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Articles 91 - 120 of 145
Full-Text Articles in Law
The Integrity Of Delaware’S Corporate Dissolution Statute After Territory Of The United States Virgin Islands V. Goldman, Sachs & Co.: Is Extended Post-Dissolution Shareholder Liability A Necessary Component Of Delaware’S Corporate Dissolution Scheme?, Edward T. Pivin
Saint Louis University Law Journal
No abstract provided.
Beyond The Tide: Beginning Admiralty With The Steamboat Magnolia, Joel K. Goldstein
Beyond The Tide: Beginning Admiralty With The Steamboat Magnolia, Joel K. Goldstein
Saint Louis University Law Journal
No abstract provided.
Guilty Pleasures Of Teaching Admiralty, David J. Bederman
Guilty Pleasures Of Teaching Admiralty, David J. Bederman
Saint Louis University Law Journal
No abstract provided.
Our High Court Of Admiralty And Its Sometimes Peculiar Relationship With Congress, David W. Robertson
Our High Court Of Admiralty And Its Sometimes Peculiar Relationship With Congress, David W. Robertson
Saint Louis University Law Journal
No abstract provided.
Teaching Admiralty, Thomas C. Galligan Jr.
Teaching Admiralty, Thomas C. Galligan Jr.
Saint Louis University Law Journal
No abstract provided.
One Approach To Teaching Maritime Law: The Admiralty Classroom As A Stage, Taylor Simpson-Wood
One Approach To Teaching Maritime Law: The Admiralty Classroom As A Stage, Taylor Simpson-Wood
Saint Louis University Law Journal
No abstract provided.
Forty-Five Years Of Teaching Admiralty Law, Joseph C. Sweeney
Forty-Five Years Of Teaching Admiralty Law, Joseph C. Sweeney
Saint Louis University Law Journal
No abstract provided.
Teaching Admiralty As A Part Time Job, Edward V. Cattell Jr.
Teaching Admiralty As A Part Time Job, Edward V. Cattell Jr.
Saint Louis University Law Journal
No abstract provided.
Ordering Chaos At Sea: Preparing For Somali Pirate Attacks Through Pragmatic Insurance Policies, Laura L. Hardy
Ordering Chaos At Sea: Preparing For Somali Pirate Attacks Through Pragmatic Insurance Policies, Laura L. Hardy
Saint Louis University Law Journal
No abstract provided.
Why Admiralty Should Be Studied In Law School, Neal W. Settergren
Why Admiralty Should Be Studied In Law School, Neal W. Settergren
Saint Louis University Law Journal
No abstract provided.
Should Foreign Sales Exhaust U.S. Patent Rights Post Quanta?, John R. Schroeder
Should Foreign Sales Exhaust U.S. Patent Rights Post Quanta?, John R. Schroeder
Saint Louis University Law Journal
No abstract provided.
Devising A Legislative Solution To The Reverse Payment Dilemma: How Congress Can Balance Competition, Innovation, And The Public Policy Favoring The Settlement Of Disputes Without Litigation, Timothy A. Weil
Saint Louis University Law Journal
No abstract provided.
Imitation Or Improvement? The Evolution Of Shareholder Derivative Litigation In The United States, United Kingdom, Canada, And Australia, Ann M. Scarlett
Imitation Or Improvement? The Evolution Of Shareholder Derivative Litigation In The United States, United Kingdom, Canada, And Australia, Ann M. Scarlett
All Faculty Scholarship
Shareholder derivative litigation is a target of constant criticism within the United States (U.S.). Many scholars advocate for its abolition and others propose strict limitations on its use. If shareholder derivative litigation were universally disfavored, one would expect countries to be abandoning such litigation through legislative enactments or judicial rulings. Instead, many countries are expanding shareholder derivative litigation.
This Article compares the shareholder derivative action as developed in the U.S. with such actions in the United Kingdom, Canada, and Australia. The U.S. has the most recognized and frequent uses of shareholder derivative actions, whereas such actions are rare in the …
Mandatory Disclosure In The Market For Union Representation, Matthew T. Bodie
Mandatory Disclosure In The Market For Union Representation, Matthew T. Bodie
All Faculty Scholarship
For over sixty years, the National Labor Relations Board has followed the “laboratory conditions” doctrine in its regulation of representation elections. According to the doctrine, the Board must provide workers with an electoral “laboratory” in order to determine the “uninhibited desires” of the employees. Elections are vacated and conducted anew if the winning party violated the laboratory conditions. The laboratory conditions doctrine suggests an active and vigorous role for the Board in providing employees with the proper election environment. However, the Board’s regulation has largely focused on keeping out electoral impurities and has done little to make sure employees have …
Employees And The Boundaries Of The Corporation, Matthew T. Bodie
Employees And The Boundaries Of The Corporation, Matthew T. Bodie
All Faculty Scholarship
Employees have no formal role in U.S. corporate law. According to most theories of the firm, however, employees play a critical role in differentiating firms from markets. This essay examines the disparity in treatment and seeks to understand the ramifications of the separation of employees from the corporation. After discussing the absence of employees from the corporate structure, the essay looks at the role of the employees in theories of the firm. In contrast to corporate law, these theories generally include employees within the core of the firm, and they often explain the nature and purpose of the firm in …
The New Common Law Courts, Culture, And The Localization Of The Model Penal Code, Anders Walker
The New Common Law Courts, Culture, And The Localization Of The Model Penal Code, Anders Walker
All Faculty Scholarship
Few tropes in American law teaching are more firmly entrenched than the criminal law division between Model Penal Code and common law states. Yet, even a cursory look at current state codes indicates that this bifurcation is outmoded. No state continues to cling to ancient English common law, nor does any state adhere fully to the Model Penal Code. In fact, those states that adopted portions of the Code have since produced a substantial body of case law – what this article terms “new common law” – transforming it. Taking the controversial position that criminal law pedagogy is antiquated, this …
