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Full-Text Articles in Law

Anatomy Of A Governance Transformation: The Case Of Daimler-Benz, Dennis E. Logue, James K. Seward Jul 1999

Anatomy Of A Governance Transformation: The Case Of Daimler-Benz, Dennis E. Logue, James K. Seward

Law and Contemporary Problems

Logue and Seward examine the evolutionary transformation in the corporate governance structure of Daimler-Benz AG, the largest German industrial company. Over the last several years, Daimler-Benz has taken numerous steps toward prioritizing shareholder value more intensely than ever before.


The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh Jul 1999

The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh

Law and Contemporary Problems

Little attention has been paid to how the governance structures of public corporations adapt to structural changes in the social, political, economic and legal environments in which they operate. Bradley et al chronicle the recent changes in the conduct of business enterprise and establish the necessary conditions for a system of corporate governance capable of accommodating these changes.


Comment On Dunfee, A. A. Sommer Jr. Jul 1999

Comment On Dunfee, A. A. Sommer Jr.

Law and Contemporary Problems

Sommer comments on the framework provided by Dunfee in which managers can make rational--and rationalized--decisions as to when ethical considerations may supersede shareholder interests.


Preemption And Federalism In Corporate Governance: Protecting Shareholder Rights To Vote, Sell, And Sue, Robert B. Thompson Jul 1999

Preemption And Federalism In Corporate Governance: Protecting Shareholder Rights To Vote, Sell, And Sue, Robert B. Thompson

Law and Contemporary Problems

Thompson examines the changed roles of the state and federal governments since the enactment of the Securities Litigation Uniform Standards Act of 1998. He notes that these changes have created a greater dependence on federal law, a greater emphasis on the voting function of shareholders, and the likelihood of additional argument over traditional corporate issues.


The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott Jul 1999

The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott

Law and Contemporary Problems

Focusing on Part X of the UK's Companies Act 1985, DeMott draws contrasts with corporate law in the US. Part X has a style and feel that is distinctly different from counterpart provisions in the US corporate statutes.


Foreword, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh Jul 1999

Foreword, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh

Law and Contemporary Problems

No abstract provided.


Required Disclosure And Corporate Governance, Merritt B. Fox Jul 1999

Required Disclosure And Corporate Governance, Merritt B. Fox

Law and Contemporary Problems

Little scholarly attention has been paid to the corporate governance effects of required disclosure. In analyzing these effects, Fox concludes that required disclosure can improve corporate governance in important ways.


Banded Contracts, Mediating Institutions, And Corporate Governance: A Naturalist Analysis Of Contractual Theories Of The Firm, Timothy L. Fort, James J. Noone Jul 1999

Banded Contracts, Mediating Institutions, And Corporate Governance: A Naturalist Analysis Of Contractual Theories Of The Firm, Timothy L. Fort, James J. Noone

Law and Contemporary Problems

Fort and Noone relate business ethics to notions of transcendence found in nature and anthropology. They address the notion of contracts within corporate legal theory because contracts are used as a model both by those who advocate minimalist, agency business duties and by others who propound a broad business ethic.


Journal Staff Jul 1999

Journal Staff

Law and Contemporary Problems

No abstract provided.


The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff Apr 1999

The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff

Law and Contemporary Problems

Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.


Foreword, Neil Vidmar Apr 1999

Foreword, Neil Vidmar

Law and Contemporary Problems

No abstract provided.


Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas Apr 1999

Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas

Law and Contemporary Problems

Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.


The American Criminal Jury, Nancy Jean King Apr 1999

The American Criminal Jury, Nancy Jean King

Law and Contemporary Problems

King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.


Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman Apr 1999

Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman

Law and Contemporary Problems

The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.


The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young Apr 1999

The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young

Law and Contemporary Problems

In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.


The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar Apr 1999

The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar

Law and Contemporary Problems

Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.


The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley Apr 1999

The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley

Law and Contemporary Problems

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.


Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman Apr 1999

Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman

Law and Contemporary Problems

Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.


Reviving The Criminal Jury In Japan, Lester W. Kiss Apr 1999

Reviving The Criminal Jury In Japan, Lester W. Kiss

Law and Contemporary Problems

Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.


The Civil Jury In America, Stephan Landsman Apr 1999

The Civil Jury In America, Stephan Landsman

Law and Contemporary Problems

Landsman explores several questions about the function of the modern civil jury in America, including why juries have been given so important a place in the judicial process and how the jury ought to be constituted to carry ought its work.


“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart Apr 1999

“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart

Law and Contemporary Problems

Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.


Journal Staff Apr 1999

Journal Staff

Law and Contemporary Problems

No abstract provided.


Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder Jan 1999

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.


Appendix: The Statute Jan 1999

Appendix: The Statute

Law and Contemporary Problems

No abstract provided.


Foreword, Christopher H. Schroeder Jan 1999

Foreword, Christopher H. Schroeder

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood Jan 1999

The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz Jan 1999

The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz

Law and Contemporary Problems

Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.


Can The Independent Counsel Statute Be Saved?, Katy J. Harriger Jan 1999

Can The Independent Counsel Statute Be Saved?, Katy J. Harriger

Law and Contemporary Problems

The independent counsel provisions of the Ethics in Government Act face an uncertain future. Harriger argues that the statute in its current form meets virtually none of the goals Congress intended in 1978 and that the statute should be substantially revised in an effort to minimize the costs and maximize the benefits.


The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch Jan 1999

The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch

Law and Contemporary Problems

Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.


Journal Staff Jan 1999

Journal Staff

Law and Contemporary Problems

No abstract provided.