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Articles 451 - 480 of 8864
Full-Text Articles in Law
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
Cardozo Law Review
No abstract provided.
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
Cardozo Law Review
No abstract provided.
Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski
Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
The authors agree with Professor Kysar that the current version of the consumer expectations test for design defectiveness is an amorphous, unprincipled misreading of section 402A of the Restatement (Second) of Torts. And they agree that most courts apply risk-utility balancing in determining design defectiveness. But they disagree with Kysar's proposal to supplement risk-utility balancing with a reinvigorated consumer expectations test based on expert testimony regarding what consumers actually expect in the way of design safety. Judicial reliance on such testimony would be susceptible to result-oriented manipulation by litigants, would not guide manufacturers in making sensible design choices, would pressure …
Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook
Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook
Journal Articles
No abstract provided.
Sec Enforcement Heuristics: An Empirical Inquiry, Randall Thomas, James D. Cox
Sec Enforcement Heuristics: An Empirical Inquiry, Randall Thomas, James D. Cox
Vanderbilt Law School Faculty Publications
This Article examines the overlap between SEC securities enforcement actions and private securities fraud class actions. We begin with an overview of data concerning all SEC enforcement actions from 1997 to 2002. We find that the volume of SEC enforcement proceedings is relatively modest. We next examine the scope of the recently enacted "Fair Fund" provision that authorizes the SEC to designate civil penalties it recovers from defendants to benefit defrauded private investors. We conclude that this provision offers only limited potential relief for private investors. We complete this Part of the Article with an analysis of the serious resource …
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
Vanderbilt Law School Faculty Publications
The Administrative Procedure Act (APA) has been out of date from the day it was written because it fails to address the administrative character of the modern state. The APA imposes procedural requirements on agency rulemaking and adjudication, two activities that are singled out because they resemble legislation and judicial decision making in the premodern state. The requirements for adjudication are based on the procedural rules that govern courts; the requirements for rulemaking would be based on the procedural rules that govern legislatures, but because very few such rules exist, they are also based on the rules that govern courts. …
Prospect Theory, Risk Preference, And The Law, Chris Guthrie
Prospect Theory, Risk Preference, And The Law, Chris Guthrie
Vanderbilt Law School Faculty Publications
To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with an understanding of how people are likely to respond to legal rules can legal scholars, judges, legislators, and regulators craft rules that are likely to encourage desirable behavior and discourage undesirable behavior. Rather than rely on rational choice theory, behavioral law and economics scholars (or legal decision theorists) have turned to Daniel Kahneman and Amos Tversky's "prospect theory" to inform their …
Lowering The Filed Tariff Shield: Judicial Enforcement For A Deregulatory Era, Jim A. Rossi
Lowering The Filed Tariff Shield: Judicial Enforcement For A Deregulatory Era, Jim A. Rossi
Vanderbilt Law School Faculty Publications
The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has strayed from its origins. Instead of protecting consumers, the doctrine has evolved into a shield for regulated firms against common law and antitrust claims that reinforce market norms. In the ideal world, Congress would expand the jurisdiction of regulatory agencies to allow them to penalize private misconduct. However, since that has not always happened, the filed tariff doctrine has encouraged private firms to expend resources in using the regulator as a strategy to immunize conduct from antitrust and common law antitrust claims. This Article assesses how …
Regulation By Networks, Avitai Aviram
Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey
Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey
BYU Law Review
No abstract provided.
Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison
Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison
BYU Law Review
No abstract provided.
The Shrinkwrap Snafu: Untangling The "Extra Element" In Breach Of Contract Claims Based On Shrinkwrap Licenses, Nathan Smith
The Shrinkwrap Snafu: Untangling The "Extra Element" In Breach Of Contract Claims Based On Shrinkwrap Licenses, Nathan Smith
BYU Law Review
No abstract provided.
Analyzing U.S. Antitrust Jurisdiction Over Foreign Parties After Empagran S.A. V. F. Hoffinan-Laroche, Ltd., Andrew Stanger
Analyzing U.S. Antitrust Jurisdiction Over Foreign Parties After Empagran S.A. V. F. Hoffinan-Laroche, Ltd., Andrew Stanger
BYU Law Review
No abstract provided.
The Contradictions Of Supranationalism: Administrative Governance And Constitutionalization In European Integration Since The 1950s, Peter L. Lindseth
The Contradictions Of Supranationalism: Administrative Governance And Constitutionalization In European Integration Since The 1950s, Peter L. Lindseth
Loyola of Los Angeles Law Review
No abstract provided.
The Heeding Presumption And Its Application: Distinguishing No Warning From Inadequate Warning, Karin L. Bohmholdt
The Heeding Presumption And Its Application: Distinguishing No Warning From Inadequate Warning, Karin L. Bohmholdt
Loyola of Los Angeles Law Review
No abstract provided.
