreciation of the professional value of striving for justice, fair- ness, and morality."1 Her article sets out a pedagogical approach to legal education with the goal of constructing a learning experience that maximizes reflection and unmasks privilege. Aiken's article raises important issues for all of us concerned with legal education and the competent representation of clients.


Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld Jan 1997

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Articles

The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.


Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford Jan 1997

Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford

Articles

The enactment of the National Labor Relations Act 1 ("NLRA") in 1935 was an economic and social watershed. The NLRA was the successor to section 7(a) of the National Industrial Recovery Act 2 ("NIRA"), the initial experiment in American corporatist governance. 3 The NLRA gave the United States a radically new labor policy, one dramatically more effective in facilitating union organization than its immediate predecessor. Following the path identified by the predecessor NIRA, which had contemplated a network of industry "codes," labor relations under the NLRA have developed in significant part along industry lines. 4 And until the mid-1960s, the …


Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel Jan 1997

Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel

Articles

Until the turning point of the 1993 World Conference on Human Rights in Vienna, few issues received as little political attention at the United Nations as the human rights of women. Now, thanks to the efforts of non-governmental organizations (NGOs), academics, and other advocates, the Conference itself can claim the placement of women on the human rights agenda as one of its clearest victories. The weaknesses of the United Nations and of the international community as a whole {including states and NGOs) have been primarily in two areas: (a) at the conceptual level, their failure, until recently, to declare all …


Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry Jan 1997

Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry

Articles

No abstract provided.