Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (9)
- Legal Remedies (8)
- Law and Economics (7)
- Banking and Finance Law (6)
- Legal History (4)
-
- Torts (4)
- Civil Law (3)
- Environmental Law (3)
- Law and Society (3)
- Health Law and Policy (2)
- Intellectual Property Law (2)
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- State and Local Government Law (2)
- Antitrust and Trade Regulation (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Immigration Law (1)
- Internet Law (1)
- Jurisprudence (1)
- Legal Profession (1)
- Litigation (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Property Law and Real Estate (1)
- Public Law and Legal Theory (1)
- Science and Technology Law (1)
- Institution
Articles 1 - 26 of 26
Full-Text Articles in Law
Corporate And Business Law, Laurence V. Parker
Corporate And Business Law, Laurence V. Parker
University of Richmond Law Review
In the 2011 session, the Virginia General Assembly passed House Bill 2358, Benefit Corporations, to be codified as article 22 (the "Benefit Corporations Article") of the Virginia Stock Corporation Act ("VSCA"). The Benefit Corporations Article is largely based on legislation prepared in other states and allows a Virginia corporation to elect in its articles of incorporation to be treated as a "benefit corporation." These for-profit corporations are required to pursue not only profitability but also a general public benefit and, if one so elects, one or more specific public benefits. In Section II of this article, the author discusses the …
Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser
Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser
Vanderbilt Law Review
The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability structure for deep-sea oil drilling and for catastrophic risks generally. It delineates a two-tier system of liability. The first tier would impose strict liability up to the firm's financial resources, including insurance coverage. The second tier would be an annual tax equal to the expected costs in the coming year beyond this damages amount. Before beginning a risky operation, the proposed liability scheme would identify a single firm-the …
Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen, Madeline Gottlieb, Joshua Linn, Nathan Richardson
Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen, Madeline Gottlieb, Joshua Linn, Nathan Richardson
Vanderbilt Law Review
Although the causes of the Deepwater Horizon spill are not yet conclusively identified, significant attention has focused on the safety-related policies and practices-often referred to as the safety culture-of BP and other firms involved in drilling the well. This Article defines and characterizes the economic and policy forces that affect safety culture and identifies reasons why those forces may or may not be adequate or effective from the public's perspective. Two potential justifications for policy intervention are that: (1) not all of the social costs of a spill may be internalized by a firm; and (2) there may be principal-agent …
Unclaimed Property And Due Process: Justifying 'Revenue-Raising' Modern Escheat, Teagan J. Gregory
Unclaimed Property And Due Process: Justifying 'Revenue-Raising' Modern Escheat, Teagan J. Gregory
Michigan Law Review
States have long claimed the right to take custody of presumably abandoned property and hold it for the benefit of the true owner under the doctrine of escheat. In the face of increasing fiscal challenges, states have worked to increase their collection of unclaimed property via new escheat legislation that appears to bear little or no relation to protecting the interests of owners. Holders of unclaimed property have raised substantive due process challenges in response to these modern escheat statutes. This Note contends that two categories of these disputed laws-those shortening dormancy periods and those allowing states to estimate a …
Splitting The Baby: Standardizing Issue Class Certification, Jenna G. Farleigh
Splitting The Baby: Standardizing Issue Class Certification, Jenna G. Farleigh
Vanderbilt Law Review
The Bible depicts King Solomon resolving a dispute between two women who claimed to be the mother of the same child. In the pursuit of justice, King Solomon threatened to do the unthinkable- slice the child in two. Although severing children is not a recommended vehicle for justice, severing lawsuits is. In fact, in the class-action context, the "issue class" established by Federal Rule of Civil Procedure 23(c)(4) does just what King Solomon threatened-it severs litigation into pieces, allowing aggregate treatment of only certain issues in a given lawsuit. Residual issues are left to be determined in plaintiff-specific, follow-on suits. …
From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams
From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams
South Carolina Law Review
No abstract provided.
The Business Of Torture: The Domestic Liability Of Private Airlines In The U.S. Extraordinary Rendition Program, Kate Kovarovic
The Business Of Torture: The Domestic Liability Of Private Airlines In The U.S. Extraordinary Rendition Program, Kate Kovarovic
University of Miami Business Law Review
No abstract provided.
Ifit's Reusable Why Not Reuse It? The Reuse Of Single Use Medical Devices, Brian Wilson
Ifit's Reusable Why Not Reuse It? The Reuse Of Single Use Medical Devices, Brian Wilson
Dalhousie Law Journal
The reprocessing and subsequent reuse of medical devices labelled by the manufacturer as 'single-use only' is a cost cutting strategy employed by many healthcare centres. However, attempting to extend the life of a device labelled as 'single-use only' raises a number of unique concerns surrounding the issue of legal liability specifically who should bear responsibility if someone suffers harm as a result of a reprocessed single-use device. Following an overview of the current regulatory environment, the potential tortious liability attaching to those who may be implicated in the reprocessing chain is discussed. Specifically, this paper examines the duty and standard …
Causing Infringement, Mark Bartholomew, Patrick F. Mcardle
Causing Infringement, Mark Bartholomew, Patrick F. Mcardle
Vanderbilt Law Review
In its most recent contributory infringement pronouncement, the Supreme Court advised courts wrestling with these issues to consult tort law's own contributory liability framework, which it described as "well established."31 The conventional wisdom among legal scholars agrees with the Court. Most scholarship in this area contends that obeisance to traditional tort law principles of contributory liability will fill the void in infringement law with answers that are adequately calibrated to the balance between incentivizing creation and permitting downstream use. This Article challenges that conventional wisdom. Although we agree that tort law can shed some much-needed light on contributory infringement, we …
Allen V. Dackman: Doing Away With Limited Liability In Maryland, Jeffrey S. Quinn
Allen V. Dackman: Doing Away With Limited Liability In Maryland, Jeffrey S. Quinn
Maryland Law Review
No abstract provided.