Deference To The Majority: Why Isn't The Supreme Court Applying The Reasoning Of Atkins V. Virginia To Juveniles, Sharon Ongerth
Deference To The Majority: Why Isn't The Supreme Court Applying The Reasoning Of Atkins V. Virginia To Juveniles, Sharon Ongerth
Loyola of Los Angeles Law Review
No abstract provided.
Remarks On The Presentations By Professors Shapiro And Levin, Mary M. Schroeder
Remarks On The Presentations By Professors Shapiro And Levin, Mary M. Schroeder
Duke Law Journal
No abstract provided.
Shareholder Value And Auditor Independence, William W. Bratton
Shareholder Value And Auditor Independence, William W. Bratton
Duke Law Journal
This Article questions the practice of framing problems concerning auditors' professional responsibility inside a principal-agent paradigm. If professional independence is to be achieved, auditors cannot be enmeshed in agency relationships with the shareholders of their audit clients. As agents, the auditors by definition become subject to the principal's control and cannot act independently. For the same reason, auditors' duties should be neither articulated in the framework of corporate law fiduciary duty, nor conceived relationally at all. These assertions follow from an inquiry into the operative notion of the shareholder-beneficiary. The Article unpacks the notion of the shareholder and tells a …
The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile
The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile
Duke Law Journal
The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission's general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.
State Regulation Of Medical Necessity: The Case Of Weight-Reduction Surgery, Mark A. Hall
State Regulation Of Medical Necessity: The Case Of Weight-Reduction Surgery, Mark A. Hall
Duke Law Journal
No abstract provided.
Outsourcing Government Regulation, Sidney A. Shapiro
Outsourcing Government Regulation, Sidney A. Shapiro
Duke Law Journal
No abstract provided.
Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins
Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins
Duke Law Journal
This Article reviews federal and (especially) state antitrust enforcement in light of the Microsoft proceeding. Criticism of state enforcement based on that case is misplaced. The Article identifies three consensus comparative advantages of state enforcers: familiarity with local and regional markets, closeness to state and local institutions, and ability and experience in compensating individuals. A review of state enforcement activities finds that the vast majority are consistent with one or more of these advantages. The Article also identifies hallmarks of generally accepted federal civil non-merger enforcement: both antitrust agencies participate actively, using a variety of tools, while showing support for …
The Pervasive Problem Of Court-Sanctioned Secrecy And The Exigency Of National Reform, David S. Sanson
The Pervasive Problem Of Court-Sanctioned Secrecy And The Exigency Of National Reform, David S. Sanson
Duke Law Journal
No abstract provided.
“Mediation-Only” Filings In The Delaware Court Of Chancery: Can New Value Be Added By One Of America’S Business Courts?, Leo E. Strine Jr.
“Mediation-Only” Filings In The Delaware Court Of Chancery: Can New Value Be Added By One Of America’S Business Courts?, Leo E. Strine Jr.
Duke Law Journal
The following Essay by Vice Chancellor Leo Strine of the Delaware Court of Chancery advocates the enactment of legislation that authorizes the Court of Chancery to handle "mediation-only" cases. Such cases would be filed solely to invoke the aid of a Chancellor to mediate a business dispute between parties. By advocating this innovative dispute resolution option, the Essay embraces a new dimension of the American judicial role that allows American businesses to more efficiently solve complicated business controversies. The mediation-only device was conceived in 2001 by members of the Delaware judiciary, including Vice Chancellor Strine, in consultation with members of …
Some Thoughts On An Agenda For The Public Company Accounting Oversight Board, Elliott J. Weiss
Some Thoughts On An Agenda For The Public Company Accounting Oversight Board, Elliott J. Weiss
Duke Law Journal
No abstract provided.
Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage
Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage
Duke Law Journal
No abstract provided.
Preventing Defendants From Mooting Class Actions By Picking Off Named Plaintiffs, David Hill Koysza
Preventing Defendants From Mooting Class Actions By Picking Off Named Plaintiffs, David Hill Koysza
Duke Law Journal
No abstract provided.
Sec Enforcement Heuristics: An Empirical Inquiry, James D. Cox, Randall S. Thomas, Dana Kiku
Sec Enforcement Heuristics: An Empirical Inquiry, James D. Cox, Randall S. Thomas, Dana Kiku
Duke Law Journal
This Article examines the overlap between SEC securities enforcement actions and private securities fraud class actions. We begin with an overview of data concerning all SEC enforcement actions from 1997 to 2002. We find that the volume of SEC enforcement proceedings is relatively modest. We next examine the scope of the recently enacted "Fair Fund" provision that authorizes the SEC to designate civil penalties it recovers from defendants to benefit defrauded private investors. We conclude that this provision offers only limited potential relief for private investors. We complete this Part of the Article with an analysis of the serious resource …