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2006

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Articles 631 - 660 of 11365

Full-Text Articles in Law

The Second-Order Structure Of Immigration Law, Eric A. Posner, Adam B. Cox Nov 2006

The Second-Order Structure Of Immigration Law, Eric A. Posner, Adam B. Cox

Coase-Sandor Institute for Law & Economics Research Paper Series

Immigration law concerns both first-order issues about the number and types of immigrants who should be admitted into a country and second-order design issues concerning the legal rules and institutions that are used to implement those first-order policy goals. The literature has focused on the first set of issues and largely neglected the second. In fact, many current controversies concern the design issues. This Article addresses the second-order dimension and argues that a central design choice all states face is whether to evaluate potential immigrants on the basis of pre-entry characteristics (the ex ante approach) or post-entry conduct (the ex …

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The New Constitutional Order And The Heartening Of Conservative Constitutional Aspirations, James E. Fleming Nov 2006

The New Constitutional Order And The Heartening Of Conservative Constitutional Aspirations, James E. Fleming

Faculty Scholarship

The basic question for this conference is whether we as a people have entered, or are on the verge of entering, a new constitutional order. In 2003, Mark Tushnet published a terrific book, The New Constitutional Order, an expansion of his insightful Foreword: The New Constitutional Order and the Chastening of Constitutional Ambition in the Harvard Law Review.2 The title of that book was an inspiration for the title of this conference. And the title of that article is the basis for the title of my article. For years, liberals and progressives have been anticipating or announcing a conservative revolution …

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Using Sarbanes-Oxley Act To Reward Honest Corporations, Tamar Frankel Nov 2006

Using Sarbanes-Oxley Act To Reward Honest Corporations, Tamar Frankel

Faculty Scholarship

The Sarbanes-Oxley Act offers an opportunity to reward truthful corporations and their management, offering them a competitive advantage by relieving them from some of the Act's provisions. Corporate culture plays an important role in a corporation's honest behavior One size does not fit all in matters of organizational integrity. The provisions of the Sarbanes-Oxley Act that apply the same internal controls and governance rules on all public corporations impose unnecessary costs on honest corporations by requiring them to change one set of good habits that are part of the corporate culture for another mandated by law. This essay suggests that …

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A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard Nov 2006

A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard

Faculty Publications

This Article suggests a rethinking of the responsible relation doctrine, which holds business officials, managers, and supervisors criminally liable for failing to prevent or correct violations that occur within their areas of responsibility and control. The conventional public welfare justification for the doctrine is that it provides added and important deterrence of legal violations that threaten human health and safety. This Article suggests instead that the doctrine is better understood and defended as properly following from traditional criminal law prohibitions on acts of omission, and specifically from the principle that individuals may be criminally liable when their failure to fulfill …

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Ex Ante Choices Of Law And Forum: An Empirical Analysis Of Corporate Merger Agreements, Theodore Eisenberg, Geoffrey Miller Nov 2006

Ex Ante Choices Of Law And Forum: An Empirical Analysis Of Corporate Merger Agreements, Theodore Eisenberg, Geoffrey Miller

Vanderbilt Law Review

A leading question in American corporate law is why such a large percentage of large firms choose Delaware as their state of incorporation. An early view saw Delaware as leading a "race to the bottom" by providing charter terms that favored corporate managers at the expense of shareholders and the public at large. Later theorists postulated that Delaware might rather be providing terms that benefited all parties to the corporate contract ex ante-the "race to the top" view. Some have suggested that Delaware incorporation may represent neither a race to the top nor to the bottom, but rather a race …

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Reassessing Charitable Immunity In Virginia, Carl Tobias Nov 2006

Reassessing Charitable Immunity In Virginia, Carl Tobias

University of Richmond Law Review

No abstract provided.

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Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2006

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes enacted by the General Assembly in the areas of criminal law and procedure.

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Health Care Law, Michael C. Guanzon Nov 2006

Health Care Law, Michael C. Guanzon

University of Richmond Law Review

No abstract provided.

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Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs Nov 2006

Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs

University of Richmond Law Review

This article surveys significant cases concerning real property law decided by the Supreme Court of Virginia between the spring of 2004 and the spring of 2006. This article also details significant legislative changes flowing from the 2005 and 2006 Virginia General Assembly sessions.

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A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen Nov 2006

A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen

Duke Law Journal

Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Constitution. Second, even if courts may rely on some background materials in interpreting the Constitution, there is reason to conclude that The Federalist. does not qualify as the sort of …

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Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger Nov 2006

Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger

Duke Law Journal

No abstract provided.

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Punishment, Prisons, And The Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, Martin H. Pritikin Nov 2006

Punishment, Prisons, And The Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, Martin H. Pritikin

Cardozo Law Review

No abstract provided.

