Law Commons^™

Contractual Communication, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

In this Response, I will investigate the foundations of both shared and unshared meaning in legal communication. Part I takes a step back from contractual communication and offers a preliminary sketch of a general model of legal communication; the sketch draws on speech act theory and the work of Paul Grice, extending and modifying many of the insights developed by Kar and Radin. Part II turns to contractual communication, differentiating distinct “situations of contractual communication” and interrogating Kar and Radin’s Shared Meaning Analysis. Part III interrogates Kar and Radin’s distinction between “contract” and “pseudo-contract.” The conclusion of the Response briefly …

Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski

Law Faculty Scholarship

The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.

November 7, 2019: The Politics Of Carl Schmidt Versus The Politics Of Abraham Lincoln, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Politics of Carl Schmidt versus the politics of Abraham Lincoln“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White

Articles & Book Chapters

Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and …

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Chancery’S Greatest Decision: Historical Insights On Civil Rights And The Future Of Shareholder Activism, Omari Scott Simmons

Washington and Lee Law Review

This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.

Shareholder activism—using an equity stake in a corporation to influence management—has become a popular tool to effectuate social change in the twenty-first century. Increasingly, activists are looking beyond financial performance to demand better corporate performance in such areas as economic inequality, civil rights, human rights, discrimination, and diversity. These efforts take many forms: publicity campaigns, litigation, proxy battles, shareholder resolutions, and negotiations with corporate management. However, a consensus on …

Reaching Through The “Ghost Doxer:” An Argument For Imposing Secondary Liability On Online Intermediaries, Natalia Homchick

Washington and Lee Law Review

Imagine you have decided to run for office, to speak out publicly against an injustice, to enter the job market, or even to join a new online forum. Now, imagine after starting your chosen endeavor, you go online to discover that someone who disagrees with your position posted your personal information on the internet and called for others to harass you. To make matters worse, you realize that you cannot determine who posted your personal data. You have been doxed. Because you cannot identify the person who posted your information, where can you turn for recourse? The next logical party …

Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson

Washington and Lee Law Review

The United States was founded in part on the principle of freedom of religion, where citizens were free to practice any religion. The founding fathers felt so strongly about this principle that it was incorporated into the First Amendment. The Free Exercise Clause states that “Congress shall make no law . . . prohibiting the free exercise thereof . . . .” The Supreme Court later adopted the neutral principles approach to avoid Free Exercise violations resulting from courts deciding real property disputes. Without the application of the same neutral principles to intellectual property disputes between churches, however, there is …

Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights, Sarah C. Haan

Washington and Lee Law Review

This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.

What does “corporate democracy” mean? How far does federal law go to guarantee public company investors a say in a firm’s policies on important social, environmental, or political issues? In 1972, the U.S. Supreme Court appeared ready to start sketching the contours of corporate democracy—and then, at the last minute, it pulled back. This Article tells the story of Securities and Exchange Commission v. Medical Committee for Human Rights …

Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Social Activism Through Shareholder Activism, Lisa M. Fairfax

Washington and Lee Law Review

This article is based on the author's keynote address at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.

In 1952, the SEC altered the shareholder proposal rule to exclude proposals made “primarily for the purpose of promoting general economic, political, racial, religious, social or similar causes.” The SEC did not reference civil rights activist James Peck or otherwise acknowledge that its actions were prompted by Peck’s 1951 shareholder proposal to Greyhound for desegregating seating. Instead, the SEC indicated that its change simply reflected a codification …

From Public Policy To Materiality: Non-Financial Reporting, Shareholder Engagement, And Rule 14a-8’S Ordinary Business Exception, Virginia Harper Ho

Washington and Lee Law Review

This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.

