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Articles 121 - 150 of 4057
Full-Text Articles in Law
The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina
The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina
Elena K Kouvabina
Employee nonsolicitation clauses continue to be a common feature of employment agreements in California. While Section 16600 of the California Business and Professions Code prohibits contractual restraints on the practice of a lawful profession, trade or business, in 1985, the California Court of Appeal held that employee nonsolicitation clauses do not violate Section 16600 because they do not significantly affect employees’ ability to engage in a lawful profession, trade or business. In a recent decision, however, the California Supreme Court pronounced that Section 16600 is violated even if a covenant does not completely preclude one from engaging in a lawful …
Winner's Curse (La Maldición Del Ganador): Un Análisis De La Toma De Decisiones En Subastas De Valor Común, Renzo E. Saavedra Velazco
Winner's Curse (La Maldición Del Ganador): Un Análisis De La Toma De Decisiones En Subastas De Valor Común, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
En la presente nota se analiza la denominada maldición del ganador que importa que el ganador de una subasta puede ser quien sufra las más altas pérdidas, en lugar de los participaron que no lograron adjudicarse el bien o el derecho materia de la subasta. Este resultado se produce por una conjunción de fuerzas en contraposición: la lógica que le indica pujar con cuidado; y, el deseo de lograr la adjudicación que se exacerba en atención a la cantidad de proponentes. Ante ello, muchas veces el ganador termina por ofrecer una suma por encima de su propia valuación subjetiva y …
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Taunya Lovell Banks
Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …
Thinking Through The Climate Change Challenge, Robert Hahn
Thinking Through The Climate Change Challenge, Robert Hahn
Robert W. Hahn
No abstract provided.
S.P.A. Tedesca E Revoca Del Consigliere Di Gestione, Valerio Sangiovanni
S.P.A. Tedesca E Revoca Del Consigliere Di Gestione, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
I Limiti Alla Pubblicità Dell'avvocato Nell'ordinamento Tedesco, Valerio Sangiovanni
I Limiti Alla Pubblicità Dell'avvocato Nell'ordinamento Tedesco, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Family Security Insurance: A New Foundation For Economic Security, Gillian Lester
Family Security Insurance: A New Foundation For Economic Security, Gillian Lester
Gillian Lester
No abstract provided.
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho
Dale E Ho
The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of new unenumerated …
Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai
Amy Lai
My paper critiques the Model Act governing Assisted Reproductive Technology proposed by the American Bar Association in February 2008, for its unnecessarily stringent, one-size-fits-all consent standard governing posthumous reproduction, as well as its far-reaching implications for federal and state legislatures, despite the purportedly modest language of the statute. The paper, by weighing several pertinent factors relating to consent and posthumous conception, advocates a lesser consent standard for the use of deposited, cryopreserved gametes. In addition, it argues that the Model Act promulgates intent-based parenthood which in turn affirms bridging an arbitrary gap between consent and inheritance. Gloria Banks' constructive/ prospective …
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
Victor D. Quintanilla
This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social-psychological perspective. The field of social psychology has documented a pervasive phenomena—the Fundamental Attribution Error—the failure of decision-makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social-psychological research on the Fundamental Attribution Error, legal concepts such as intent, intentionality, mens rea, and …
Assessing The Applicability Of The Business Judgment Rule And The “Defensive” Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Xiao-Chuan Charlie Weng
Assessing The Applicability Of The Business Judgment Rule And The “Defensive” Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Xiao-Chuan Charlie Weng
Xiao-chuan Charlie Weng
With the surge of takeovers in China, many issues regarding takeover adjudication and legislation have increasingly received academic attention. The issues of the independence and professionalization of the judiciary and the scarcity of legislation on duty of care are the major predicaments facing corporate China. Massive legislative and judicial reform of takeover adjudication is not viable in the near future. However, U.S. common law standards of review, including the business judgment rule and serial rules against hostile takeover, with diacritical the business judgment rule stamp, may hold potential for reform within the current economic environment. The article investigates the problems …
Junior Bar Law Review 1 (2010), 21-40 Judicial Activism Revisited: Reflecting On The Role Of Judges In Enforcing Economic, Social And Cultural Rights, Gehan D. Gunatilleke Mr.
Junior Bar Law Review 1 (2010), 21-40 Judicial Activism Revisited: Reflecting On The Role Of Judges In Enforcing Economic, Social And Cultural Rights, Gehan D. Gunatilleke Mr.
Gehan D Gunatilleke Mr.
Following the conclusion of military operations in Sri Lanka in 2009, the issue of economic development and distributive justice appears to have remerged on the country’s agenda. Within this post-conflict context, the judiciary in Sri Lanka is confronted with a major challenge in terms of defining its proper role in the promotion of Economic Social and Cultural (“ESC”) rights. The precise extent to which judges should be ‘activist’ in promoting these rights should be contrasted with the level of activism required of judges in the sphere of civil and political rights. Advocating ESC rights in Sri Lanka simply cannot be …
A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp
A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp
Robert N Rapp
No abstract provided.
Law And Finance: A Theoretical Perspective, Tamara Lothian
Law And Finance: A Theoretical Perspective, Tamara Lothian
Tamara Lothian
No abstract provided.
After The Crisis: Institutional Innovation And The Alternative Futures Of American Finance, Tamara Lothian
After The Crisis: Institutional Innovation And The Alternative Futures Of American Finance, Tamara Lothian
Tamara Lothian
No abstract provided.
The 2007 Rejection Of Anonymous Language Analysis By The Swedish Migration Court Of Appeal: A Precedent?, Gregor Noll
The 2007 Rejection Of Anonymous Language Analysis By The Swedish Migration Court Of Appeal: A Precedent?, Gregor Noll
Gregor Noll
No abstract provided.