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A New Test For Obviousness In Combination Patents: Economic Synergy, Tamir Packin Nov 2006

A New Test For Obviousness In Combination Patents: Economic Synergy, Tamir Packin

Cardozo Law Review

No abstract provided.

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Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella Nov 2006

Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella

William & Mary Law Review

No abstract provided.

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Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo Nov 2006

Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo

William & Mary Law Review

No abstract provided.

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Does The Plaintiff Matter? An Empirical Analysis Of Lead Plaintiffs In Securities Class Actions, Randall Thomas, James D. Cox Nov 2006

Does The Plaintiff Matter? An Empirical Analysis Of Lead Plaintiffs In Securities Class Actions, Randall Thomas, James D. Cox

Vanderbilt Law School Faculty Publications

The PSLRA's lead plaintiff provision was adopted in order to encourage large shareholders with claims in a securities fraud class action to step forward to become the class' representative. Congress' expectation was that these investors would actively monitor the conduct of a securities fraud class action so as to reduce the litigation agency costs that may arise when class counsel's interests diverge from those of the shareholder class. Proponents of the provision claimed that there would be substantial benefits from having institutional investors serve as lead plaintiffs. Now, ten years later, the claim that the lead plaintiff is a more …

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Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski Nov 2006

Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski

Vanderbilt Law School Faculty Publications

Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers, though not entirely immune to the effects of cognitive illusions that have been shown to …

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"Eggshell" Victims, Private Precautions, And The Societal Benefits Of Shifting Crime, Robert A. Mikos Nov 2006

"Eggshell" Victims, Private Precautions, And The Societal Benefits Of Shifting Crime, Robert A. Mikos

Vanderbilt Law School Faculty Publications

Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded citizens, rather than reduce crime. The conventional wisdom likens such precaution-taking to rent-seeking: citizens spend resources to shift crime losses onto other victims, without reducing the size of those losses to society. The result is an unambiguous reduction in social welfare. This Article argues that the conventional wisdom is flawed because it overlooks how the law systematically understates the harms suffered by some victims of crime, first, by …

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Public Safety And Criminal Justice, Kevin Washburn Nov 2006

Public Safety And Criminal Justice, Kevin Washburn

Faculty Scholarship

Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law

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The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale Nov 2006

The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale

William & Mary Law Review

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

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Democratizing The Administrative State, Richard J. Pierce Jr. Nov 2006

Democratizing The Administrative State, Richard J. Pierce Jr.

William & Mary Law Review

Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The …

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Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker Nov 2006

Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker

William & Mary Law Review

Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of the message, …

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Off-Site Conditions And Disclosure Duties: Drawing The Line At The Property Line, Florrie Young Roberts Nov 2006

Off-Site Conditions And Disclosure Duties: Drawing The Line At The Property Line, Florrie Young Roberts

BYU Law Review

No abstract provided.

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The Writing On The Wall: The Potential Liability Of Mediators As Fiduciaries, Rebekah Ryan Clark Nov 2006

The Writing On The Wall: The Potential Liability Of Mediators As Fiduciaries, Rebekah Ryan Clark

BYU Law Review

No abstract provided.

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Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche Nov 2006

Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche

BYU Law Review

No abstract provided.

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Table Of Contents Nov 2006

Table Of Contents

BYU Law Review

No abstract provided.

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The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy Nov 2006

The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy

BYU Law Review

No abstract provided.

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Explanation, Vindication, And The Role Of Normative Theory In Legal Scholarship, Connie S. Rosati Nov 2006

Explanation, Vindication, And The Role Of Normative Theory In Legal Scholarship, Connie S. Rosati

San Diego Law Review

I find Yuracko's inquiry quite intriguing, but I have doubts about the central thesis. My aim, in the discussion that follows, is to press Yuracko on two fronts, one methodological, the other substantive. As concerns substance, I shall say a bit as this commentary progresses about why Yuracko would need much more support to make good on her claim that an implicit perfectionism explains decisional antidiscrimination law. My chief interest, however, lies with certain questions as to what methodology she means to follow in her efforts to develop a more complete theory of employment discrimination law. Yuracko's approach is one …

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Discriminating Shoppers Beware, Dana K. Nelkin Nov 2006

Discriminating Shoppers Beware, Dana K. Nelkin

San Diego Law Review

Such a theory suggests that we need to answer the following question in judging the moral permissibility of discriminatory shopping: Is this act of discriminatory shopping likely to undermine the public equality of our society? To answer this question in turn requires that we check two ways in which public equality could be undermined: first, by people interpreting our actions as sending a message of social inferiority and internalized shame; and second, by exacerbating and amplifying preexisting relationships of injustice.

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Introduction, Sarah Howard Jenkins Nov 2006

Introduction, Sarah Howard Jenkins

Loyola of Los Angeles Law Review

No abstract provided.

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