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Articles 1 - 24 of 24
Full-Text Articles in Law
Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro
Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro
Michigan Law Review
In the late 1980s, a series of well-publicized defense contractor abuses brought the ordinarily obscure topic of government contracting into the public eye. These abuses included not only instances of seemingly wasteful charges, like the infamous $600 toilet seat, approved by a complicit Department of Defense, but also examples of truly fraudulent activity such as knowingly overbilling and supplying inferior quality goods. The fraud cases grabbed the public attention for three primary reasons. First, enormous sums of money were involved. Second, the nature of the fraud often posed a direct danger to United States troops, potentially compromising "national security." Finally, …
Primary Liability Amongst Secondary Actors: Why The Second Circuit’S “Bright Line” Standard Should Prevail, Mary M. Wynne
Primary Liability Amongst Secondary Actors: Why The Second Circuit’S “Bright Line” Standard Should Prevail, Mary M. Wynne
Saint Louis University Law Journal
No abstract provided.
To Know A Veil, Douglas C. Michael
To Know A Veil, Douglas C. Michael
Law Faculty Scholarly Articles
Lawyers, judges, law students, and law professors have a love-hate relationship with the doctrine of “piercing the corporate veil”—the idea that shareholders might sometimes be personally liable for the debts of the corporation. It is the subject covered more than all others in courses on corporation law. It is widely litigated, being the subject of thousands of opinions. Yet, for all this attention, it is routinely vilified by the experts. Most commentators recognize that it is jurisprudence without substance.
This Article is an attempt to form a basis for rigorous analysis of virtually every veil-piercing case and to rid the …
Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl
Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl
Law Faculty Articles and Essays
As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.
This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …
Struggling Paradigms In A Friction-Free World: Liability For Content In Post-Print Culture, Nicolas P. Terry
Struggling Paradigms In A Friction-Free World: Liability For Content In Post-Print Culture, Nicolas P. Terry
Saint Louis University Law Journal
No abstract provided.
Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort
Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort
Law and Contemporary Problems
There can be no successful reform of the system of capital-raising regulation in the US without rethinking the liability regime. Reform is long overdue and can readily be accomplished in a way that does not unnecessarily compromise investor protection.
States Starting To Offer Legal Protection For Apology, Richard C. Reuben
States Starting To Offer Legal Protection For Apology, Richard C. Reuben
Faculty Publications
There is a small trend a-foot in the state legislatures, and a welcome one at that: Providing some legal protection for people who want to apologize for their role in a harm, but who are fearful because of the possibility that their apologies will later be used against them in legal proceedings.
Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene
Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene
Law and Contemporary Problems
On Apr 8-9, 1999, more than sixty securities lawyers, regulators and academics participated in a roundtable discussion in Washington DC on what should be the future content of the US securities laws. A summary of the discussions is presented.
The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness
The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness
Law Faculty Scholarly Articles
There have been a number of tragic incidents during the past few years in which mentally unstable teenagers have carried guns into school and shot teachers and fellow students. These schoolyard killings have generated an intense debate about the problem of violence in our society. Some social commentators have attributed teenage violence to the widespread availability of firearms, while others blame parental neglect, lack of discipline in the schools, or the declining influence of religion and morality in contemporary culture. However, another source of concern is the popular media, which stands accused of purveying sex and violence on a massive …
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Michigan Telecommunications & Technology Law Review
Though the rapid development of the Internet has created a fertile ground for legal innovation, more often than not legislators and courts have sought to address this relatively new medium by attempting to squeeze it into precedents and paradigms better suited to older forms of communication, technology, and media. Part I of this article looks back at the courts' initial efforts at addressing defamation via the Internet. From the start the courts attempted to fit the role of the ISP into the common law's categorizing of print media as either "publishers" or "distributors" of information. One court's misstep in overextending …
Supervisors Individually Liable Under The Iowa Civil Rights Act, Tory L. Lucas
Supervisors Individually Liable Under The Iowa Civil Rights Act, Tory L. Lucas
Faculty Publications and Presentations
Using federal law, Title VII of the Civil Rights Act of 1964, as a model, the State of Iowa enacted the Iowa Civil Rights Act of 1965 (ICRA) to strengthen anti-discrimination laws on a state level. But the ICRA was not simply a carbon copy of Title VII; instead, the ICRA contained its own unique language, which provided state-specific distinctions to further the interests of Iowans. For thirty-four years, it was an open question as to whether the ICRA authorized individual liability against supervisory employees — as opposed to only employers — for unlawful discrimination. In Vivian v. Madison, 601 …
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Faculty Articles
No abstract provided.
Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas
Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas
ILSA Journal of International & Comparative Law
The Convention for the Prevention and Punishment of the Crime of Genocide' protects "national, ethnical, racial and religious" groups from intentional physical destruction.
Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson
Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson
Scholarly Publications
The taxpayer rights movement has been a driving force of tax legislation and administration for over a decade. It has produced the Taxpayer Bill of Rights (TBOR) in 1988, the Taxpayer Bill of Rights 2 (TBOR2) in 1996, the Taxpayer Bill of Rights 3 (TBOR3) in 1998, lesser statutory initiatives, and an array of important administrative changes by the Service. While the future of the movement can be debated, it is clear that, for now, it remains a force to be reckoned with in tax policy.
This article advances a proposal to extend and complete one thrust of the taxpayer …
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
Faculty Publications
This Article examines the theoretical justification for the insurer's asserted right to reimbursement of defense costs incurred in defending noncovered claims. Part I sketches some details about the duty to defend which are necessary prerequisites to exploring any claim to a right of reimbursement. Part II discusses the rationale offered by most courts and commentators for recognizing the right to reimbursement: under the law of restitution, the insurer who defends a noncovered claim bestows a benefit on the policyholder which, in justice, ought to be returned. This Part concludes that a reasoned argument can be made in support of the …
Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange
Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange
Fordham Law Review
No abstract provided.
How Health Care Attorneys Can Discern Vernon, Successor Liability And Settlement Issues, Greg Radinsky
How Health Care Attorneys Can Discern Vernon, Successor Liability And Settlement Issues, Greg Radinsky
Saint Louis University Law Journal
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Liability Issues Facing Online Businesses, David E. Shipley
Liability Issues Facing Online Businesses, David E. Shipley
Scholarly Works
Online businesses are confronted by a wide variety of liability issues covering almost the full range of the standard law school curriculum. The liability problems that face a small business in Vidalia, Georgia, which is selling Vidalia onion products at specialty stores, through print advertising, and by mail, do not go away when the business starts marketing through a Web site. In fact, there might be more exposure doing business online, and there are variations depending upon the nature of the business in question. For example, as discussed below, an Internet Service Provider ("ISP") like America Online has worries that …
Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler
Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler
San Diego Law Review
The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from the courts than do the consumers of products or medical services.
To (B) Or Not To (B): The Future Of Aider And Abettor Liability In South Carolina, Josephine T. Willis
To (B) Or Not To (B): The Future Of Aider And Abettor Liability In South Carolina, Josephine T. Willis
South Carolina Law Review
No abstract provided.
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Susan D. Franck
International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article examines the nature of the relationship between the parties and the arbitrators. It then explores how a variety of countries address the issues of arbitrator liability or immunity from the common law, civil law and Islamic law perspectives. The article ultimately recommends the adoption of a qualified immunity standard, which balances the needs for arbitrators to function independently …