Law Commons^™

The Devil Made Me Do It: Replacing Corporate Directors' Veil Of Secrecy With The Mantle Of Stewardship, Constance E. Bagley, Karen L. Page

San Diego Law Review

This Article argues that the nature of the corporate form coupled with an exclusive focus on shareholder value leads to economically and socially inefficient results. The "profit maximization" view of directors' duties ignores the historical reasons why corporations were given special privileges, such as limited liability, by the state. This narrow view should be replaced with a doctrine of stewardship that imposes a more comprehensive view of the corporation's and directors' responsibility to manage the vast resources held in corporate form. This broader view is consistent not only with the values of a free market economy, but also with modem …

An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan

Articles

Certain queer theorists argue that gay men and lesbians are banned from military service in certain countries not due to a fear of otherness. Instead, they are prohibited from serving precisely because of a fear that the opposite might be true -- that introducing openly gay people into a 'homosocial' environment might destabilize accepted notions of sexuality among members of the service who presently constitute themselves as heterosexual. This article explores that idea in the context of the Report of the Homosexual Policy Assessment Team established to defend exclusion of openly gay people from military service in the United Kingdom. …

The Social Implications Of The Use Of Stored Tissue Samples: Context, Control, And Community, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Social Implications Of Genetic Testing, Karen H. Rothenberg

Faculty Scholarship

This paper examines the social implications of predictive genetic testing and its impact on the insurance industry. Although the Human Genome Project has the potential to improve the health of our nation, it also may serve as a means of highlighting genetic differences among individuals and ethnic groups. Thus, if we are to reach the full promise of the Project, society must address the public's fears of genetic discrimination in insurance and employment context. Following an analysis of state and federal legislation on genetic privacy and discrimination, the paper concludes with a challenge to the insurance industry to work with …

Congressional Accountability And Denial: Speech Or Debate Clause And Conflict Of Interest Challenges To Unionization Of Congressional Employees , James J. Brudney

Faculty Scholarship

In 1995, Congress passed the Congressional Accountability Act, which applied federal workplace and anti-discrimination laws to Congress. Under the terms of the Act, Congress can prevent legislative staff from unionizing if the presence of organized employees would raise constitutional problems or present a conflict of interest. In this Article, Professor Brudney argues that these constitutional conflicts and issues do not pose sufficient concern to outweigh the workplace rights of congressional staff. Rather, he maintains that Congress, should either fulfill its obligations under the Act and allow legislative staff to unionize, or else enact a statute and explain the need for …

Justice Without Justices, John O. Mcginnis

Articles

No abstract provided.

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Articles

No abstract provided.

Farewell Madison Avenue, Marci A. Hamilton

Articles

No abstract provided.

A Brief Note On Database Protection And The United States, Marci A. Hamilton

Articles

No abstract provided.

The Flawed Compromise Of 10 U.S.C.§ 654: An Assessment Of The Military's "Don't Ask, Don't Tell" Policy, Aaron A. Seamon

University of Dayton Law Review

No abstract provided.

The Continued Existence And Benefit Of Medicine's Autonomous Law In Today's Health Care System, Ken Marcus Gatter

University of Dayton Law Review

No abstract provided.

State Liability For Environmental Violations: The U.S. Supreme Court’S 'New' Federalism, Robert L. Glicksman, Stephen R. Mcallister

GW Law Faculty Publications & Other Works

This article examines whether the Supreme Court’s decisions in Alden v. Maine, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, and Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, restrict the ability of Congress to regulate state compliance with federal environmental statutes. The article discusses the various enforcement mechanisms identified in Alden v. Maine and that remain valid, notwithstanding any Eleventh Amendment or constitutional immunity the States may retain. The article concludes that the Supreme Court’s federalism decisions will likely have limited practical impact upon Congress’ authority to enact and ensure the enforcement of environmental statutes.

Antitrust Policy: A Century Of Economic And Legal Thinking, William E. Kovacic, Carl Shapiro

GW Law Faculty Publications & Other Works

Passage of the Sherman Act in the United States in 1890 set the stage for a century of jurisprudence regarding monopoly, cartels, and oligopoly. Among American statutes that regulate commerce, the Sherman Act is unequaled in its generality. The Act outlawed every contract, combination or conspiracy in restraint of trade and monopolization and treated violations as crimes. By these open-ended commands, Congress gave federal judges extraordinary power to draw lines between acceptable cooperation and illegal collusion, between vigorous competition and unlawful monopolization.

