Law Commons^™

Social Conceptions Of The Corporation: Insights From The History Of Shareholder Voting Rights, Colleen A. Dunlavy

Washington and Lee Law Review

The diversity of voting rules in today's corporations indicates that power is distributed among shareholders in a great variety of ways, but current theories of the corporation have little to say about this diversity. For insight into the significance of different ways of distributing power among shareholders and the social conceptions of the corporation that they imply, this Article develops a historically-groundedframeworfko r evaluating the political import of shareholder voting rights. Sketching out the history of shareholder voting rights since the early nineteenth century, it shows how the distinctive meaning of the twentieth-century term "shareholder democracy" grew out of the …

Museletter: September 2006, Caroline L. Osborne

Museletter

This Issue:

Resarching the Constitution by Caroline Osborne

Library News

But What If We Don't Have It?: Making Interlibrary Loan Requests by Gail Zwirner, Head of Access Services

Computer Tips by Kimberly Wiseman

Why Health Courts Are Unconstitutional, Amy Widman

Pace Law Review

No abstract provided.

Carpe Diem: An Opportunity To Reclaim Lawyers' Independence, Louis A. Craco

Pace Law Review

No abstract provided.

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Pace Law Review

No abstract provided.

Inclusionary Zoning In Westchester County, New York: Is It A Viable Tool To Reduce A County-Wide Housing Crisis?, Ann S. Matthews

Pace Law Review

No abstract provided.

Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler

Pace Law Review

No abstract provided.

Revisiting The Scrap Heap: The Decline And Fall Of Smith V. F.W. Morse & Co., Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] "One of the more difficult tasks facing a federal court is trying to predict how a state’s highest court would rule on a question of law it has not yet addressed. That difficulty is well illustrated by the history of Wenners v. Great State Beverages, Inc., and in particular, the interpretation of that opinion contained in Smith v. F.W. Morse & Co. [ . . . ]

This article begins with a close examination of Wenners and the two opinions on which Wenners relied for its now-canonical statement of the relationship between statutory and common law remedies. I continue …

Masthead, Volume 4, Number 3, 2006, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Four, Issue Number Three.

Irreparable Benefits, Douglas Gary Lichtman

Coase-Sandor Institute for Law & Economics Research Paper Series

The conventional approach to preliminary relief focuses on irreparable harm but neglects entirely irreparable benefits. That is hard to understand. Errant irreversible harms are important because they distort incentives and have lasting distributional consequences. But the same is true of errant irreversible gains. When a preliminary injunction wrongly issues, then, there are actually two distinct errors to count: the irreparable harm wrongly imposed on the nonmoving party, and the irreparable benefit wrongly enjoyed by the moving party. Similarly, when a preliminary injunction is wrongly denied, there are again two errors, not one: the irreparable harm wrongly imposed on the moving …

The Credible Executive, Eric A. Posner, Adrian Vermeule

Coase-Sandor Institute for Law & Economics Research Paper Series

Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This paper addresses the risk that voters and legislators will fail to trust a well-motivated executive. Absent some credible signal of benign motivations, voters will be unable to distinguish good from bad executives and will thus withhold discretion that they would have preferred to grant, making all concerned worse off. We suggest several mechanisms with which a well-motivated executive can credibly signal his type, including independent commissions within the executive branch; bipartisanship in appointments to the executive branch, or more broadly …

Who Should Regulate Entry Into Iptv And Municipal Wireless?, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

We are at an unusual moment in telecommunications. We have two very live cases of entry: Internet protocol television (IPTV) and municipal wireless broadband. IPTV will create new competition with cable, satellite and over-the-air broadcast TV, promising lower prices and new services. Muni wireless makes it possible for local communities to add new broadband capabilities to compete with DSL and cable broadband. Unsurprisingly given the newness of the services, there is substantial uncertainty about whether and how these services should be regulated, and we have seen legislative action at municipal, state and federal levels. To assess that, I set forth …

Of Dreams And Bubbles: Right-Sizing Home Ownership, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Is public housing now seen more as a consumption good or investment good? And with all that has been said about an 'asset ,bubble', should we be worrying about an 'expectations trap' instead? Assistant Professor Eugene Tan and Associate Professor Sing Tien Foo give their take on what the changes augur.

