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2003

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Full-Text Articles in Law

Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout Dec 2003

Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout

Cornell Law Faculty Publications

This Article evaluates two possible explanations for why shareholders of public corporations tolerate board control of corporate assets and outputs: the widely accepted monitoring hypothesis, which posits that shareholders rely on boards primarily to control the "agency costs" associated with turning day-to-day control over the firm over to self-interested corporate executives, and the mediating hypothesis, which posits that shareholders also seek to "tie their own hands" by ceding control to directors as a means of attracting the extracontractual, firm-specific investments of such stakeholder groups as executives, creditors, and rank-and- file employees.

Part I reviews each hypothesis and concludes that each ...


Inside Unlv, Gian Galassi, Cayrn Key, Carol C. Harter, Patrick Ferrillo Nov 2003

Inside Unlv, Gian Galassi, Cayrn Key, Carol C. Harter, Patrick Ferrillo

Inside UNLV

No abstract provided.


Political Correctness Today, Joseph Ellin Nov 2003

Political Correctness Today, Joseph Ellin

Center for the Study of Ethics in Society Papers

Paper presented to the Center of the Study of Ethics in Society Western Michigan University, November 14th, 2003.


Inside Unlv, Cate Weeks, Diane Russell, Carol C. Harter, Martin Watson Oct 2003

Inside Unlv, Cate Weeks, Diane Russell, Carol C. Harter, Martin Watson

Inside UNLV

No abstract provided.


2003 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2003

2003 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti


Factors To Be Considered In Determining A Corporation's Commercial Domicile, A. Bruce Clements Oct 2003

Factors To Be Considered In Determining A Corporation's Commercial Domicile, A. Bruce Clements

Faculty Publications

Laws can vary significantly in taxing multijurisdictional companies depending on a company's degree of corporate presence in the taxing state, the type and source of income earned, and the type of property used or held in the state. Several critical factors can determine a company's tax liability in a state, including the location of the company's commercial domicile. The US Supreme Court's decision in the Wheeling Steel case regarding commercial domicile is overriding in federal, as well as state courts. Accordingly, multistate companies and their tax advisors should consider the location of central management activities when ...


Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Stephen Rosenbaum Sep 2003

Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Stephen Rosenbaum

Inside UNLV

No abstract provided.


Inside Unlv, Gian Galassi, Carol C. Harter, Gene Hall Jul 2003

Inside Unlv, Gian Galassi, Carol C. Harter, Gene Hall

Inside UNLV

No abstract provided.


Inside Unlv, Gian Galassi, Richard Morgan, Carol C. Harter May 2003

Inside Unlv, Gian Galassi, Richard Morgan, Carol C. Harter

Inside UNLV

No abstract provided.


Intellectual Property Rights And The World Trade Organization: Retrospect And Prospects, Giancarlo Moschini May 2003

Intellectual Property Rights And The World Trade Organization: Retrospect And Prospects, Giancarlo Moschini

CARD Working Papers

This paper analyzes the main economic issues of intellectual property rights (IPRs) protection in the context of the World Trade Organization (WTO). A retrospective view on the establishment of the TRIPS (trade-related aspects of intellectual property rights) Agreement, a still controversial accomplishment of the Uruguay Round of trade liberalization, is provided. The paper reviews the economic rationale for the harmonization of IPRs, drawing both on economic theory considerations as well as emerging empirical evidence. The logic of linking IPR protection and trade in the context of the WTO is also re-examined. Some specific attention is devoted to the implications of ...


The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward May 2003

The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University, March 20, 2003.


Inside Unlv, Gian Galassi, Jennifer Vaughan, Fred Bachhuber Apr 2003

Inside Unlv, Gian Galassi, Jennifer Vaughan, Fred Bachhuber

Inside UNLV

No abstract provided.


Realigning Auditors' Incentives, Patricia A. Mccoy Apr 2003

Realigning Auditors' Incentives, Patricia A. Mccoy

Boston College Law School Faculty Papers

No abstract provided.


Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Carolyn Sabo Mar 2003

Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Carolyn Sabo

Inside UNLV

No abstract provided.


Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko Mar 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment, training, and disability agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers, including those with disabilities, who are seeking employment. Traditionally, service systems have required that consumers and their families who need a variety of services be able to negotiate the culture and language of multiple agencies. With the new WIA legislation, this task is now being required of the agencies themselves. In ...


Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall Mar 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The workforce development system has undergone significant change in the past five years, including the development and implementation of new partnerships. Maintaining the integrity of services and conducting major organizational change has been a challenge for local, state, and federal leaders. Some states have a limited vision of how this new workforce system can operate and the ways in which their customers can benefit from the new partnerships. Other states, however, have embraced the challenge put forth in the Workforce Investment Act (WIA) and have built on previous collaborations or begun new initiatives. This publication discusses some of the challenges ...


The Rise In The Disability Rolls And The Decline In Unemployment, Mark Duggan, David H. Autor Feb 2003

The Rise In The Disability Rolls And The Decline In Unemployment, Mark Duggan, David H. Autor

Health Care Management Papers

Between 1984 and 2001, the share of nonelderly adults receiving Social Security Disability Insurance income (DI) rose by 60 percent to 5.3 million beneficiaries. Rapid program growth despite improving aggregate health appears to be explained by reduced screening stringency, declining demand for less skilled workers, and an unforeseen increase in the earnings replacement rate. We estimate that the sum of these forces doubled the labor force exit propensity of displaced high school dropouts after 1984, lowering measured U. S. unemployment by one-half a percentage point. Steady state calculations augur a further 40 percent increase in the rate of DI ...


Inside Unlv, Gian Galassi, Richard Jensen, Carol C. Harter, Kenneth E. Marks Feb 2003

Inside Unlv, Gian Galassi, Richard Jensen, Carol C. Harter, Kenneth E. Marks

Inside UNLV

No abstract provided.


Fisheries Statutory Management Authority Inquiry Background Paper, H. G. Brayford Feb 2003

Fisheries Statutory Management Authority Inquiry Background Paper, H. G. Brayford

Fisheries management papers

The objective of this paper is to provide factual background to the issues that are likely to be relevant to the Advisory Committee’s considerations and to the interests of stakeholders. It also pulls together relevant reference material and experiences from within WA and from other fisheries jurisdictions in Australia.


Caveat Emptor: Lessons From Volkswagen's Lemon Purchase, Terence Lau Jan 2003

Caveat Emptor: Lessons From Volkswagen's Lemon Purchase, Terence Lau

Management and Marketing Faculty Publications

This article traces Volkswagen's mis-steps in the botched acquisition of Rolls Royce, and solutions are offered for counsel engaged in international transactions with the hope that the practitioner with little experience in the area can avoid similarly embarrassing and costly errors. The article also offers recommendations on how to draft contract clauses for international licensing use, and provides a brief overview of export control regimes counsel should be aware of when engaging in international transactions.


Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann Jan 2003

Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann

Law Faculty Scholarship

This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Significantly, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a tool for improving the quality of health care ...


University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh Dole Act, Clovia Hamilton Jan 2003

University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh Dole Act, Clovia Hamilton

Winthrop Faculty and Staff Publications

Technology transfer enables private industry and academia to make practical use of advanced research, development, and technical expertise. Indeed, universities are a rich source of science and technology that can support local government and business development as well as economic growth. Thus, it is essential for research universities to transfer their wisdom to the public for its use and benefit. Today, universities operate in an economic climate that requires both capital and knowledge; takes advantage of government technology initiatives (namely the Bayh- Dole Act);' and serves as a catalyst for the creation of a large number of new, incubated companies ...