The Endowment Effect In Ip Transactions: The Case Against Debiasing, Ofer Tur-Sinai
The Endowment Effect In Ip Transactions: The Case Against Debiasing, Ofer Tur-Sinai
Michigan Telecommunications & Technology Law Review
This Article contains a critical discussion of recent studies by Christopher Buccafusco and Christopher Sprigman concerning the role of the endowment effect in intellectual property transactions. According to the thesis presented in these studies, the existence of an endowment effect in the markets for IP goods causes inefficiencies. In order to counteract such inefficiencies, the authors argue, IP rights must be weakened in various ways, including shifting toward liability rules, adding formalities in copyright law, and expanding the fair use doctrine. The thesis as presented is groundbreaking and would have broad implications. This Article, however, points out several shortcomings of …
The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John F. Olson, Aaron K. Briggs
The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John F. Olson, Aaron K. Briggs
Law and Contemporary Problems
No abstract provided.
Safe Harbor For Officer Reliance: Comparing The Approaches Of The Model Business Corporation Act And Delaware’S General Corporation Law, R. Franklin Balotti, Megan W. Shaner
Safe Harbor For Officer Reliance: Comparing The Approaches Of The Model Business Corporation Act And Delaware’S General Corporation Law, R. Franklin Balotti, Megan W. Shaner
Law and Contemporary Problems
Balotti and Shaner discuss the duties of and potential for imposing liability on corporate officers. The fiduciary duties of officers is addressed, in differing degrees, under Delaware law, the law frequently applied to corporate-governance disputes, and under the Model Business Corporation Act (MBCA). In discharging their fiduciary duties, directors under both the MBCA and the General Corporation Law are generally protected from personal liability if, in making business decisions, they reasonably rely on the reports and records of officers, employees, advisors, and experts of the corporation.
Respecting The Concept And Limited Liability Of A Series Llc In Texas Comment., Bernie R. Kray
Respecting The Concept And Limited Liability Of A Series Llc In Texas Comment., Bernie R. Kray
St. Mary's Law Journal
The primary advantage of a limited liability company (LLC) is to shield owners from personal liability for the contract and tort obligations of their business entities. To further protect business assets, practitioners often advised clients to form multiple LLCs, each containing single assets. Yet, business owners managing multiple assets and LLCs often found this approach ineffective and cost-prohibitive. Allowing for a single “master” LLC to compartmentalize different series of properties without the need for a distinct holding company, the “series” LLC was the next step. The series LLC permits companies to partition assets and liabilities among various cells or “series,” …
Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan
Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan
NYLS Law Review
No abstract provided.
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
NYLS Law Review
No abstract provided.
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
NYLS Law Review
No abstract provided.
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
NYLS Law Review
No abstract provided.
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
NYLS Law Review
No abstract provided.
Good Faith In Revlon-Land, Christopher M. Bruner
Good Faith In Revlon-Land, Christopher M. Bruner
NYLS Law Review
No abstract provided.
Lyondell: A Note Of Approbation, William W. Bratton
Lyondell: A Note Of Approbation, William W. Bratton
NYLS Law Review
No abstract provided.
In Re Healthsouth Corp. Securities Litigation, Adam Paul Gordon
In Re Healthsouth Corp. Securities Litigation, Adam Paul Gordon
NYLS Law Review
No abstract provided.
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Journal of Dispute Resolution
The immediate effect of the holding was to allow a group of corporate defendants to use their superior bargaining position in the contracting process to effectively shield themselves from liability. Although Stolt-Nielsen involved business entities, the case also has implications in the consumer context. If the Court were to extend the reasoning of the case to disputes involving adhesion contracts, corporations would enjoy this immunity in the context of consumer disputes. Far from a hypothetical exercise in the reaches of Supreme Court jurisprudence, the Court is expected to decide this very issue during the 2010 term. In light of these …
Respondent Superior As An Affirmative Defense: How Employers Immunize Themselves From Direct Negligence Claims, J. J. Burns
Respondent Superior As An Affirmative Defense: How Employers Immunize Themselves From Direct Negligence Claims, J. J. Burns
Michigan Law Review
Most courts hold that where a defendant employer admits that it is vicariously liable for its employee's negligence, a plaintiff's additional claims of negligent entrustment, hiring, retention, supervision, and training must be dismissed. Generally, courts apply this rule based on the logic that allowing a plaintiff's additional claims adds no potential liability beyond that which has already been admitted. Furthermore, since the additional claims merely allege a redundant theory of recovery once a respondeat superior admission has been made, the prejudicial evidence of an employee's prior bad acts which often accompanies direct negligence claims against employers can be excluded without …
Employer Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Employer Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Saint Louis University Law Journal
No abstract provided.
The Integrity Of Delaware’S Corporate Dissolution Statute After Territory Of The United States Virgin Islands V. Goldman, Sachs & Co.: Is Extended Post-Dissolution Shareholder Liability A Necessary Component Of Delaware’S Corporate Dissolution Scheme?, Edward T. Pivin
Saint Louis University Law Journal
No abstract provided.