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Articles 8881 - 8910 of 10996
Full-Text Articles in Law
Supreme Court Sophistry: More Inequality In The Name Of Equal Protection, Juan F. Perea
Supreme Court Sophistry: More Inequality In The Name Of Equal Protection, Juan F. Perea
Faculty Publications & Other Works
No abstract provided.
Are Illinois Courts Still Champions Of Fiduciary Duties?, Charles W. Murdock, Michael Huiras
Are Illinois Courts Still Champions Of Fiduciary Duties?, Charles W. Murdock, Michael Huiras
Faculty Publications & Other Works
Illinois courts have departed from the corporate-law jurisprudence that traditionally served as a champion of fiduciary duties. Historically, Illinois courts have consistently protected minority shareholders and punished directors and those in control for engaging in unfaithful, abusive, and deceitful behavior. In recent years, however, the Illinois Supreme Court has taken a technical approach to fiduciary duties, resulting in wrongdoers getting away with unconscionable conduct. First, this Article will demonstrate why Illinois has historically been characterized as a “shareholder” state by comparing the Illinois and Delaware corporate statutes and examining Illinois courts’ favorable fiduciary duty jurisprudence. In the latter half of …
Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke
Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke
Faculty Publications & Other Works
Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight the pernicious perception that affirmative action is a racial preference, they allow the bulk of society to participate in the belief that there are no other remedial justifications for affirmative action-like remedying an institution's history of discrimination, or curing a school's present and ongoing discrimination by …
Addressing Ip And Technology Challenges To Pandemic Protection: A Need For Global Coordination To Promote National Security, Cynthia M. Ho
Addressing Ip And Technology Challenges To Pandemic Protection: A Need For Global Coordination To Promote National Security, Cynthia M. Ho
Faculty Publications & Other Works
This Artie!£ argues that effective national security mandates protection against the spread of infectious diseases, which requires addressing intellectual property (IP) and technology obstacles. Without modification, IP laws can bar the manufacture of needed treatments by anyone besides the IP owner and its licensees. Although there was some recognition during the COVID-19 pandemic that existing IP laws should be modified, there was strong resistance not only by IP-owning companies, but also by individual countries that impeded the ability to manufacture needed vaccines during the height of the pandemic. Many global leaders have recognized that future pandemics are inevitabw and that …
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Tenor of Our Times
The South China Sea is home to natural resources and reefs that benefit its surrounding states. International law divides these waters to grant certain rights to each coastal state so as to ensure fair distribution of the waters. As of late, China’s actions in the South China Sea frequently violate the distribution of waters under international law. They have infringed upon the Philippine’s waters and attempted to establish authority over most of the South China Sea, rather than remaining within their own waters. Thus, the Philippines filed arbitration against China, and the ruling rebuked China’s behavior in the South China …
From Streets To Stats: A Statistical Analysis Of The Quantity Of Illegal Narcotics Seized In The United States, Zachary T. Strickland
From Streets To Stats: A Statistical Analysis Of The Quantity Of Illegal Narcotics Seized In The United States, Zachary T. Strickland
Tenor of Our Times
This study aims to determine how seven different variables affect the total quantity of illegal narcotics seized. These seven variables include four dichotomous and three continuous variables, each striving to teach readers how they relate to the quantity of narcotics seized across specific states. My goal for this project is to figure out if there is any relationship to help law enforcement fight the war on drugs. With the continuing apparent rise of this war, this study is crucial in determining potential relationships between a state's characteristics and the quantity of illegal narcotics they forcibly take possession of. I further …
Minutes Are Worth The Minutes: Good Documentation Practices Improve Board Deliberations And Reduce Regulatory And Litigation Risk, Given As The 21st Annual Destefano Lecture, Leo E. Strine Jr.
Fordham Journal of Corporate & Financial Law
This Essay, originally the basis for the 21st Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law given on February 27, 2024, at Fordham University School of Law, addresses the importance of good corporate minuting and board documentation practices. Using lessons from Delaware cases where the quality of these practices has determined the outcome of motions and cases, this Essay identifies effective and efficient practices to better address this decidedly not sexy, but unquestionably essential, corporate governance task. The recent Delaware cases underscore the importance of quality and timely documentation of board decision-making, the material benefits of doing …
Corporate Esg Falls Short: Systemic Anti-Black Racism And Inequality Should Be Addressed Through A Cumulative Integrated Approach, Ferrell L. Littlejohn
Corporate Esg Falls Short: Systemic Anti-Black Racism And Inequality Should Be Addressed Through A Cumulative Integrated Approach, Ferrell L. Littlejohn
Fordham Journal of Corporate & Financial Law
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the “separate but equal” doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against systemic racism through their environmental, social, and governance (“ESG”) initiatives. Corporate stakeholders have actively advocated for these initiatives, particularly in response to recent scholarship revealing the significant involvement of capitalist institutions in historical slavery, and the continued perpetuation of anti-Black racism. Nevertheless, such initiatives, for example, internal diversity, equity, and …
Covid-19 Sports Competition Lockdowns, Return-To-Play Decisions, And Participation Requirements: A Retrospective Review And Future Medicolegal Framework, Matthew J. Mitten, Laurel C. Montag, Abigail C. Barnett
Covid-19 Sports Competition Lockdowns, Return-To-Play Decisions, And Participation Requirements: A Retrospective Review And Future Medicolegal Framework, Matthew J. Mitten, Laurel C. Montag, Abigail C. Barnett
Marquette Sports Law Review
No abstract provided.