Christian Faith And Political Life: A Dialogue [With Jason Carter], J. Randy Beck

Scholarly Works

Several months before the 2004 presidential election, a seminar at the University of Georgia School of Law explored views of law and legal institutions reflected in various Christian theological traditions. The class included an unusually gifted group of students from a variety of theological and political backgrounds. One student brought a particularly unique and relevant set of experiences to the course. Jason Carter grew up as the grandson of Jimmy Carter, a former Democratic President who has often discussed the political implications of his Christian faith. Jason also observed first hand the interaction of Christian faith and political activity as …

Rape As A Badge Of Slavery: The Legal History Of, And Remedies For, Prosecutorial Race-Of-Victim Charging Disparities, Jeffrey J. Pokorak

Nevada Law Journal

This article explores the continuing gendered racism in rape prosecutions: the undervaluation of all rape offenses against Black women and the concomitant overvaluation of rape crimes against White women, particularly when committed by a Black man. In this article I review the legal and extra-legal factors that have historically evidenced the gendered racism in rape prosecutions. I also explore the prosecutorial methods that contribute to maintaining these racial disparities. Finally, I propose remedial actions for prosecutors, legislatures, and courts.

For most of this nation's history, raping a Black woman was simply not a crime. First, laws prevented the prosecution of …

Perp Walks And Prosecutorial Ethics, Ernest F. Lidge Iii

Nevada Law Journal

No abstract provided.

Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson

Nevada Law Journal

In twenty years of asbestos litigation, procedural reforms at all levels of the civil litigation system have failed to reduce plaintiffs' attorneys'fees. The result has been dramatic undercompensation of asbestos tort victims. This paper attepts to explain this remarkable fact using economic methodology. The paper offers three theories: First, that the continuing difficulty of assessing causation in asbestos and other mass tort cases predictably impedes the efforts of procedural reform to reduce costs; second, that changes in defendant and insurer risk attitudes have generated costly litigation; third, that collusion of plaintiffs' attorneys to maintain prices cannot be ruled out. Each …

The History Of School Trust Lands In Nevada: The No Child Left Behind Act Of 1864, Christopher J. Walker

Nevada Law Journal

This Article details the history of the federal school lands grant program in Nevada-the first federal initiative to support public education in the new state. After providing a brief overview of federal land management history in the West, the Article presents the story of school lands in Nevada-tracing its birth in Congress and at the Nevada Constitutional Convention in 1864; analyzing the changes made by state constitutional amendments and court decisions; exploring Congress's attempts to adapt the program to Nevada's needs in the form of the two-million-acre grant of 1880 and the 30,000-acre exchange of 1926; and documenting government abuse …

Is Looting Ever Justified?: An Analysis Of Looting Laws And The Applicability Of The Necessity Defense During Natural Disasters And States Of Emergency, Stephanie J. Hamrick

Nevada Law Journal

No abstract provided.

When Rights Collide: In A Battle Between Pharmacists' Right Of Free Exercise And Patients' Right To Access Contraception, Who Wins?, Jacqueline Gilbert

Nevada Law Journal

No abstract provided.

But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright

Nevada Law Journal

No abstract provided.

Anticircumvention And Anti-Anticircumvention, Peter K. Yu

Faculty Scholarship

In today's debate on digital rights management systems, there is a considerable divide between the rights holders, their investors and representatives on the one hand and academics, consumer advocates, and civil libertarians on the other. These two groups often talk past each other, concocting their own doomsday scenarios while arguing for laws and policies that vindicate their positions. Unfortunately, neither side has sufficient empirical evidence to either support its position or disprove its rivals'. As the digital economy grows, the debate intensifies, and the divide between the two sides widens. Today, there has emerged an urgent need to find the …

A Bridge, A Tax Revolt, And The Struggle To Industrialize: A Comment, John V. Orth

North Carolina Law Review

No abstract provided.

The Governors' Leadership Role In Developing Modern North Carolina Environmental Law: 1967-1983, Milton S. Heath Jr., Alex L. Hess Iii

North Carolina Law Review

No abstract provided.

Index, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Vol. 10, No. 1: Editor's Note, Mark Terzaghi Howe

Water Law Review

No abstract provided.

Vol. 10, No. 1: Front Matter, Water Law Review

Water Law Review

No abstract provided.

Dean David H. Getches: Law Teacher, Scholar, And Public Servant, James N. Corbridge

Water Law Review

No abstract provided.

Public Water-Private Water: Anti-Speculation, Water Reallocation, And High Plains A&M, Llc V. Southeastern Colorado Water Conservancy District, Lawrence J. Macdonnell

Water Law Review

No abstract provided.

Vol. 10, No. 1: Table Of Contents, Water Law Review

Water Law Review

No abstract provided.