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2001

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Articles 421 - 450 of 9172

Full-Text Articles in Law

Why Contracts Are Written In "Legalese", Claire A. Hill Oct 2001

Why Contracts Are Written In "Legalese", Claire A. Hill

Chicago-Kent Law Review

Contracts have been reviled since before the Marx Brothers' infamous "there ain't no Sanity Clause" sketch as being replete with duplicative, cumbersome, inartful, and sometimes imprecise language. My Article seeks to understand why practice apparently hasn't made perfect—why the contract production process hasn't been honed to a point that contracts are as clear, and only as long, as would seem to be optimal. I argue that the contracting production process combines rational, and what some would consider irrational, elements to create a serviceable, but arguably second-best, product. But I also argue that what counts as second-best in this and other …

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Roundtable Discussion: Theory's Contributions To Corporate Law And Practice, Chicago-Kent Law Review Oct 2001

Roundtable Discussion: Theory's Contributions To Corporate Law And Practice, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

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Who Owns A Corporation And Who Cares?, Richard A. Booth Oct 2001

Who Owns A Corporation And Who Cares?, Richard A. Booth

Chicago-Kent Law Review

This Article focuses on the conventional theory that a corporation is owned by its stockholders and argues that the theory retains little if any explanatory or predictive force. After a brief consideration of the need for and function of legal theories in general and the evolution of the stockholder ownership theory, the Article proceeds to describe how the takeover wars of the 1980s brought into high relief the unavoidably conflicting interests of stockholders and managers, owing primarily to the fact that investor-stockholders are free to diversify whereas managers generally are not. Although the stockholder ownership theory is consistent with the …

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The Venture Capital Investment Bust: Did Agency Costs Play A Role? Was It Something Lawyers Helped Structure?, Joseph Bankman, Marcus Cole Oct 2001

The Venture Capital Investment Bust: Did Agency Costs Play A Role? Was It Something Lawyers Helped Structure?, Joseph Bankman, Marcus Cole

Chicago-Kent Law Review

This Article examines the question of why venture capital firms would continue to raise technology funds, and then invest those funds, when they were certain that the business markets for such investments were overvalued preceding the "crash" of April 2000. We interviewed a number of venture capitalists, lawyers, entrepreneurs, and other industry observers in search of an explanation. The explanations offered by key decision makers for the observed investment behavior can be categorized as of three types of theories: agency cost theories, herd behavior and other cognitive bias theories, and non-agency cost theories. Agency cost theories suggest that the activity …

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Top Ten Reasons To Be A Law School Dean, R. Lawrence Dessem Oct 2001

Top Ten Reasons To Be A Law School Dean, R. Lawrence Dessem

Faculty Publications

Serving as a law school dean can be tough duty. Many people, particularly law school faculty members, have asked over the years why anyone would ever take such a position. This question is particularly relevant because the likely alternative for most deans is service as a full-time professor on a law school faculty-which is, without a doubt, one of the world's truly great jobs..

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Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely Oct 2001

Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely

Faculty Publications

A look at the development of labor and employment law in the U.S. reveals one astonishing principle. There is an underlying assumption that employers own the time and activities of employees, and thus any change in the allocation of rights between employers and employees has to be justified against the “interference” with the rights of employers. For example, whenever legislation has been introduced intended to protect workers' rights, employers have argued that such protections will interfere with the right of employers to control their employees. This argument has been successfully made many times, and it has, I argue, shaped the …

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Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger Oct 2001

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Faculty Scholarship

No abstract provided.

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Introduction: Theory Informs Business Practice: Introduction, Claire A. Hill Oct 2001

Introduction: Theory Informs Business Practice: Introduction, Claire A. Hill

Chicago-Kent Law Review

No abstract provided.

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Of Theory And Practice, Tamar Frankel Oct 2001

Of Theory And Practice, Tamar Frankel

Chicago-Kent Law Review

Much has been written about theory and practice in the law, and the tension between practitioners and theorists. Judges do not cite theoretical articles often; they rarely "apply" theories to particular cases. These arguments are not revisited. Instead the Article explores the working and interaction of theory and practice, practitioners and theorists. This Article starts with a story about solving a legal issue using our intellectual tools—theory, practice, and their progenies: experience and "gut." Next the Article elaborates on the nature of theory, practice, experience and gut. The third part of the Article discusses theories that are helpful to practitioners …

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The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence M. Solan Oct 2001

The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence M. Solan

Chicago-Kent Law Review

The parol evidence rule excludes extrinsic evidence of prior or contemporaneous understandings of an agreement when the parties have signed a document that purports to encompass their entire understanding. In theory, this rule is designed to add certainty to business transactions and to inhibit the introduction of unreliable evidence into the litigation system. But in practice, if we eliminate the introduction of precontractual representations and understandings from the dispute resolution process, we create a safe harbor for unethical business practices in the early stages of contract formation. Using insights from linguistics and psychology, the Article argues that this problem is …

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Implications Of Shareholder Diversification On Corporate Law And Organization: The Case Of The Business Judgment Rule, Peter V. Letsou Oct 2001

Implications Of Shareholder Diversification On Corporate Law And Organization: The Case Of The Business Judgment Rule, Peter V. Letsou

