Law Commons^™

Insider Trading Jurisprudence After United States V. O’Hagan: A Restatement (Second) Of Torts 551(2) Perspective , Micah A. Acoba

Cornell Law Review

No abstract provided.

Board Of Pharmacy, Nicole Slanker

California Regulatory Law Reporter

No abstract provided.

Board Of Psychology, Jonathan Steer

California Regulatory Law Reporter

No abstract provided.

Lawyers And Their Discontents: Findings From A Survey Of The Chicago Bar, John P. Heinz, Kathleen E. Hull, Ava A. Harter

Indiana Law Journal

No abstract provided.

International Control Of Cholera: An Environmental Perspective To Infectious Disease Control, Julia A. Jones

Indiana Law Journal

No abstract provided.

Removal And Waiver Of The Eleventh Amendment, Leah M. Krider

Indiana Law Journal

No abstract provided.

Public Utilities Commission, Jonathan Steer, Todd N. Tappe, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Protecting The Cultural And Natural Heritage: Finding Common Ground, Lakshman Guruswamy, Jason C. Roberts, Catina Drywater

Tulsa Law Review

No abstract provided.

Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

This brief describes the experiences of individuals with these illnesses, underlines similarities and differences between the two groups, and provides strategies for disclosure, support, and personal advocacy in the workplace.

Regulating Doctors, Carl E. Schneider

Articles

Alawyer today can hardly speak to a doctor--or even be treated by one-without being assailed by lawyer jokes. These jokes go well beyond good-humored badinage and pass the line into venom and gall. They reflect, I think, the sense many doctors today have that they are embattled and endangered, cruelly subject to pervasive and perverse controls. This is puzzling, almost to the point of mystery. Doctors have long been the American profession with the greatest social prestige, the greatest wealth, and the greatest control over its work. Indeed, what other profession has been as all-conquering? One may need to go …

A Ray Of Light For Judges Blinded By Science: Triers Of Science And Intellectual Due Process, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer

Law Faculty Research Publications

As American health care moves from a professionally dominated to a marketdominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of …

Appellate Practice And Procedure, William M. Droze, Andrea L. Siedlecki

Mercer Law Review

Appellate practice and procedure often dictates the resolution of cases presented for review. Although procedural rules are not implemented in a vacuum, and the particular facts and legal questions raised by each case necessarily determine their application, an analysis of appellate practice provides a valuable tool in assessing judicial trends by portraying the judicial character in a manner that transcends the peculiar circumstances of a given case.

An evaluation of recent appellate practice reveals an increased emphasis on judicial economy and efficiency. During 1998, the Eleventh Circuit appeared aware of the necessity of providing practitioners, parties, and lower courts with …

Environmental Law, W. Scott Laseter, Julie V. Mayfield

Mercer Law Review

Departing somewhat from the format of earlier environmental law survey articles, this Survey devotes substantial attention to a 1998 decision of the United States Supreme Court in a case that arose under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Although that case, United States v. Bestfoods, emerged from the Sixth Circuit, it will almost certainly have important ramifications for Eleventh Circuit jurisprudence in the area of CERCLA operator liability. Further, the case may signal a new conservative leaning by the Supreme Court that may extend beyond the narrow issue of that case to other questions arising under CERCLA. …

Federal Sentencing Guidelines, James T. Skuthan, Rosemary T. Cakmis

Mercer Law Review

The Eleventh Circuit decided several cases this past year covering a broad range of United States Sentencing Guidelines ("U.S.S.G.") issues. Two areas of particular concern were firearms and departures.

Due to the 1995 Supreme Court decision in Bailey v. United States, several defendants had their firearm convictions vacated and were resentenced. Thus, the Eleventh Circuit in 1998 was faced with reviewing these resentencings to determine the applicability of guideline enhancements for firearms.

The court also decided several cases relating to downward departures based on cultural differences, a defendant's impulse control disorder, the over-representation of a career offender's prior record, …

Securities Regulation, David M. Calhoun, L. Briley Brisendine Jr.

Mercer Law Review

This Article surveys significant cases decided by the United States Supreme Court and the United States Court of Appeals for the Eleventh Circuit during 1997 and 1998 in the area of securities regulation.

