Law Commons^™

Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith

Faculty Scholarship

Corporate law expresses a profound ambiguity toward the role of shareholders. Courts announce that shareholders are critical to the theory that legitimates the exercise of power - by directors and officers over vast aggregations of property that they do not own. At the same time shareholders have a very difficult time actually making any corporate decisions. In this Article, we strive to define a new role for shareholders by drawing on economic theories of the firm and the structure of corporate law. More particularly we examine the role of shareholders in hostile corporate takeovers, the area where the interests of …

When Hope Unblooms: Chance And Moral Luck In The Fiction Of Thomas Hardy, Jil Larson

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 20, 2001.

2001 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

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale

Human Rights & Human Welfare

A review of:

Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.

Santa Clara Magazine, Volume 43 Number 2, Fall 2001, Santa Clara University

Santa Clara Magazine

4 - A GRAND WEEKEND By Adam Breen. At the Grand Anniversary Weekend in June, thousands of alumni, family, and friends gathered to celebrate 150 years of Santa Clara University.

12 - MUSICAL CHAIRS By Jacqueline Tasch. Peter Minowitz loves an audience, whether it is the students in his political science classes or the jazz lovers in local clubs.

14 - ASK THE EXPERTS By Elizabeth Kelley Gillogly '93. Santa Clara University ambassadors help recruit future Broncos.

16 - LESSONS FROM EL SALVADOR By Douglas Sweet. Faculty and students reflect on a spring break "immersion" trip, which for some was …

The U.S. Health Care System: Best In The World, Or Just The Most Expensive?, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

For many years, politicians and insurance companies could blithely proclaim that the U.S. had the best health care system in the world, but as its major shortcomings become more visible, Americans are finding it harder to accept this assertion. The 42.6 million people in the U.S. currently without health insurance are acutely aware that our health care system is not working for everyone, and there is growing recognition that the major problems of rising costs and lack of access constitute a real crisis. However, the search for solutions has not been easy or clear cut. Policymakers often attempt to address …

Santa Clara Magazine, Volume 43 Number 1, Summer 2001, Santa Clara University

Santa Clara Magazine

2 - 150TH ANNIVERSARY MEMORIES In honor of SCU's sesquicentennial year, alumni reflect on their Bronco experiences.

4 - "SHEN FU" LEARNED THE GRACE OF ANGER By Tennant Wright, S.J. A friend shares his memories of Philip Oliger, S.J., who taught him that "passion is the sign that we are alive."

14 - WINGING IT By Adam Breen. Professor Bill Stover is a volunteer pilot for The Flying Doctors, a humanitarian group that brings free basic health and dental care to underprivileged communities in Mexico.

18 - SAVING GRACE By Elizabeth Kelly Gillogly '93. Santa Clara University's 150 years come …

Organizational Demonization: The Fbi As Sinner, Ibpp Editor

International Bulletin of Political Psychology

This article describes several descriptive attributions that might "explain" the Federal Bureau of Investigation (FBI) not providing all available information relevant to criminal cases to parties legally authorized to receive such information.

Trends. Accountability In Security Organizations: The Case Of The United States Navy, Ibpp Editor

International Bulletin of Political Psychology

Controversy surrounds the adjudication of the United States Navy (USN) commander whose submarine collided with and then sank a Japanese fishing boat in February 200l. The USN has Issued a letter of reprimand to the commander and is allowing him to leave the Navy with full pension based on his current rank, as opposed to authorizing a court-martial that would have rendered the commander liable to very serious criminal charges and sentences. At Issue have been the effects of the adjudication on military personnel aware of the adjudication.

Labor's Demographics Report For 2001, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

According to the U.S. Department of Labor, in 2000 the actual number of union members in the U.S. declined by 219,000 from the previous year. The percentage of U.S. wage and salary workers who were unionized dropped from 13.9 percent in 1999 to 13.5 percent in 2000. In comparison, during 1999 the number of union members increased by 266,000. Historically, this increase comprised the largest annual growth in union membership in twenty years. Not since 1979, did a larger increase occur with workers joining unions.2 The decrease in the number and percent of union members in 2000 reflects the continued …

College Sports Wagering: A Case Study About Gambling On College Athletics And The Motivations And Consequences Surrounding Legislation Wanting To Ban Wagering On College Sports, Neil H. Huffey

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sports wagering is the largest form of gambling in the world. In the United States, the practice is largely illegal. Nonetheless, it has sustained incredible growth both legally and illegally throughout the twentieth century. Current legislation in Congress would revise a 1992 federal law that banned legal sports wagering in this country with the exemption of four particular states, Nevada included. The state of Nevada is the only place in which wagering on college sports is legally practiced. The State of Oregon runs a small sports betting game out if its lottery. Proponents of the legislation suggest that passage is …

Santa Clara Magazine, Volume 42 Number 4, Spring 2001, Santa Clara University

Santa Clara Magazine

3 - EL SOL SHINED IN 1968 STUDENT ELECTIONS By Adam Breen. During the 1968 campus elections, an electrical engineering student felt the student body was too apathetic, so he ran for dictator to spur interest. He could have been king, but instead had himself "assassinated " for a greater cause.

12 - DOUBLE LIVES By Susan Vogel. An economic boom in Silicon Valley created opportunities, jobs, and wealth-but those who work here often can't afford to live here. What are employees and employers doing about it?