Inside Unlv, Richard Jensen, Donna Mcaleer, Jennifer Vaughan, Cate Weeks, Carol C. Harter, Jeffrey Koep Jan 2003

Inside Unlv, Richard Jensen, Donna Mcaleer, Jennifer Vaughan, Cate Weeks, Carol C. Harter, Jeffrey Koep

Inside UNLV

No abstract provided.


Brief Of Law Professors As Amicus Curiae In Support Of Respondent, Thomas G. Field Jr, William O. Hennessey, Craig S. Jepson, Karl F. Jorda Jan 2003

Brief Of Law Professors As Amicus Curiae In Support Of Respondent, Thomas G. Field Jr, William O. Hennessey, Craig S. Jepson, Karl F. Jorda

Law Faculty Scholarship

Inventors lacking assurance of a market, or even the right to practice patented inventions, face considerable risk. Those who qualify for patents, in return for disclosure, receive only the assistance of the courts in excluding others from economic exploitation of their inventions. Already subject to many legislative and judicial limitations, patents should not be further subject to the functional equivalent of private inverse condemnation without congressional action.


Investor Skepticism V. Investor Confidence: Why The New Research Analyst Reforms Will Harm Investors, John L. Orcutt Jan 2003

Investor Skepticism V. Investor Confidence: Why The New Research Analyst Reforms Will Harm Investors, John L. Orcutt

Law Faculty Scholarship

Part I of this Article provides an overview of research analysts and their basic functions, including a discussion of sell-side analysts' role in the market's recent boom and bust. Part II examines the conflicts of interest that have plagued sell-side research, and Part III reviews the Regulatory Actions that are meant to address these conflicts. In Part IV, the author will make the case for encouraging, rather than lessening, investor skepticism in sell-side research and will explain why the Regulatory Actions are not likely to improve the performance of sell-side analysts. Finally, Part V will offer a simpler proposal ...


Case Studies On The Implementation Of The Workforce Investment Act: Focus On Co-Location, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall Jan 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Co-Location, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Seamless service delivery means that a customer receiving services can move between two or more agencies with limited disruption. Seamless services have not been accomplished when a customer must take a cross-town bus to travel from one agency to another. To address this issue, many One-Stop career centers are looking into how staff from their partner agencies can physically share space. This can range from a single staff person from an agency working in the Center on specific days of the week (itinerant staffing) to all staff from that agency working there on a full-time basis (full co-location). Staff report ...


Corporate Control Transactions: Introduction, Edward B. Rock, Michael L. Wachter Jan 2003

Corporate Control Transactions: Introduction, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


The Case For Replealing The Corporate Alternative Minimum Tax, Terrence R. Chorvat, Michael S. Knoll Jan 2003

The Case For Replealing The Corporate Alternative Minimum Tax, Terrence R. Chorvat, Michael S. Knoll

Faculty Scholarship at Penn Law

No abstract provided.


Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall Jan 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Involving Customers With Disabilities, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Although it is uniformly accepted that customers with disabilities should be involved in the process to create a new workforce system under the mandates of the Workforce Investment Act (WIA), anecdotal evidence suggests this to be more rhetoric than reality. Currently One-Stop Career Centers, workforce boards, and states are struggling with how to solicit and incorporate this important input into the planning process. The following is offered as a tool to help involve customers with disabilities as One-Stop centers are developed. This brief is part of a series of products offering practical solutions for state and local entities as they ...


Case Studies On The Implementation Of The Workforce Investment Act: Focus On Accessibility, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall Jan 2003

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Accessibility, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

Universal access is a central tenet of the Workforce Investment Act (WIA) and mandates that One-Stop Career Center (One-Stop) services be accessible for individuals with disabilities. Partnerships between Vocational Rehabilitation (VR) and workforce development agencies have increased awareness about the importance of service accessibility and states have been responding to this issue in their planning and service delivery. This brief highlights the innovative strategies states have used to make their One-Stops better able to support job seekers with disabilities. This brief is part of a series of products offering practical solutions for state and local entities as they implement the ...