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
All Faculty Scholarship
This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …
Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson
Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson
All Faculty Scholarship
The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stands as an indictment not just of our national energy priorities and environmental law enforcement; it equally represents a failure of Anglo-American corporate law and what passes for corporate social responsibility in business today. Using BP and the disaster as a compelling case study, this Article examines green marketing and corporate governance and identifies elements of each that encourage firms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. The Article then proposes reforms and protections designed to increase corporate social …
Cost And Sentencing: Some Pragmatic And Institutional Doubts, Chad Flanders
Cost And Sentencing: Some Pragmatic And Institutional Doubts, Chad Flanders
All Faculty Scholarship
In 2010, the Missouri Sentencing Commission recommended that, in addition to offense and offender characteristics, the pre-sentencing reports prepared for the sentencing judges should also include the costs of various possible sentences. In this brief essay, I focus mainly the pragmatic case for considering cost as a factor in judicial sentencing, asking about what goals adding cost is supposed to achieve, and whether it will in fact achieve those goals. I ask three questions in particular: (1) Will including cost in the Missouri Sentencing Assessment Reports (SARs) actually change judicial behavior in the ways supporters of the reform favor? (2) …
Teaching Admiralty Popularly, Robert M. Jarvis
Teaching Admiralty Popularly, Robert M. Jarvis
Saint Louis University Law Journal
No abstract provided.
Employer Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Employer Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Saint Louis University Law Journal
No abstract provided.
Bills To Pay And Mouths To Feed: Forfeiture And Due Process Concerns After Alvarez V. Smith, Nicholas A. Loyal
Bills To Pay And Mouths To Feed: Forfeiture And Due Process Concerns After Alvarez V. Smith, Nicholas A. Loyal
Saint Louis University Law Journal
No abstract provided.
Trials And Other Entertainment, Stuart Banner
Trials And Other Entertainment, Stuart Banner
Saint Louis University Law Journal
No abstract provided.
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth–Century Headline Trial, Carolyn B. Ramsey
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth–Century Headline Trial, Carolyn B. Ramsey
Saint Louis University Law Journal
No abstract provided.
The Delinquent State: Illinois And Compliance With Workers’ Compensation Judgments, Michelle M. Rich
The Delinquent State: Illinois And Compliance With Workers’ Compensation Judgments, Michelle M. Rich
Saint Louis University Law Journal
No abstract provided.
Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson
Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson
All Faculty Scholarship
Every year, law-makers and agency regulators, with the input of industry experts and scientists, make hundreds of decisions about how to regulate conduct and allocate resources to address various types of risks that threaten the well-being of American citizens. In fact, managing and minimizing risk is one of the most important tasks of today’s policy-makers. In spite of this fact, most actions are taken without systematic consideration of the preferences of the very people whose welfare is at stake. There are two reasons for this. First, the dominance of Traditional Risk Analysis, with its emphasis on statistics and cost-benefit analysis, …
Investors Beware: Assessing Shareholder Derivative Litigation In India And China, Ann M. Scarlett
Investors Beware: Assessing Shareholder Derivative Litigation In India And China, Ann M. Scarlett
All Faculty Scholarship
In response to the 2008 financial crisis, the United States government bailed out many business entities in exchange for equity and debt interests in such entities. It also dramatically increased the regulations imposed on businesses. This level of government ownership and intervention in corporations is rare in free-market capitalist systems such as the United States. Government ownership and control, however, are common among historically socialist countries such as India or communist countries such as China. Yet, the United States’ recent actions stand in stark contrast to the trend in India and China, which have both been moving toward more capitalist …
Choosing Justices: How Presidents Decide, Joel K. Goldstein
Choosing Justices: How Presidents Decide, Joel K. Goldstein
All Faculty Scholarship
Presidents play the critical role in determining who will serve as justices on the Supreme Court and their decisions inevitably influence constitutional doctrine and judicial behavior long after their terms have ended. Notwithstanding the impact of these selections, scholars have focused relatively little attention on how presidents decide who to nominate. This article contributes to the literature in the area by advancing three arguments. First, it adopts an intermediate course between the works which tend to treat the subject historically without identifying recurring patterns and those which try to reduce the process to empirical formulas which inevitably obscure considerations shaping …
Leading The Court: Studies In Influence As Chief Justice, Joel K. Goldstein
Leading The Court: Studies In Influence As Chief Justice, Joel K. Goldstein
All Faculty Scholarship
Chief Justice Roberts has now completed five years of what is likely to be a lengthy tenure in the Court’s center seat. The quality of his institutional leadership, like that of his predecessors, resists confident contemporary assessment to a unique degree among principal offices of American government inasmuch as much of what a Chief Justice does is invisible to all but a relatively few observers, most or all of whom generally remain discreetly silent about such matters. Nonetheless, history counsels that the professional and interpersonal skill which a Chief Justice displays may substantially affect the Supreme Court and the quality …