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Corporate Prophet: An Introduction To Susan Stabile's A Catholic Vision Of The Corporation, Kellye Y. Testy

Articles

Public trust in business has waned as large-scale failures of corporate accountability and governance have rocked domestic and international marketplaces in the past several years. Efforts to bolster trust and improve corporate governance have received substantial public attention and have stemmed from many sources, including new regulatory initiatives and enhanced attention to governance by both public and private corporations in an attempt to stave off further regulation. At the same time, corporate law scholars have seized upon this milieu in order to reinvigorate scholarly debates about the roles and purposes of corporations in society.

Professor Susan Stabile, a scholar of …

Immigration And The Allure Of Inclusion, Ediberto Román

Faculty Publications

Essentially, all immigrant stories concern labels and their consequences, including the fiction of the legal and illegal "alien. ' These labels in turn are created by immigration regimes that have the effect of establishing identities of both welcomed and unwelcome newcomers into a society. These fictions or labels occur within what can be described as the legal fiction of the nation-state. In many respects, all immigrant debates and accounts are tales of inclusion and membership within legal frameworks that decide which groups of people are deemed worthy of eventual formal membership within a political structure. Indeed, the label of "alien" …

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez

Faculty Publications

No abstract provided.

Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong

Faculty Publications

This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …

Controlling Corporate Speech: Is Regulation Fair Disclosure Unconstitutional, Antony Page, Katy H. Yang

Faculty Publications

We analyze whether Regulation Fair Disclosure, SEC Chairman Arthur Levitt's crowning achievement, violates the First Amendment. Regulation FD requires that a company that discloses material non-public information to certain private audiences must also make that information public, subject to certain safe-harbors. The Regulation solely targets speech, acting either to compel it to a public audience or as a burden on private disclosure. Part I examines the reach of Regulation FD, the enforcement actions to date, and currently available empirical data. Part II provides an introduction to the interaction of the First Amendment and SEC regulations affecting speech. Part III broadens …

Three Jeromes: A Tribute To Professor Jerome Mccristal Culp, Jr., Adrienne D. Davis

Scholarship@WashULaw

Whatever our perspectival and methodological differences, one thing we can all agree on about Jerome as a scholar: the man was prolific. He published over twenty articles, plus book chapters and a book, all penned with eloquence and what we now recognize as quintessentially 'Jeromeesque" passion. He published in major symposia as well as the most prestigious law reviews. For those who do not know Jerome's work as well, and for those of us who do but are still taking in the volume of it, I thought I would offer three snapshots of Jerome's writing career, hoping to capture some …

Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian

Scholarship@WashULaw

We live in a time when our right to speak out against our government faces threats unimagined since the Vietnam era. As the present war in Iraq and the campaign against international terrorism have dragged on, the federal and state governments as well as nongovernmental institutions have grown increasingly bold in their efforts to suppress political dissent. Law enforcement officers infiltrate and bully peaceful dissident groups; police crack down brutally on mass demonstrations; cities confine protesters at major political events to ironically designated “free speech zones.” These events buttress a contention, familiar from the work of several prominent First Amendment …

Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey

Scholarship@WashULaw

The discharge in bankruptcy embodies the policy that relief should be granted to an individual who has ceased to be economically productive by virtue of burdensome debt obligations (the fresh start policy). Once the debtor has been deemed eligible for discharge, forgiveness of debt is automatic, accomplished through legislative rule and its judicial enforcement. With regard to the discharge of educational debt, however, Congress has devolved the exercise of debt relief to courts. An obligation to repay such debt will be discharged if a debtor establishes that undue hardship would be suffered in the absence of its discharge. A court …

Investment Banks As Fiduciaries: Implications For Conflicts Of Interest, Andrew F. Tuch

Scholarship@WashULaw

Investment banks play an intermediary role in the financial system that is integral to its efficient operation. A core, and highly visible, part of their work involves providing financial advisory services to institutional clients on transactions that have strategic importance, such as mergers and acquisitions. As these services are but one aspect of the broad and diverse range of financial services that investment banks typically provide, challenges such as conflicts of interest inevitably arise. Somewhat anomalously, the question of whether these firms owe fiduciary duties to their clients when providing financial advisory services has received little regulatory, judicial or scholarly …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Financial Innovation Patents: The Future Of The Futures Markets, Or Old Wine In New Bottles?, John Fazzio