In 2017, shareholder proposals urging corporate boards to report on their climate-related risk made headlines when they earned majority support from investors at ExxonMobil, Occidental Petroleum, and PPL. The key to this historic vote was the support of Blackrock, State Street, and Vanguard, which broke with management and cast their votes behind the proposals. The 2018 proxy season saw several more climate-related proposals earn majority support, and in 2018 …

"The Weak Are Meat, And The Strong Do Eat"; Representations Of The Slaughterhouse In Twentieth And Twenty-First Century Literature, Stephanie Lance

USF Tampa Graduate Theses and Dissertations

This dissertation explores how literary representations of the slaughterhouse predict the trajectory of human greed that is fueled by capitalist economic practices that shape environmental policies. I argue that literature brings attention to what is generally hidden from public view: the way humans and animals are erased in the production of food, which includes the inhumane treatment of humans and other animals in the slaughterhouse. The literature in this dissertation provides an avenue through which we can investigate the entangled oppression of humans and other animals in an effort to challenge perceptions that reduce animals, and marginalized humans, to objects. …

Knowledge And Desires Of Parents Of Middle School Students With Intellectual Disability Regarding Inclusive Education Laws And Practices In South Korea: Qualitative Case Study, Yunji Jeong

Special Education ETDs

The purpose of this study was to examine the knowledge and desires of parents of middle school students with ID regarding inclusive education practices and laws in South Korea. I interviewed seven mothers of children with ID who attended South Korean middle school. Three themes emerged including (a) mother-teacher communication, (b) particular knowledge that suppressed further desires for inclusive education, and (c) culture-based advocacy for inclusive education. I discussed these findings based on Confucianism, collectivism, social and medical models of disability, and Rawls’s theory of justice. The mothers neither knew about inclusive education laws nor valued the laws. Instead, they …

Once Upon A Time There Was A Mountain Of Paper, Robert P. Zaepfel Jr.

Showcase of Graduate Student Scholarship and Creative Activities

Abstract

James Madison University and the Office of Human Resources recently faced a significant challenge in the arena of records management. As the department migrated to an electronic records management system a unique yet complicated situation arose from simultaneously storing unorganized boxes of duplicate paper records. This topic which was presented at the CUPA-HR (College and University Professional Association for Human Resources) Southern Regional Conference last April and again this year at the SHRM (Society for Human Resource Management) National Conference will focus on the importance of a strategic and analytical approach to electronic records management, paper removal, sensitive data …

Right Of Repair In The Digital Economy, Jessica Silbey

Faculty Scholarship

We have long understood that people have a right to repair what they own, but this right to repair is under siege. A new article by Leah Chan Grinvald and Ofer Tur-Sinai explains how IP rules are inhibiting these repair rights and why laws protecting the right to repair are necessary and justifiable. As I explain below, authors Grinvald and Tur-Sinai describe the growing right to repair movement pushing for legislation to protect the right to repair and show how intellectual property laws should facilitate not interfere with consumers rights to repair what they own. The authors also propose a …

The Fair Open Access Breakdown Of Publication Services And Fees, Fair Open Access Alliance, Saskia De Vries

Copyright, Fair Use, Scholarly Communication, etc.

The Fair Open Access Alliance (FOAA) is pleased to present its Breakdown of Publication Services and Fees. A few years ago, FOAA invited several publishers and platforms in a consortium to formulate a response to the ORE call. Members of that group continued to meet informally to discuss the future of academic publishing in Fair Open Access. Specifically, discussions between FOAA and these individual publishers centered on identifying a set of service baskets that could group the various service components provided by an academic publisher, in the context of the price transparency requirement set forth by Plan S. Based on …

Insurance--Liability Of Insurer For Unauthorized Act Of Soliciting Agent, H. G. U.

West Virginia Law Review

No abstract provided.

The Moment Of Conclusion Of The Agreement For Administering Bond Collateral, Wojciech Chabasiewicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The effectiveness of bond collaterals is of great importance in the first place for bondholders, but in a broader perspective for the entire debt securities market. Ensuring that established collateral guarantees real security is a condition for increasing confidence in the market. This should be fostered by an appropriate interpretation of the law, consistent with the objectives of the regulation. The provisions only slightly regulate the matters related to the collateral administration agreement. Despite the small amount, the rules are inconsistent, and their application raises a lot of doubt. One of them is the question of when the security administration …

State Of Utah, Plaintiff/ Appellee V. Alan Seal, Defendant / Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from revocation of probation and execution of previ­ously-imposed sentences in the Fourth Judicial District, Utah County, the Honorable Christine Johnson presiding

