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Articles 1 - 9 of 9
Full-Text Articles in Law
Hong Kong's Reformed Broker Contribution Rules, Lin (Lynn) Bai
Hong Kong's Reformed Broker Contribution Rules, Lin (Lynn) Bai
Faculty Articles and Other Publications
Lynn Bai of the Hong Kong Securities and Futures Commission outlines the new risk-based calculation method for brokers' contributions to the stock clearing fund.
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
Faculty Articles and Other Publications
International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Faculty Articles and Other Publications
Many states have adopted voluntary action programs to encourage developers to clean up and redevelop brownfields, former industrial or commercial facilities that have some environmental contamination. While brownfields redevelopment often has important benefits, states often allow cleanups that are less stringent than would otherwise be required and that raises the possibility that redevelopment could pose health risks to neighboring residents. Because many brownfield sites are located in areas with significant minority populastions, there is the potential for disproportionate impacts against these groups. If disparate impacts occur, states are arguably liable under Title VI of the 1964 Civil Rights Act. The …
Dedication To Professor Nora Jane Lauerman - In Memoriam, Gordon A. Christenson
Dedication To Professor Nora Jane Lauerman - In Memoriam, Gordon A. Christenson
Faculty Articles and Other Publications
Tribute to legal scholar, Nora Jane Lauerman.
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Faculty Articles and Other Publications
During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.
Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …
Taming Terrorists But Not "Natural Born Killers", S. Elizabeth Malloy
Taming Terrorists But Not "Natural Born Killers", S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article will explore the possibility of shifting or sharing the liability
stemming from criminal activities to those who provide detailed directions on
how to commit those acts, when the publication in question has no other
redeeming value. This Article concludes that in some limited circumstances, the First Amendment should not preclude the imposition of civil liability for those who write and distribute speech that both advocates and facilitates harm to others.
Part I of this Article reviews the First Amendment and discusses the Brandenburg test and its potential application to situations involving speech
advocating socially harmful activity. Part II …
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Malloy, Ronald Krotoszynski Jr
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Malloy, Ronald Krotoszynski Jr
Faculty Articles and Other Publications
This Article explores the possibility of shifting the cost of antisocial acts to artists, writers, and musicians when individuals decide to act on a creative artist's suggestions or, in some cases, detailed directions. The Article concludes that, at least in some limited circumstances, the First Amendment should not preclude the imposition of civil liability for those who write and distribute speech that both advocates and facilitates harm to others and proposes the creation of a new category of unprotected speech activity called Harm Advocacy.
Establishing A Securities Arbitration Clinic: The Experience At Pace, Barbara Black
Establishing A Securities Arbitration Clinic: The Experience At Pace, Barbara Black
Faculty Articles and Other Publications
In the fall of1997 Pace University School of Law established one of the first law school clinics to provide student assistance to small investors who have disputes with their broker-dealers. What follows is a brief account of the clinic's educational objectives, an analysis of the initial organizational issues, and a report on the clinic's operation during its first two years. I am writing this in the hope that it will provide guidance and assistance to other law schools that contemplate establishing a securities arbitration clinic.
This is a nuts-and-bolts article written from the perspective of an experienced law professor who …
Networkindustries.Gov.Reg, Joseph P. Tomain
Networkindustries.Gov.Reg, Joseph P. Tomain
Faculty Articles and Other Publications
This essay is part of a Symposium entitled "American Regulatory Policy: Have We Found A Third Way?" The paper looks at the changes in the regulation of what were once called public utilities and are now called network industries. Traditional regulation is described and compared with the current form and structure of the regulation of these industries. The paper makes the argument that, even though deregulation is occurring consistent with Third Way thinking, it is occurring not only because of changes in world global economic views. Rather, it is changing because of what traditional regulation has accomplished.
Traditional regulation constructed …