O Cade E As Soluções Negociadas, Carlos Emmanuel Joppert Ragazzo
O Cade E As Soluções Negociadas, Carlos Emmanuel Joppert Ragazzo
carlos ragazzo
No abstract provided.
Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian G. Gilmore
Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian G. Gilmore
Brian G Gilmore
No abstract provided.
Path Dependence And Durability Of Hong Kong's Existing Corporate Reorganization System, Charles Zhen Qu Dr
Path Dependence And Durability Of Hong Kong's Existing Corporate Reorganization System, Charles Zhen Qu Dr
Charles Zhen Qu Dr
A corporate reorganization system that ensures optimal deployment of distressed companies’ assets helps promote economic development. In many developed economies, faltering firms are reorganized through a formal corporate reorganization procedure. The Hong Kong government has recently recommended the enactment of such a procedure on the assumption that the existing corporate and insolvency framework is ill-equipped to restructure failing companies. This article rebuts this assumption through an assessment of the efficiency of the judicially-developed reorganization system that has emerged as a result of the failure to introduce a formal reorganization procedure a decade ago. It argues that since an efficient alternative …
Doubting What The Elders Have To Say, David Milward
Doubting What The Elders Have To Say, David Milward
Dr. David Milward
The Supreme Court of Canada has articulated several legal principles that mandate the flexible and generous treatment of Aboriginal oral history evidence in support of Aboriginal rights claims. Lower courts, however, continue to devalue such evidence, often displaying explicit disregard for the legal principles, in order to defeat rights claims and subordinate Aboriginal interests to state sovereignty. This has no rational basis, since it is now clearly established that documentary historical evidence does not have any innate superiority over oral history evidence when it comes to ascertaining what happened in the past. This article proposes several solutions. These include educating …
Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni
Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni
Erez Aloni
Scholars who have examined the legal recognition of same-sex partnerships in European countries have concluded that the path to the legalization of same-sex marriage follows an incremental process involving specific stages. They suggest that it is possible to predict, based on certain visible social and legal processes or assessable parameters, which U.S. states will be the next to recognize same-sex marriage. These scholars argue that such small cumulative legal changes at the state level constitute the best means of legalizing same-sex marriage in the United States, and that civil unions are a necessary step in this process. This article shows …
President's Column, Steve Probst
A Comment On Costs In Constitutional Cases, Iain Field
A Comment On Costs In Constitutional Cases, Iain Field
Iain Field
Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which …
Prisoners In 2009, Heather C. West, William J. Sabol, Sarah J. Greenman
Prisoners In 2009, Heather C. West, William J. Sabol, Sarah J. Greenman
Sarah Greenman
No abstract provided.
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
How would Congress act in a world without judicial review? Canlawmakers be trusted to police themselves? This Article examinesCongress’s capacity and incentives to enforce upon itself “the law ofcongressional lawmaking”—a largely overlooked body of law that iscompletely insulated from judicial enforcement. The Article exploresthe political safeguards that may motivate lawmakers to engage inself-policing and rule-following behavior. It identifies the majorpolitical safeguards that can be garnered from the relevant legal,political science, political economy, and social psychology scholarship,and evaluates each safeguard by drawing on a combination oftheoretical, empirical, and descriptive studies about Congress. TheArticle’s main argument is that the political safeguards that …
Heads I Win, Tails You Lose: Uncertainty And The Protection Of Biodiversity From Invasive Alien Species, Sophie Riley
Heads I Win, Tails You Lose: Uncertainty And The Protection Of Biodiversity From Invasive Alien Species, Sophie Riley
Sophie Riley
Scientists anticipate that the problem of invasive alien species will be exacerbated by co-stressors of biodiversity, such as land clearing and climate change. One of the most effective means of regulating invasive alien species is to prevent their entry by implementing rigorous quarantine measures with strong border controls. Yet, regulators face constant uncertainty with regard to the impact of invasive alien species on biodiversity, and the need to navigate a range of opinions on how best to deal with uncertainty. These difficulties are illustrated by the differing approaches to uncertainty embodied by the World Trade Organization on the one hand …
Aligned Incentives: Envisioning Syzygy, Karl T. Muth
Aligned Incentives: Envisioning Syzygy, Karl T. Muth
Karl T Muth
In the wake of the failure of AIG, this paper deals with the question of whether incentive alignment is truly the problem with contemporary insurance products (as many in the media and the economics community have alleged) by examining two hypothetical types of insurance where incentives are extraordinarily well-aligned.
George Washington And The Executive Power, John C. Yoo
George Washington And The Executive Power, John C. Yoo
John C Yoo
This paper examines current debates over the scope of presidential power through the lens of the Washington administration. We tend to treat Washington’s decisions with an air of inevitability, but the constitutional text left more questions about the executive unanswered than answered. Washington filled these gaps with a number of foundational decisions - several on a par with those made during the writing and ratification of the Constitution itself. He was a republican before he was a Federalist, but ultimately Washington favored an energetic, independent executive, even at the cost of political harmony. He centralized decision-making in his office, so …
La Factura Negociable. A Propósito De Su Reciente Creación, Daniel Echaiz Moreno
La Factura Negociable. A Propósito De Su Reciente Creación, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
Liability For Misstatement In Prospectus In India: Where To Stop?, Manendra Singh
Liability For Misstatement In Prospectus In India: Where To Stop?, Manendra Singh
Manendra Singh, Solicitor & Advocate, India (Mumbai)
The article is intended to highlight the securities law and deals with the liability for misstatement in prospectus. It helps in identifying people who could be held liable and to what extent the liability extends. It also provides an insight for the defences available to an accused. The article basically deals with the Indian law but also touches upon the necessary issues under USA and UK law and thus helps in drawing a comparison between these countries' laws for the same.