DOUGLAS J. THOMPSON, Counsel for Appellant

JEFFREYS. GRAY (5852), SEAN D. REYES (7969), DOUGLAS W. FINCH Utah County Attorney's Office, Counsel for Appellee

Principles Of Appealing Against Resolutions Of Bondholders’ Meetings – Selected Issues, Angelina Stokłosa

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses selected issues related to the basic principles of appealing against the resolutions of bondholders’ meetings. To date this problem has not been much attention among academics, and all observations connected with it are only contributory. It should be assumed that the inclusion of the subject matter using the mechanism of “analogy”, i.e. by referring to the regulation on the broadly described in the doctrine of the regime of appealing against resolution of the general stockholders meetings’ in the corporations does not exhaust the subject. What is more, as it seems, this approach shall be regarded as methodologically …

Cancellation Of Interest Payments Under At1 Bonds – Regulatory Framework, Aleksander Kowalski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

AT1 bonds are the newest type of hybrid financial instruments which, thanks to specific mechanisms of the issuer’s loss absorption, constitute a surrogate for the bank’s capital. One of these mechanisms is the special feature in the form of the possibility of total cancellation of the payment of interest by the issuer. In the early period of development of the AT1 bond market, the risk of suspension of interest payments based on discretionary rights of the issuer was quite commonly treated as unlikely. However, the risk of suspension of interest payments materialized at the beginning of 2016, when the rumors …

The Principle Of Personal Identity And Time Continuity Of The Bond Issuer, Szymon Syp

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article deals with an interesting issue of the so-called principle of personal identity and time continuity of the bond issuer. This issue has been discussed, in the first place, in relation to the general principles regarding the assumption of debt in the light of the Civil Code, and secondly, in the context of the legal structure of the bond and legal relations incorporated in bonds. The article reviews the views of the doctrine regarding the principle of personal identity and time continuity of the bond issuer. It covers also the Author’s own standpoint on the subject matter. The article …

Corporate Bonds Congress, Warsaw, 21–22 October 2019, Krzysztof Dziubiński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Tomasz Sójka, Uprawnienia Organizacyjne Obligatariuszy. Studium Cywilnoprawne Ze Szczególnym Uwzględnieniem Pozasądowej Restrukturyzacji Zobowiązań Z Obligacji [Organisational Rights Of Bondholders. Civil Law Study With Particular Emphasis On Out Of Court Restructuring Of Liabilities From Bonds], Beck, Warsaw 2018, Angelina Stokłosa, Szymon Syp

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

What Is The Meaning Of A “Safe Berth” Clause In A Charter Party?, Robert Jarvis

Faculty Scholarship

No abstract provided.

Preview—County Of Maui, Hawaii V. Hawaii Wildlife Fund: Clean Water Act Regulation Of Point Source Pollution Conveyed Through Groundwater, Connlan W. Whyte

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Wednesday, November 6, 2019, at 10:00 a.m. at the Supreme Court Building in Washington, D.C. Elbert Lin will likely appear for the Petitioner. David Lane Henkin will likely appear for the Respondents. Solicitor General, Noel J. Francisco, will argue on behalf of the United States.

Week Of November 4, 2019 - November 8, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Antitrust Society
• Cardozo Art Law Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Intellectual Property and Information Law Program
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Law Student Bar Association
• Cardozo Office of Diversity & Inclusion
• Cardozo OUTLaw
• Cardozo Students for Human Rights
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Women in Tech Law

Mmu: 11/04/19–11/10/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Monday Morning Message from President Patel
• Externship Q&A Session
• Lunch Conversation with Prof. Paolo Carozza
• Daily Commons Menu Specials
• Daily Mass Schedule
• Morning Prayer with CLS
• Father Mike Informational Meeting
• Deadline for Spring 2020 Externship Applications
• EBB Training Session (Mac users)
• Interview Workshop #1
• New York Bar Exam Application
• My 1L Summer Experience: A Student Panel
• Galilee Program on Professionalism and Networking
• JAG Panel
• Interview Workshop #2
• Roaming Free: Wild Horses, Conservation, and the American West
• The Federalist Society with DeNicola Center for Ethics and Culture, and the Christian Legal Society Present: The Decline of Mercy …