Chicago-Kent Law Review

The business judgment rule has been a centerpiece of corporate law for almost two centuries. But over the last several decades, courts and commentators have struggled to find a rationale for the business judgment rule that, at once, reconciles the judicial deference granted to corporate managers with the more demanding standards applied to other professionals, such as doctors and lawyers. This Article attempts to end this struggle by offering a fuller account of the relationship between the preferences of diversified shareholders, on the one hand, and liability rules, on the other. Based on this account, this Article contends that the …

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The Same-Sovereign Rule Resurrected: The Supreme Court Rejects The Invocation Of The Fifth Amendment's Privilege Against Self-Incrimination Based Upon Fear Of Foreign Prosecution In United States V. Balsys, Carlin Metzger Oct 2001

The Same-Sovereign Rule Resurrected: The Supreme Court Rejects The Invocation Of The Fifth Amendment's Privilege Against Self-Incrimination Based Upon Fear Of Foreign Prosecution In United States V. Balsys, Carlin Metzger

Chicago-Kent Law Review

In United States v. Balsys, the Supreme Court examined the scope of the Fifth Amendment's Privilege Against Self-Incrimination when invoked based on a fear of foreign prosecution. Applying the "same-sovereign" rule, the Court held that the Fifth Amendment only binds the government to which it applies and, therefore, the privilege cannot be invoked based solely upon a fear of foreign prosecution. This Comment analyzes the rationale in prior Supreme Court decisions addressing the scope of the privilege against self-incrimination and contends that despite the Court's revival of the same-sovereign rule in Balsys, the privilege can extend to witnesses …

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Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston Oct 2001

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston

College of Law Faculty

In this Article, Professor Livingston examines the history and philosophy of animal cruelty laws and also surveys the scope and content of contemporary American anti-cruelty statutes. She explores, moreover, a substantial body of social science data that suggest a correlation between the commission of animal abuse and a propensity for other violent behavior. From her survey of current law, Professor Livingston concludes that lawmakers should amend animal cruelty statutes to provide for mandatory psychological treatment for youthful offenders and harsher penalties for older and habitual offenders. She observes that animal abuse as a crime not only affects the animals targeted …

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Purpose With Profit: Governance, Enforcement, Capital-Raising And Capital-Locking In Low-Profit Limited Liability Companies, J. Haskell Murray, Edward I. Hwang Oct 2001

Purpose With Profit: Governance, Enforcement, Capital-Raising And Capital-Locking In Low-Profit Limited Liability Companies, J. Haskell Murray, Edward I. Hwang

University of Miami Law Review

No abstract provided.

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The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon Oct 2001

The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon

University of Miami Law Review

No abstract provided.

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Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz Oct 2001

Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz

University of Miami Law Review

No abstract provided.

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Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker Oct 2001

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker

University of Miami Law Review

No abstract provided.

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The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer Oct 2001

The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

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Problem-Setting And Serving The Organizational Client: Legal Diagnosis And Professional Independence, Robert Eli Rosen Oct 2001

Problem-Setting And Serving The Organizational Client: Legal Diagnosis And Professional Independence, Robert Eli Rosen

University of Miami Law Review

No abstract provided.

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Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman Oct 2001

Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of …

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A Review Of Maivan Clech Lam's At The Edge Of The State: Indigenous People And Self-Determination, Jeffrey D. Martino Oct 2001

A Review Of Maivan Clech Lam's At The Edge Of The State: Indigenous People And Self-Determination, Jeffrey D. Martino

City University of New York Law Review

No abstract provided.

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Table Of Contents Oct 2001

Table Of Contents

The Journal of Law and Education

No abstract provided.

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Supreme Court Review - Recent Developments In The Law Oct 2001

Supreme Court Review - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

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Johnny Saw My Test Score, So I'M Suing My Teacher: Falvo V. Owasso Independent School District, Peer Grading, And A Student's Right To Privacy Under The Family Education Rights And Privacy Act, Daniel R. Dinger Oct 2001

Johnny Saw My Test Score, So I'M Suing My Teacher: Falvo V. Owasso Independent School District, Peer Grading, And A Student's Right To Privacy Under The Family Education Rights And Privacy Act, Daniel R. Dinger

The Journal of Law and Education

No abstract provided.

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Recent Developments In The Law Oct 2001

Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

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Law Review Digests Oct 2001

Law Review Digests

The Journal of Law and Education

No abstract provided.

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Foul - The Exploitation Of The Student-Athlete: Student-Athletes Deserve Compensation For Their Play In The College Athletic Arena - Chalk Talk, Christopher W. Haden Oct 2001

Foul - The Exploitation Of The Student-Athlete: Student-Athletes Deserve Compensation For Their Play In The College Athletic Arena - Chalk Talk, Christopher W. Haden

The Journal of Law and Education

No abstract provided.

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United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court’S Jurisdiction Truly Complementary To National Criminal Jurisdictions, Jimmy Gurule Oct 2001

United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court’S Jurisdiction Truly Complementary To National Criminal Jurisdictions, Jimmy Gurule

Cornell International Law Journal

No abstract provided.

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Staying The Course With The International Criminal Court, David J. Scheffer Oct 2001

Staying The Course With The International Criminal Court, David J. Scheffer

Cornell International Law Journal

No abstract provided.

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Standards Of Liability For Internet Service Providers: A Comparative Study Of France And The United States With A Specific Focus On Copyright, Defamation, And Illicit Content, Xavier Amadei Oct 2001

Standards Of Liability For Internet Service Providers: A Comparative Study Of France And The United States With A Specific Focus On Copyright, Defamation, And Illicit Content, Xavier Amadei

Cornell International Law Journal

No abstract provided.

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