Law Commons^™

United States V. O'Hagan: Defining The Limits Of Fraud And Deceptive Pretext Under Rule 10b-5, Theodore C. Mccullough

Seattle University Law Review

This Note argues that broadening the present embezzlement model of the Rule 10b- 5 misappropriation theory will more fully reflect both the language and intent of § 10(b) (of the 1934 Securities Exchange Act) and Rule 10b-5, and more importantly accommodate the sophistication of today's insider trading schemes. Part II of this Note examines the uses of inside information both prior to and after the creation of the 1934 Securities Exchange Act, and how § 10(b) and Rule 10b-5 were created to proscribe these uses. Part III examines the language and intent behind § 10(b) and Rule 10b-5 and argues …

Teaching A New Paradigm: Must Knights Shed Their Swords And Armor To Enter Certain Adr Arenas?

Cardozo Journal of Conflict Resolution

No abstract provided.

The State Of The States: Dispute Resolution In The Courts

Cardozo Journal of Conflict Resolution

No abstract provided.

Cole V. Burns International Security Services: Mandatory Arbitration Of Statutory Discrimination Claim, John A. Gray

University of Baltimore Law Forum

No abstract provided.

Commentary: 1998 Spring Commencement Speech, Martha Frisby Rasin

University of Baltimore Law Forum

No abstract provided.

Industrial Espionage As Unfair Competition, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

From Grievance And Complaint To Sanction: Understanding & Bearing The Burden, John P. Sahl

Akron Law Faculty Publications

This article explores the complex and often opaque process of judicial and attorney discipline, focusing on the path from initial grievance to final sanction. It critically examines how complaints are evaluated, how disciplinary bodies function, and the burdens placed on both the complainant and the accused within this system. The author discusses procedural hurdles, evidentiary standards, and the discretionary nature of disciplinary outcomes, highlighting how these factors can lead to inconsistencies and perceived injustices. The article emphasizes the emotional, professional, and reputational toll on individuals involved and underscores the need for transparency, fairness, and support structures within the disciplinary process. …

Investors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson

Akron Law Faculty Publications

This Article examines the derivatives market, its regulation and the concept of suitability as it applies - and should be applied - to the derivatives market. The Article first provides an overview of the derivatives market. Next, the Article reviews the existing regulatory framework to which derivatives transactions and derivatives dealers are subject and also discusses the various legal actions that can be brought based on suitability claims. The Article argues against the imposition of suitability rules to OTC derivatives dealers and instead emphasizes the need to view OTC derivatives transactions as arm's length transactions. Finally, the Article identifies ways …

Long-Term Care Financing Crisis - Recent Federal And State Efforts To Deter Asset Transfers As A Means To Gain Medicaid Eligibility, Krisin A. Reich

North Dakota Law Review

No abstract provided.

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.

Criminal Law, Kerry P. Fitzgerald

SMU Law Review

No abstract provided.

Texas Civil Procedure, A. Erin Dwyer, Donald Colleluori, Gary D. Eisenstat

SMU Law Review

No abstract provided.

Blood As A Biological "Drug": Scientific, Legal, And Policy Issues In The Regulation Of Placental And Umbilical Cord Stem Cell Transplantation, Jennifer Kulynych

University of Richmond Law Review

Not all blood cells are created equal. Some are born, carry out their appointed tasks-red blood cells oxygenating the blood, white blood cells fighting infection-and die. But an elusive subset have special properties: they are the progenitors of all the many types of peripheral (circulatory) blood cells, and as such, they have the potential to reconstitute an entire blood supply. Known as hematopoietic stem cells, these blood cells reproduce indefinitely. For patients with leukemia or other blood diseases, the transplantation of hematopoietic stem cells from another person's bone marrow can provide the gift of life.

Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons

University of Richmond Law Review

This is an interview of Judge Robert R. Merhige, Jr of the Eastern District of Virginia.

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

The antitrust laws are a minefield for the uninitiated. Indicative of this reality is the fact that there were no successful civil lawsuits alleging a violation of the antitrust laws brought in Virginia over the past year. A number of conspiracy, monopolization and price discrimination cases were attempted, but they all failed for a variety of reasons outlined in greater detail below. In contrast to the national trend, no antitrust cases with regard to health care were decided in Virginia during the past year. The absence of such cases represents a dramatic change from previous experience, which perhaps reflects the …

Annual Survey Of Virginia Law: Reform Of Adult Guardianship Law, John E. Donaldson

University of Richmond Law Review

The past two years have been especially significant for those subject to or involved in Virginia's system for providing court-appointed fiduciaries for incapacitated adults. Major legislation enacted in the 1997 Session of the Virginia General Assembly substantially reformed, clarified and restated the statutory system. Generally, the 1997 legislation became effective January 1, 1998. Further changes and refinements were made in the 1998 Session. The new system is more rational, coherent, unified and sensitive to the needs and rights of incapacitated adults than the system it replaces.