Computer Law Review and Technology Journal

Electronic exchanges and electronic trading are the future of the futures industry. Since the landmark case State Street Bank & Trust Co. v. Signature Financial Group, Inc., the volume of trading on electronic exchanges has grown at ten times the pace of open outcry trading.4 Institutions and brokerage houses have rushed to the patent office to protect business methods, and an industry of Independent Software Providers ("ISPs") has sprung up to meet the demand for new trading technologies. These developments have reshaped the commodity and futures landscape. In response, the Commodity Futures Trading Commission ("CFTC") passed regulations regarding order …

North American Anti-Circumvention: Implementation Of The Wipo Internet Treaties In The United States, Mexico And Canada, Heather A. Sapp

Computer Law Review and Technology Journal

The speed and ease with which digital formats of copyrighted works can be copied and exchanged on the Internet have given rise to "legal developments that once might have seemed unlikely or unthinkable." Although the digital era was hailed by many for the potential of providing a global marketplace for copyrighted works, many copyright holders were concerned about the ease of digital piracy. In some senses, despite the promise of new markets and increases in efficiency, the digital era signaled a copyright holder's nightmare. Works could be immediately and perfectly copied and then immediately and perfectly distributed. As a result, …

Liability Of Isps: Immunity From Liability Under The Digital Millennium Copyright Act And The Communications Decency Act, Cyrus S. J. Manekshaw

Computer Law Review and Technology Journal

The Internet has so completely permeated our lives in the past ten years that often we do not fully realize how truly revolutionary this technology is or how many legal issues and problems it can present. At its most basic level, the Internet is a system of worldwide computer networks that transfer data. To the ordinary user, the Internet is an all-purpose essential tool used to do everything from checking e-mail and reading the news to playing games and sharing music, pictures, and ideas. The power to share ideas and communicate with people all around the globe is the Internet's …

The Speed Of Normal: Conflicts, Competency, And Confidentiality In The Digital Age, David Hricik

Computer Law Review and Technology Journal

Digitalization has increased the speed of communications in all areas, including law. Although in many ways technology has made practice easier, quicker, and more efficient, the dawn of the digital age has increased the need for lawyers to focus on legal ethics. As always, lawyers must be concerned about confidentiality, conflicts, and competency. Those fundamentals remain unchanged. However, the vast increases in storage capacity, the lightning-quick speed of communication, and the ability to allow access to data over the Internet have each made it more important for lawyers to focus on the impact of technology on these core principles of …

Constitutional Law - Search And Seizure: The North Dakota Supreme Court Considers Whether An Officer May Search A Non-Arrested Person's Purse Incident To The Arrest Of Another Person In The Same Vehicle - State V. Tognotti, Kirsten M. Sjue

North Dakota Law Review

No abstract provided.

Randy Lee, Larry Kraft

North Dakota Law Review

No abstract provided.

Randy Lee, Our Friend, Owen L. Anderson, Kathie Anderson

North Dakota Law Review

No abstract provided.

The Student's Professor, Douglas W. Murch

North Dakota Law Review

No abstract provided.

Reflections On Professor Lee, Kari M. Knudson, Sara K. Sorenson

North Dakota Law Review

No abstract provided.

Me, Randy Lee And The Susans: An Informal, Mostly Non-Legal Essay On The Use Of Indian Nicknames For Sports Teams, Robert Laurence

North Dakota Law Review

No abstract provided.

The Last Gift, Paula Lee

North Dakota Law Review

No abstract provided.

Equality For Women: Integration And Acceptance Of Women In The Legal Profession And The Impact Of Women In The Legal Profession, Jane C. Voglewede

North Dakota Law Review

No abstract provided.

Constitutional Law - Self-Incrimination: The United State Supreme Court Upholds Requirement To Provide Identification During A Lawful Search And Seizure - Hiibel V. Sixth Judicial District Court Of Nevada, Matthew Schmidt

North Dakota Law Review

No abstract provided.

Reflections On Fifteen Years Of The Teague V. Lane Retroactivity Paradigm: A Study Of The Persistence, The Pervasiveness, And The Perversity Of The Court's Doctrine, Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.