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Articles 1 - 11 of 11
Full-Text Articles in Law
Administering Patent Litigation, Jacob S. Sherkow
Administering Patent Litigation, Jacob S. Sherkow
Articles & Chapters
Recent patent litigation reform efforts have focused on every branch of government — Congress, the President, and the federal courts — save the fourth: administrative agencies. Agencies, however, possess a variety of functions in patent litigation: they serve as “gatekeepers” to litigation in federal court; they provide scientific and technical expertise to patent disputes; they review patent litigation to fulfill their own mandates; and they serve, in several instances, as entirely alternative fora to federal litigation. Understanding administrative agencies’ functions in managing or directing, i.e., “administrating,” patent litigation sheds both descriptive and normative insight on several aspects of patent reform. …
Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold
Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold
Articles & Chapters
No abstract provided.
The Proxy Advisory & Corporate Governance Industry: The Case For Increased Oversight And Control, Tamara C. Belinfanti
The Proxy Advisory & Corporate Governance Industry: The Case For Increased Oversight And Control, Tamara C. Belinfanti
Articles & Chapters
The proxy advisory and corporate governance industry plays a significant role in shareholder voting and in the formulation of corporate governance policy. The industry operates with relatively little accountability and virtually free from regulatory oversight. Understanding the relationship between this industry and mutual funds, who in the aggregate are the largest owners of publicly traded shares in the United States, is critical to understanding issues of shareholder rights, the meaning of the right to vote in corporate elections, and the role that institutional investors, like mutual funds, play in the corporate landscape.
Mutual funds exercise their substantial voting power by …
Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair
Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair
Articles & Chapters
In this, the second installment in a series of articles planned to examine each of the twenty eight pairs of "dueling canons" having opposite effect left to us in 1950 by Karl N. Llewellyn (Karl N. Llewellyn, "Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes Are to Be Construed", 3 VANDERBILT L.REV. 395 (1950)), I examine pairs 8 through 12. I start with Pair 12, Llewellyn's formulation of the Plain Meaning Rule; it is not so much a canon of construction as a condition on construction: unless one or both of its conditions …
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
Articles & Chapters
Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Articles & Chapters
This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …
The ‘New World’ Of Judicial Review Of Removal Orders, Lenni B. Benson
The ‘New World’ Of Judicial Review Of Removal Orders, Lenni B. Benson
Articles & Chapters
No abstract provided.
Beyond Agency Costs: Managing The Corporation For The Long Term, Aleta Estreicher
Beyond Agency Costs: Managing The Corporation For The Long Term, Aleta Estreicher
Articles & Chapters
No abstract provided.
Can Consent Waive Absolute Rights To An Article Iii Court (85-621) (85-642), Ronald Filler
Can Consent Waive Absolute Rights To An Article Iii Court (85-621) (85-642), Ronald Filler
Articles & Chapters
No abstract provided.
Primary Jurisdiction: The Need For Better Court/Agency Interaction, Michael Botein
Primary Jurisdiction: The Need For Better Court/Agency Interaction, Michael Botein
Articles & Chapters
No abstract provided.
Simulation And Role Playing In Administrative Law, Michael Botein
Simulation And Role Playing In Administrative Law, Michael Botein
Articles & Chapters
No abstract provided.