16 - THE GLACIER PRIEST By Jeff Kunkel. Bernard Hubbard, S.J., was more …

The Ethics Of Making The Body Beautiful: Lessons From Cosmetic Surgery For A Future Of Cosmetic Genetics, Sara Goering

Center for the Study of Ethics in Society Papers

This piece was originally published in the Philosophy and Public Policy Quarterly, Spring 2001 issue (from the Maryland Institute for Philosophy and Public Policy).

The Role Of Boards And Stakeholders In Corporate Governance, Victor C. S. Yeo, Pearlie M. C. Koh

Research Collection Yong Pung How School Of Law

This paper was written specifically for the OECD Third Asian Roundtable on Corporate Governance, held in Singapore in April 2001, the theme of which was "the Role of Boards and Stakeholders in Corporate Governance". It goes without saying that a significant part of corporate governance is about managerial control and accountability. The duties imposed on directors, how Board members are chosen, Board composition, the interaction between members, the roles and responsibilities that Boards undertake, both as a whole and by their individual members, all have significant impact on the efficacy and propriety of the Board in fulfilling its functions. This …

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Berle And Means Reconsidered At The Century's Turn, William W. Bratton

All Faculty Scholarship

No abstract provided.

Will An Online Court System Go Off The Tracks?, Ibpp Editor

International Bulletin of Political Psychology

This article identifies psychological concerns with the development of cybercourts for the adjudication of civil and criminal Issues.

Morality And God, John Hare

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, January 18,2001 with the title, "Does Morality Need God?"

Enslaved To Fashion: Corporations, Consumers, And The Campaign For Worker Rights In The Global Economy, George Demartino

Human Rights & Human Welfare

A review of Levi’s Children: Coming to Terms with Human Rights in the Global Marketplace by Karl Schoenberger. New York: Atlantic Monthly Press, 2000. 288pp.

Levi’s Children presents a sobering account of the tribulations of a transnational corporation with a heart trying its best to navigate honorably the polluted moral waters of the global economy. San Francisco-based Levi Strauss and Company, maker of the iconic Levi’s jeans and other apparel, sought to maintain a commitment to social responsibility in the face of intensifying financial pressures to do otherwise. Author Karl Schoenberger puts this account to good effect, illuminating the extraordinary …

Maine's Development Dilemma, 2001 Update, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

In the face of economic challenges that continue to face Maine and other states in a time of globalization and rapid technological change, economic development is widely seen as essential to the well-being of Maine's economy and to an increased quality of life for its citizens. However, the nature of Maine's economy, natural resource base, and geography creates a difficult dilemma for our state. This is the paradox we face: while some form of economic development is clearly imperative, the long-term misallocation of scarce economic resources in pursuit of this goal, though well-intended, may cause further harm to the economy …

Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley

Faculty Articles

Part I of this Article provides a look at Internet business model patents in light of key patentability requirements mandated by the Patent Act. Part II traces the evolution of the analogous art component of the non-obviousness determination and illustrates how the malleability of the doctrine, as exemplified in several Court of Appeals for the Federal Circuit decisions, has particular relevance to prior art definitions for Internet business model patents. Part III of this Article then examines the doctrine of equivalents and explores how the likelihood of improper application of this doctrine in the Internet business model context is increased. …

An International Comparison Of Taxation Of Married Individuals: Is The "Marriage Tax" Unique To The United States?, Ralph Fritzsch, Neal Matthys, Arthur Andersen, Neal Vazante

Mountain Plains Journal of Business and Technology

The "marriage penalty" or "marriage tax" is a topic of considerable current interest. The purposes of this paper are to provide an explanation and brief example of the "marriage tax," a brief history of how it become part of the US tax code, and a comparison of how marital status affects tax liability in three other English speaking countries (Canada, England, and Australia) with progressive income taxes similar to the US.

The Image Of Paul Robeson:Role Model For The Student And Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Santa Clara Magazine, Volume 43 Number 3, Winter 2001, Santa Clara University

Santa Clara Magazine

4 - UNIVERSITY RESPONDS TO TRAGEDY By SCM Staff. The September terrorist attacks had many repercussions at SCU, including the loss of at least two members of the University family.

12 - BEERS AND DOGS By Adam Breen. English Professor Terry Beers and his wife, Melissa '88, MBA '95, spend many early mornings sledding with their eight huskies.

14 - CALIFORNIA DREAMERS By Susan Vogel. Three current SCU students were dreaming of college long before many people do, thanks to dedicated mentors from the I Have A Dream Foundation .

On Insider Trading, Markets, And "Negative" Property Rights In Information, Zohar Goshen, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.

What's So Bad About Delaware?, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Electronic Cash - More Questions Than Answers, Kerry L. Macintosh

Faculty Publications

Remarks presented during a panel dilscussion held at the Association of American Law Schools 2001 Annual Meeting: Section on Law and Computers on the topic of electronic cash.

Hardball, Politics, And The Nlrb, Michael Ashley Stein

Faculty Publications

No abstract provided.

On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy

Law Faculty Scholarship

Copyrights, Trademarks and Patents make up most of the area of law known as Intellectual Property. Intellectual Property's importance in Electronic Commerce is difficult to overstate. The Internet has been defined as a global network of networks through which computers communicate by sending information in packets, and each network consists of computers connected by cables or wireless links. It is the Intellectual Property laws of Copyright, Trademark and Patents that are attempting to harmonize the effects that E-Commerce and the Internet have had on the individual's ability to access and use this information. It should be remembered that most countries …