Law Commons^™

Current Issues In Tender Offer Regulation: Lessons From The British, Deborah A. Demott

Faculty Scholarship

The recent submission to Congress of several proposed amendments to the Williams Act has again made tender offer regulation a controversial subject. Professor DeMott believes that the debate about regulatory reform can benefit from a comparative study of Britih and American tender offer rcgulation. She finds the British system instructive in three important respects. First, the British system specifically indentifies different kinds of transactions that resemble tender offers and regulates those transactions according to the hazards they create for investors. Unlike the American system, which imposes a single set of highly complex regulations only if a transaction qualifies as a …

Management Of Multiparty Toxic Tort Litigation: Case Law And Trends Affecting Case Management, Francis Mcgovern

Faculty Scholarship

No abstract provided.

The Business Judgment Rule In The Context Of Termination Of Derivative Suits By Independent Committees, James D. Cox, Donald E. Schwartz

Faculty Scholarship

No abstract provided.

Foreword: Symposium On Hospital Law, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 1, Clark C. Havighurst, Nancy M. P. King

Faculty Scholarship

This Article explores the antitrust and other implications of private credentialing and accrediting programs in the health care industry. Although such programs are usually sponsored by powerful competitor groups, they serve the procompetitive purpose of providing useful information and authoritative advice to independent decision makers. Part One examines the risk that credentialing will sometimes be unfair to competitors and deceive consumers. Its survey of common-law, antitrust, and regulatory interventions to correct such unfairness and deception seeks to determine the degree of oversight to which credentialing and similar activities have been and should be subjected. In recommending that judicial or regulatory …

The Justice Of Economics: An Analysis Of Wealth Maximization As A Normative Goal (Review Essay), Richard L. Schmalbeck

Faculty Scholarship

Reviewing, R. Posner,The Economics of Justice (1981).

Behind Closed Doors, Peter G. Fish

Faculty Scholarship

No abstract provided.

Legal Accountability And The Ncaa, John C. Weistart

Faculty Scholarship

No abstract provided.

Book Review, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Book Review, Administrative Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Competitive Process And Gray Market Goods, The , Jacqueline Nolan-Haley

Faculty Scholarship

Although it has the appearance of benefiting the consumer, the phenomenon of gray market goods is, for the most part, a species of unfair competition. Where an exclusive distribution contract between foreign and domestic entities enhances interbrand competition and satisfies a rule of reason analysis, it should be considered a protectable property interest. There is little justification for permitting gray market imports to interfere with that interest by taking advantage of the good will associated with the distribution, marketing, warranties and servicing provided by the United States distributor. The antitrust goal of promoting long-run consumer interests is not advanced by …

Constitutional Politics: A Rejoinder, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Regulatory Reform: Assessing The California Plan, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond

Faculty Scholarship

No abstract provided.

Representing Institutionalized Mentally Retarded Persons, James W. Ellis, Ruth A. Luckasson

Faculty Scholarship

The following article explores the need for increased legal advocacy for mentally retarded persons. Contrasting the services available to the mentally ill with the limited resources for the mentally retarded, the authors highlight the unique problems of this underrepresented population, and examine alternative forums for advocacy. In a practical, straightforward analysis, the article identifies barriers to effective representation, including the fundamental problem of lawyers' and advocates' reactions to institutionalized retarded persons' appearance and behavior, and the effect of these reactions on advocacy efforts. The article is followed by a client interview form and guide that focus on the special problems …

Institutional Review Of Medical Research: Cost-Benefit Analysis, Risk-Benefit Analysis, And The Possible Effects Of Research On Public Policy, Robert L. Schwartz

Faculty Scholarship

It is reasonable to expect IRBs to develop and apply policy as other public policy agencies do. In fact, the risk-benefit analysis now required of IRBs appears to be analogous to the cost-benefit analysis adopted by public policy analysts. But, as we shall see, the new risk-benefit criterion is far less comprehensive and valid than the traditional cost-benefit model.