How Do You Represent "Those People?", Neil Fulton
How Do You Represent "Those People?", Neil Fulton
Faculty Publications
No abstract provided.
Obesity Management Guideline For The Correctional Setting, Rumi Y. Sato
Obesity Management Guideline For The Correctional Setting, Rumi Y. Sato
Doctor of Nursing Practice (DNP) Scholarly Projects - Archive
Obesity can cause multiple chronic conditions, including cancer and death. Los Angeles jail primary care clinics do not address obesity management despite health hazards, rising costs, and high obesity rates in correctional facilities. The Centers for Medicare and Medical Services (CMS) obesity-management guidelines are over ten years old and outdated. The aim of this Doctor of Nursing Practice (DNP) project was to update the CMS obesity-management guideline with the newest intense behavioral therapy (IBT) evidence to assist the correctional multidisciplinary healthcare team. This project took place in a Los Angeles correctional facility's primary care clinic. A detailed literature review gathered …
Establishing A Future-Proof Framework For Ai Regulation: Balancing Ethics, Transparency, And Innovation, Marcia Narine Weldon, Gabrielle Thomas, Lauren Skidmore
Establishing A Future-Proof Framework For Ai Regulation: Balancing Ethics, Transparency, And Innovation, Marcia Narine Weldon, Gabrielle Thomas, Lauren Skidmore
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Corporate Purpose And The Road, William P. Murray, J. Haskell Murray
Corporate Purpose And The Road, William P. Murray, J. Haskell Murray
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Weighing The Costs Of, And Authority For, A Mandatory Climate Disclosure Regime, Dean John P. Anderson
Weighing The Costs Of, And Authority For, A Mandatory Climate Disclosure Regime, Dean John P. Anderson
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Coster V. Uip Companies, Inc.: Corporate - Delaware Board Elections, William Gass
Coster V. Uip Companies, Inc.: Corporate - Delaware Board Elections, William Gass
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Teaching The Choice Between Vagueness And Precision In Contracts, Naveen Thomas
Teaching The Choice Between Vagueness And Precision In Contracts, Naveen Thomas
Transactions: The Tennessee Journal of Business Law
No abstract provided.
One Semester, One Deal: A Transactional-Practice Focused Syllabus, Kari Sanderson
One Semester, One Deal: A Transactional-Practice Focused Syllabus, Kari Sanderson
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross
Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross
Student Works
No abstract provided.
Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson
Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson
Student Works
No abstract provided.
The Kids Are All Right: Why States Should Stop Violating The Rights Of Transgender Kids, Christopher Vanderwolk
The Kids Are All Right: Why States Should Stop Violating The Rights Of Transgender Kids, Christopher Vanderwolk
Student Works
No abstract provided.
Testing The Test: Questioning The Role Of High-Stakes Standardized Testing In Education, Raul Valcarcel
Testing The Test: Questioning The Role Of High-Stakes Standardized Testing In Education, Raul Valcarcel
Student Works
No abstract provided.
The Ftc And Doj’S Delegated Powers By The Aicoa: A Potential For Perpetuation, Isabella R. Pompeo
The Ftc And Doj’S Delegated Powers By The Aicoa: A Potential For Perpetuation, Isabella R. Pompeo
Student Works
No abstract provided.
Should Your Buzz Support The Fuzz? A Discussion On Recreational Cannabis Generated Revenue And Its Place In Municipality Budgets In An Era Of Heightened Scrutiny Of Local Law Enforcement, N. Farid
Student Works
No abstract provided.
The Cryptocurrency Two-Step: How The Cftc’S Wins In Mcdonnell, My Big Coin Pay, And Monex Eroded The Agency’S Jurisdictional Limits, Jonathan R. Romeo
The Cryptocurrency Two-Step: How The Cftc’S Wins In Mcdonnell, My Big Coin Pay, And Monex Eroded The Agency’S Jurisdictional Limits, Jonathan R. Romeo
Student Works
No abstract provided.
A Twenty-First Century Duck Test: Assessing State Action Doctrine And The Future Of The First Amendment In The Era Of Social Media, Dylan A. Lembo
A Twenty-First Century Duck Test: Assessing State Action Doctrine And The Future Of The First Amendment In The Era Of Social Media, Dylan A. Lembo
Student Works
No abstract provided.
Regulation Of An Industry Created Without Regulation: Implications Of The Cftc’S Attempt To Oversee Crypto’S, Natalie H. Lucciola
Regulation Of An Industry Created Without Regulation: Implications Of The Cftc’S Attempt To Oversee Crypto’S, Natalie H. Lucciola
Student Works
No abstract provided.
Solving The Circuit Split: The First Amendment And The Future Of Social Media Regulation, Christina Lehan
Solving The Circuit Split: The First Amendment And The Future Of Social Media Regulation, Christina Lehan
Student Works
No abstract provided.
Prior Conviction Sentencing: Allowing State Law To Guide The Definition Of “Controlled Substance” Under 4b1.2, Gabrielle Grillo
Prior Conviction Sentencing: Allowing State Law To Guide The Definition Of “Controlled Substance” Under 4b1.2, Gabrielle Grillo
Student Works
No abstract provided.
The Opened Door To Religious Charter Schools & How To Close It, Carla Williams-Pauley
The Opened Door To Religious Charter Schools & How To Close It, Carla Williams-Pauley
Student Works
No abstract provided.
Make Way For Tomorrow: Understanding Film Exhibition’S Past, Present, And Future, Robert A. Picciano
Make Way For Tomorrow: Understanding Film Exhibition’S Past, Present, And Future, Robert A. Picciano
Student Works
No abstract provided.