I. APPLICATION OF THE MISAPPROPRIATION THEORY TO LIABILITY UNDER SECTION 10(B) AND RULE 1OB-5; CONFIRMATION OF COMMISSION'S RULEMAKING AUTHORITY UNDER SECTION 14(E)

II. ADOPTION OF THE "USE TEST" IN INSIDER TRADING VIOLATIONS UNDER SECTION 10(B)

III. APPLICATION OF ANTIFRAUD SECURITIES LAWS TO STOCK APPRECIATION RIGHTS

IV. DEFINITION OF "SECURITY"

V. EFFECT OF BANKRUPTCY ON CIVIL DISGORGEMENT AWARD

Trial Practice And Procedure, Philip W. Savrin, Robert W. Capobianco

Mercer Law Review

This Article surveys the 1998 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

II. STATUTE OF LIMITATIONS

III. JURISDICTIONAL ISSUES

IV. PREEMPTION

V. ABSTENTION

VI. APPELLATE JURISDICTION

VII. MISCELLANEOUS

Burlington Industries, Inc. V. Ellerth: An Affirmative Defense Against Employer Liability For Supervisory Harassment, Joyelle K. Werner

Mercer Law Review

In Burlington Industries, Inc. v. Ellerth, the Supreme Court held that an employer is vicariously liable for its supervisor's harassment that creates a hostile work environment, subject only to the affirmative defense that the employer "exercised reasonable care to prevent and correct" the harassment and that the "employee unreasonably failed to take advantage" of the employer's remedial procedure or corrective opportunities offered after the fact.

Environmental Justice: Is Disparate Impact Enough?, Jimmy White

Mercer Law Review

"Not in my backyard!" This simple statement and the vigorous efforts to enforce it have resulted over the last sixteen years in a growing movement in minority communities in search of what has been termed "environmental justice." It is claimed by activists, and proven in numerous studies, that minorities are more likely to be affected by the siting of hazardous waste facilities and the permitting of other hazardous waste producers than are whites. The causes of these inequities are neither uniform nor easily identifiable. Unfortunately, remedies may be equally elusive. Lack of resources, political power, and practical knowledge have proven …

Montana's Role In The Free Speech Vs. Equal Speech Debate, James J. Lopach

Montana Law Review

Montana's Role in the Free Speech vs. Equal Speech Debate

Negotiated Rulemaking: Involving Citizens In Public Decisions, Matthew J. Mckinney

Montana Law Review

Negotiated Rulemaking: Involving Citizens in Public Decisions

Anatomy Of A Governance Transformation: The Case Of Daimler-Benz, Dennis E. Logue, James K. Seward

Law and Contemporary Problems

Logue and Seward examine the evolutionary transformation in the corporate governance structure of Daimler-Benz AG, the largest German industrial company. Over the last several years, Daimler-Benz has taken numerous steps toward prioritizing shareholder value more intensely than ever before.

The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh

Law and Contemporary Problems

Little attention has been paid to how the governance structures of public corporations adapt to structural changes in the social, political, economic and legal environments in which they operate. Bradley et al chronicle the recent changes in the conduct of business enterprise and establish the necessary conditions for a system of corporate governance capable of accommodating these changes.

Comment On Dunfee, A. A. Sommer Jr.

Law and Contemporary Problems

Sommer comments on the framework provided by Dunfee in which managers can make rational--and rationalized--decisions as to when ethical considerations may supersede shareholder interests.

Preemption And Federalism In Corporate Governance: Protecting Shareholder Rights To Vote, Sell, And Sue, Robert B. Thompson

Law and Contemporary Problems

Thompson examines the changed roles of the state and federal governments since the enactment of the Securities Litigation Uniform Standards Act of 1998. He notes that these changes have created a greater dependence on federal law, a greater emphasis on the voting function of shareholders, and the likelihood of additional argument over traditional corporate issues.

The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott

Law and Contemporary Problems

Focusing on Part X of the UK's Companies Act 1985, DeMott draws contrasts with corporate law in the US. Part X has a style and feel that is distinctly different from counterpart provisions in the US corporate statutes.

Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

The Internet: "Full And Unfettered Access" To Law -- Some Implications, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Cornell Law Faculty Publications

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement.

In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation. …