By enlisting the courts to elaborate the Sherman Act's broad commands, Congress gave economists a singular opportunity to …

Judicial Review Of The Manual For Courts-Martial, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In the Manual for Courts-Martial, the President of the United States has established the procedural, evidentiary, and other rules that govern many aspects of the military justice system. This article describes and analyzes nine arguments that litigants have advanced when asking courts to ignore or invalidate Manual provisions: (1) The Manual provision is merely precatory; (2) The Manual provision conflicts with the Uniform Code of Military Justice (UCMJ); (3) The Manual provision conflicts with another Manual provision; (4) The Manual provision conflicts with a federal regulation; (5) The President lacked authority to promulgate the Manual provision; (6) The Manual provision …

An Anthropological Approach To Modern Forfeiture Law: The Symbolic Function Of Legal Actions Against Objects, Paul Schiff Berman

GW Law Faculty Publications & Other Works

In 1996, the Supreme Court issued two opinions, Bennis v. Michigan and United States v. Ursery, emphasizing the constitutionality of civil forfeiture schemes under both the Due Process and Double Jeopardy Clauses of the Fifth Amendment. These decisions, and civil forfeiture schemes generally, have faced strong criticism from scholars and civil libertarians. Among the arguments advanced against civil forfeiture has been one based on its origins. The so-called "legal fiction" underlying forfeiture is that the government is acting against the property itself, rather than against the owner. Commentators have traced this fiction to the Middle Ages. Under the law of …

The Silent Resurrection Of Plessy: The Supreme Court’S Acquiescence In The Resegregation Of America’S Schools, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

This article argues that the modern Supreme Court is engaging in Plessy-like reasoning to permit segregation. The article argues that the Supreme Court relies on three rationales, all consistent with Plessy, that have resulted in the erosion of school integration: 1) segregation reflects private preferences, 2) we should defer to local governments, and 3) separate schools can result in equal quality of education for all children. The article provides an overview of the case law demonstrating this pro-Plessy bent of the Court and insists that the Court return to the reasoning of Brown to better ensure high quality education for …

A Modest Proposal To Enhance Civil/Military Integration: Rethinking The Renegotiation Regime As A Regulatory Mechanism To Decriminalize Cost, Pricing, And Profit Policy, William E. Kovacic, Steven L. Schooner

GW Law Faculty Publications & Other Works

Neither Congress, the procuring agencies, the media, nor the public will condone government contractors reaping what are perceived as excessive profits. Accordingly, the procurement process employs an unduly complex, burdensome, risk-laden, and ineffective mechanism that erects significant barriers to civil/military integration. This paper (presented at the 1999 Defense Systems Management College (DSMC) Acquisition Research Symposium) examines certain policy implications associated with the Truth In Negotiations Act (TINA), the existing audit regime, and the use of criminal and civil anti-fraud measures to scrutinize deviations from these complex cost, pricing, and profit policies and controls. It re-visits the long-extinct Renegotiation Act and …

When You Wish Upon A Star: Explaining The Cautious Growth Of Royalty-Backed Securitization, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

This article focuses on the phenomenon of securitizing future royalties of entertainers, illustrating why securitzation of such royalties has not been embraced more enthusiastically. The article begins by describing the securitization process in general and the differences between mortgage-backed and asset-backed securities. The article then examines the benefits of securitization as applied to entertainment royalties. Benefits of securitization include immediate liquidity, less expensive capital, and diversification of the suppliers of the originator’s funding. However, securitization does not make sense for many entertainers unless they need large sums of cash. Moreover, securitizing royalties may not be viable because it creates a …

Introduction: What Makes A Field A Field, W. Burlette Carter

GW Law Faculty Publications & Other Works

The article considers whether the field of "Sports Law" is a separate legal field or merely a subfield of other established legal fields (e.g., criminal law, contracts, etc.) In so doing, it considers causes us to consider a legal area of inquiry "a field." It begins with offering an historical overview of the development of "Sports Law" and considers whether the course of study is properly described as “Sports Law” or “Sports and the Law?” It provides reasons in support of embracing the study of sports law in the law school curriculum and suggests in a final section that …

The International Criminal Trial Project [Research Work In Progress], Mark Findlay

Research Collection Yong Pung How School Of Law

The debate surrounding the establishment of the International Criminal Court provides a critical example of the conflation of political imperative and criminal justice. In addition, it keenly identifies the manner in which the criminal trial (and its procedures) are viewed by the "international community" as crucial to the resolution of global conflict. The political push for an international criminal law, and its institutions, recently has relied on the connection between the image of a "just" international military intervention, and the necessity to punish "crimes" which either justified that intervention or were perpetrated by those opposed to it. At the conclusion …

Company Law, Pearlie Koh, Victor Yeo

Research Collection Yong Pung How School Of Law

No abstract provided.