The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Comment examines alternative challenges to the separate entity fiction. First, it will analyze the economic policies underlying the separate entity concept and the justification for imposing shareholder liability in typical alter ego cases. Second, this Comment will review cases in which the corporate entity is challenged for alternative purposes and demonstrate how the usual alter ego analysis fails in these cases. Finally, this Comment proposes a three-stage analysis for examining alternative challenges to the separate entity fiction. The proposal would require courts to analyze the facts of the cases, identify the policies underlying the challenge, and balance the economic …

Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper

Faculty Scholarship

The Supreme Court's most recent effort to distinguish nonmandatory bargaining topics, First National Maintenance Corp. v. NLRB, ¹⁹ illustrates the Court's lack of clarity in this area and vindicates Cox's and Wellington's criticisms of the Court's approach in Borg-Warner. In First National Maintenance (F.N.M.), the Court held that an employer's decision "to shut down part of its business purely for economic reasons" was outside the scope of mandatory bargaining.²⁰ The Court could cite no evidence that Congress intended to prevent employee representatives from obtaining full effective bargaining over such decisions, nor did it articulate any general principle to …

Employer Withdrawal From Multiemployer Bargaining--Charles D. Bonanno Linen Service V. Nlrb, Franklin G. Snyder

Faculty Scholarship

Large numbers of employers in this country, particularly small businesses, are members of multiemployer bargaining units. Historically, employers and unions have been able to withdraw from those units when the bargaining process has reached a stalemate. A recent decision of the United States Supreme Court, however, has made it more difficult for employers to withdraw from multiemployer units even in the face of a prolonged bargaining impasse. The decision, which settles a long-standing dispute between the National Labor Relations Board (Board) and several circuit courts of appeals, is a boon to labor unions, for it prohibits employer withdrawal in the …

The Exercise Of Executive Discretion: A Study Of A Regional Office Of The Department Of Labor, Michael C. Harper

Faculty Scholarship

Writing for a recent symposium on empirical research in administrative law, Professor Paul Verkuil noted that such research "casts light on one of the dark corners of the law. The vast majority of administrative decisions are of the informal variety, meaning they take place outside the reach of generic administrative procedure acts and frequently outside the courts themselves."' We are only beginning to appreciate how vast is this dark corner and how varied the possible modes of illumination.

This essay casts some additional light into the corner by reporting on a study of the exercise of executive discretion by a …

The Law School Library: Its Function, Structure, And Management, Robert J. Desiderio

Faculty Scholarship

The law library has a special and unique importance because of the nature of our legal system and its role as a laboratory for anyone involved in a legal proceeding. Students, faculty, lawyers, judges, and lay persons cannot accomplish legal work without the library. Law libraries, in the process of transition, are planning or implementing computer-based retrieval systems and video devices for training and instruction. Law librarians have significant responsibilities for accurate information retrieval and teaching legal research techniques.

National Product Liability Legislation: In Search For The Best Of All Possible Worlds, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Revolution In Family Law: 45 Landmark Decisions: Four Experts Look At The Most Significant Cases Handed Down During The Last Two Decades, Randall M. Chastain, Monroe L. Inker, Sanford N. Katz, Frances H. Miller, Walter Weyrauch

Faculty Scholarship

No abstract provided.

Seizing The Middle Ground Between Rules And Standards In Design Defect Litigation: Advancing Directed Verdict Practice In The Law Of Tort, Aaron Twerski

Faculty Scholarship

No abstract provided.

Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …

Bargaining In The Shadow Of The Law: A Testable Model Of Strategic Behavior, Robert Cooter, Stephen G. Marks, Robert Mnookin

Faculty Scholarship

Part I describes the framework of the model. Part II discusses the domination of psychological effects by tangible variables, which is the basis for comparative statics. Part III explains the table of predictions, and Part IV applies the predictions to externalities and rules for real-locating payoffs from trial. There is little mathematics in the text. The mathematical reader can refer to the Appendix for a brief presentation of our model, or to a companion paper on file with this Journal which develops the mathematics at length.

"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder

Faculty Scholarship

In theory, the substantive rights of secured creditors such as mortgagees are affected much less by bankruptcy proceedings than those of unsecured creditors. In practice, however, bankruptcy proceedings have affected mortgagees. Filing a bankruptcy petition automatically stays pending foreclosures. Trustees in bankruptcy also can set aside foreclosures of certain liens obtained by unsecured creditors and certain mortgages and deeds of trust executed in the year preceding bankruptcy. The decision in Durrett adds yet another weapon to the bankruptcy trustee's arsenal: the power to void nonjudicial foreclosure sales even though the sale is proper and final under state law.