From Stockholm To Kyoto And Back To The United States: International Environmental Law's Effect On Domestic Law, Joel B. Eisen

University of Richmond Law Review

We Americans think we're so darned smart. We invented modern environmental law, developed its sophisticated "command-and-control" structure, got the public involved as never before in fighting corporate polluters, and achieved measurable successes by getting lead out of our air and bald eagles back from near extinction. We've even tried "second generation" tools such as emissions trading systems' and incentive-based regulatory flexibility approaches when we discovered our system's limitations. Not that we've got it all figured out, mind you, but we're inclined to think of ourselves as world leaders when it comes to environmental protection.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence

Faculty Publications

The rigors of employment-directed undergraduate education. and decreased emphasis on "Liberal Arts" studies occurring at some colleges and universities has left many graduates with a level of scientific understanding which is inadequate to make infonned choices about issues which effect the environment. To address this lack of scientific understanding. the Chesapeake Bay National Estuarine Research Reserve (Virginia) and the Virginia Institute of Marine Science, with the Marshall-Wythe School of Law and the School of Business Administration of the College of William and Mary are developing a Coastal Ecosystem Science Program to teach future law and business professionals the basics of …

Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone

Faculty Publications

No abstract provided.

Reinventing Bakke, Alan J. Meese

Faculty Publications

No abstract provided.

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.

The Evolution Of Health Care Decision Making: The Political Paradigm And Beyond, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

The ascendancy of the political paradigm as the primary mode of health care decision-making is a natural evolutionary reaction to the unrestrained market paradigm. Although a certain of political intrusion into the health care marketplace is both necessary and useful, it has the potential to unravel the efficiencies achieved by managed care. Overzealous intervention in the health care market in the name of "reform" may cause the health care decision-making pendulum to swing back to the provider paradigm, with its tendency to escalate health care costs and diminish access. One possible way to achieve decision-making equilibrium and and end the …

[1997 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Peter H.F. Bekker

Journal Articles

The most significant developments in 1997 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the United Nations Compensation Commission (a quasi-tribunal), the International Tribunal for the Law of the Sea, the Iran-United States Claims Tribunal, and the proposed permanent International Criminal Court. Other significant developments relating to the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and dispute settlement within the World Trade Organization are detailed in other reports in this issue.

[1997] Enforcement Of Foreign Judgments, Roger P. Alford, Christopher Gibson

Journal Articles

From the Article

As was the case last year, neither the Supreme Court nor Congress addressed the general area of enforcement of foreign judgments in 1997. The new cases therefore continue to reflect the well established comity principles articulated in the Supreme Court's seminal 1895 decision in Hilton v. Guyot. Several developments occurred with respect to two cases that were discussed in last year's section, and these cases are given first treatment below.

Inculcating Constitutional Values, William K. Kelley

Journal Articles

CONSTITUTIONAL LAW. By Gerald Gunther & Kathleen M. Sullivan. Westbury, New York: Foundation Press. 13th edition, 1997. Pp. xciii, 1553. Cloth, $55.95.

CONSTITUTIONAL LAW. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet. Boston: Aspen Law and Business Education. 3d Edition, 1996. Pp. ciii, 1814. Cloth, $60.00.

The two leading casebooks on Constitutional Law - one an acknowledged classic and the other fast on its way to becoming one - were recently released in new editions at a time when the challenges facing casebook authors seem greater than ever. Despite the Supreme Court's …

Kann Das Deutsche Verfassungsrechtsdenken Vorbild Fur Die Vereinigten Staaten Sein?, Donald P. Kommers

Journal Articles

Mein Thema läßt sich am besten als Frage formulieren: Was können wir Amerikaner von der Erfahrung der Deutschen mit dem Grundgesetz lernen? Diese Frage wurde für gewöhnlich in der anderen Richtung gestellt, näm lich: Was haben die Deutschen vom amerikanischen Verfassungsrecht ge lernt oder was sollten sie von ihm lernen?

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

Journal Articles

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

No-Fault Laws And At-Fault People, Margaret F. Brinig, F. H. Buckley

Journal Articles

Absent transaction costs, the Coase Theorem suggests that divorce reform would work no change in the frequency of divorce but perhaps would alter the distribution of marital wealth. However, divorce does involve substantial process costs, which no-fault lowered. This paper explores the question of what happened to state divorce rates because of the legal changes wrought by the family law revolution that began in the 1970s, isolating the effect of the legal variable from other demographic and social factors that might also explain the variation in divorce rates across states and across time.

Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The author expected the Court to address the issue of under what circumstances an employer is liabile under title VII of the Civil Rights Act of 1964 for a supervisor's sexual harassement that creates a hostile work environment.