The Over Friendly Skies Of Asean? A Legal Framework, Austin Ignatius Pulle

Research Collection Yong Pung How School Of Law

No abstract provided.

Labuan- Aseans Very Own International Offshore Tax Haven, Austin Ignatius Pulle

Research Collection Yong Pung How School Of Law

No abstract provided.

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.

On The Threshold Of The Adoption Of Global Antibribery Legislation, Barbara C. George, Kathleen A. Lacey, Jutta Birmele

Vanderbilt Journal of Transnational Law

This Article will (1) briefly discuss domestic U.S. anti-corruption efforts through a review of the substantive content of the 1977 FCPA and its 1988 amendments; (2) evaluate indicators of changes in domestic attitudes and policies toward business corruption as evidenced by the breadth and scope of recent increased enforcement activities of DOJ and the SEC; (3) analyze the factors causing recent changes in international attitudes and policies toward business corruption; and (4) examine the resulting international efforts to combat business corruption by governmental and non-governmental organizations, financial standard setting organizations, and financial institutions.

The Inevitability Of Nimble Fingers? Law, Development, And Child Labor, Katherine Cox

Vanderbilt Journal of Transnational Law

This Article examines development issues that are raised in a legal analysis of international human rights law relating to child labor. In so doing it highlights some of the weaknesses of the present legal approach to the problem. In order to demonstrate better the weaknesses of the system, India is used as an example of a developing country where some of the development issues raised in the legal analysis arise. The second Part of this Article defines the concept of child labor. It undertakes a comprehensive analysis of international legal instruments that deal with the topic of child labor and …

Non-Immigration Visa Fraud: Proposals To End The Misuse Of The L Visa By Transnational Criminal Organizations As A Method Of Illegal Immigration, Amy Mccallen

Vanderbilt Journal of Transnational Law

This Note examines why the L visa is particularly vulnerable to multinational fraud and proposes both a domestic and an international solution to combat this abuse. Part II of this Note addresses the governmental policies behind the L visa. This section provides an overview of the origins of the transnational company and discusses the reasons why Congress created the L visa to meet the needs of this specialized segment of international business.

Part III analyzes the bifurcated approval process for an L visa. This section surveys the requirements for the L visa and discusses why Congress believed these requirements were …

The Evolution Of The Fresh-Start Policy In Israeli Bankruptcy Law, Rafael Efrat

Vanderbilt Journal of Transnational Law

A fresh-start policy in bankruptcy provides the honest but financially troubled individual some form of financial relief in an attempt to provide him with an opportunity to productively reintegrate into the economy and society. While some countries today provide broad financial relief to individuals who resort to bankruptcy protection, many countries have retained a largely limited as well as punitive fresh-start policy.

This Article explores the evolution of the fresh-start policy in Israel. While it briefly examines the attitudes and practices adopted towards financially troubled individuals historically in the Jewish tradition, it focuses on tracing those attitudes and practices to …

Leveling The Playing Field For Religious "Liberty" In Russia:, Afina Lekhel

Vanderbilt Journal of Transnational Law

The purpose of this Note is to present a more comprehensive framework for analyzing the status of religious human rights in Russia after the enactment of the new law. Following the insights of an eminent scholar on law and religion, Prof. Harold J. Berman, the topic may be evaluated with a view to positive law (Zakon), moral theory (Pravo), and Russian historical experiences. Generally, positive law refers to domestic legal norms. Moral theory also stems primarily from domestic supra-legal sources, but it may connote global human rights principles where a state subscribes to monism, as Russia currently does. Historical contingencies …

Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier

Vanderbilt Journal of Transnational Law

Judicial and constitutional conservatism have allowed Irish defamation law to remain remarkably close to its English common law origins. But the common law of defamation was not designed for a modem democracy with a free press, and Ireland's libel laws have a profound effect upon freedom of expression. If Ireland is to be a modern democracy, as its constitution asserts that it is, and the European Convention on Human Rights demands, it must protect a core area of free expression in order to allow the press (without the fear of repercussion) to keep the public informed about matters of concern. …