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Full-Text Articles in Law

Second Life And Cyber-Activism, Timothy Zick Sep 2019

Second Life And Cyber-Activism, Timothy Zick

Timothy Zick

No abstract provided.


Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons Sep 2017

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Joel Pruce

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices. Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …


Shareholder Exit Signs On Us And Eu Highways, Raluca Papadima Sep 2016

Shareholder Exit Signs On Us And Eu Highways, Raluca Papadima

Raluca Papadima

This article discusses legal exit rights (referred to in the United States as appraisal rights and in civil law Europe as withdrawal rights), in the United States, France and Romania. We selected these three countries because they are representative of strong, average and respectively weak capital markets, with varying levels of shareholder activism and litigation (high, normal and respectively low). Additionally, the selection of these countries enabled us to compare the structure of legal exit rights in the United States and in Europe and, within Europe, between two politically, economically and culturally sister countries (France and Romania) which should be …


Leadership On The Federal Bench: The Craft And Activism Of Jack Weinstein, Jeffrey Morris Jun 2013

Leadership On The Federal Bench: The Craft And Activism Of Jack Weinstein, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Hyperactive Judges: An Empirical Study Of Judge-Dependent "Judicial Hyperactivity" In The Federal Circuit, Ted L. Field Apr 2013

Hyperactive Judges: An Empirical Study Of Judge-Dependent "Judicial Hyperactivity" In The Federal Circuit, Ted L. Field

Ted L. Field

This article presents an empirical study of the extent to which individual judges of the U.S. Court of Appeals for the Federal Circuit—which has exclusive jurisdiction over patent appeals—engage in what William C. Rooklidge and Matthew F. Weil call “judicial hyperactivity.” This article defines “judicial hyperactivity” as a form of judicial activism in which a judge improperly “elevate[s] his or her judgment above that of another constitutionally significant actor (e.g., Congress, the President, [or] other Article III courts),” where this improper behavior is not necessarily driven by politics or ideology as is traditional judicial activism. This study considers the extent …


Parsing Judicial Activism, Scott Dodson Dec 2012

Parsing Judicial Activism, Scott Dodson

Scott Dodson

This microsymposium contribution responds to Suzanna Sherry's paper "Why We Need More Judicial Activism" and offers a heuristic--what I call libertarian activism--for distinguishing activism that reduces governmental power from activism that enhances governmental power.


[Review Of The Book Advancing Theory In Labour Law And Industrial Relations In A Global Context], Lance A. Compa Jan 2011

[Review Of The Book Advancing Theory In Labour Law And Industrial Relations In A Global Context], Lance A. Compa

Lance A Compa

[Excerpt] The ideas and insights in Advancing Theory are an important contribution to the on-the-ground social justice movement challenging corporate rule in the global economy. It can even help rescue labor law and industrial relations as intellectual disciplines and career trajectories for a new generation of students and practitioners excited about thinking globally and acting locally.


Corporate Control And The Need For Meaningful Board Accountability, Michelle Harner Feb 2009

Corporate Control And The Need For Meaningful Board Accountability, Michelle Harner

Michelle M. Harner

Corporations are vulnerable to the greed, self-dealing and conflicts of those in control of the corporation. Courts historically have regulated this potential abuse by designating the board of directors and senior management as fiduciaries. In some instances, however, shareholders, creditors or others outside of corporate management may influence corporate decisions and, in the process, extract corporate value. Courts generally address this type of corporate damage in one of two ways: they designate controlling shareholders as corporate fiduciaries and they characterize creditors, customers and others as contract parties with no fiduciary duties.

The traditional roles of corporate shareholders and creditors may …


The Limits Of Hedge Fund Activism, Robert Thompson Feb 2007

The Limits Of Hedge Fund Activism, Robert Thompson

Robert Thompson

Abstract Hedge funds have burst on to the corporate governance scene. Not just as one player among many, but one with the potential to be the long-sought shareholder champion who can effectively discipline management in a world where ownership is separated from control. The argument has been made, with some justification, that these investors face different economic incentives than do traditional institutional investors such as mutual funds or public or private pension funds. The business plan of a typical hedge fund is more compatible with shareholder activism and they lack some of the conflicts of interests that have deterred traditional …


Reconciliation And Social Action In Cyprus: Citizens’ Inertia And The Protracted State Of Limbo, Nicos Trimikliniotis Dec 2006

Reconciliation And Social Action In Cyprus: Citizens’ Inertia And The Protracted State Of Limbo, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper will attempt to chart a normative framework for action for a social politics of reconciliation via a course for citizens’ action across the ethnic divide of Cyprus. It will attempt to consider the context and content of reconciliation in Cyprus at this time and examine the various ‘routes’ to reconciliation, in terms of locating their theoretical, philosophical and ethical points of reference. Whilst ‘reconciliation’ is something that normally takes place after a settlement, the groundwork (conceptual, political and societal) needs to begin whenever the potential is there: the protracted state of limbo that characterises the Cyprus problem as …


Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace Jun 2001

Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace

Sherri L. Wallace

Recently voted as one of Western New York's most influential people for the twentieth century (Gallivan 1999), the Reverend Dr. [Bennett W. Smith, Sr.] Sr.'s own electoral and political activism clearly emanate from the ethical expressions of the social justice ministry of his late friend and comrade, the Reverend Dr. Martin Luther King, Jr. King characterized social justice in terms of "comprehensive social empowerment." He believed that freedom for African-Americans without empowerment (i.e. "Civil Rights"), land and/or other social/economic resources, was not "true" freedom (Walker 1991, 24). King's philosophy, similar to Stokely Carmichael's view of "Black Power," articulated a "call …