Law Commons^™

Law School News: Introducing Rwu Law's Sixth Dean 07-01-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Transnational Environmental Law's Missing People, Natasha Affolder

All Faculty Publications

Legal scholars rely heavily on vocabularies of ‘actors’, ‘agents’, and ‘experts’ to account for the fact that law does not develop by itself. However, the identities, idiosyncrasies, and individual professional contributions of law’s people are rarely illuminated. This article suggests that the relative absence of people in transnational legal scholarship helps to explain some of its gaps. The task of bringing ‘human actors back on stage’ creates some new opportunities for transnational environmental law scholarship. It invites attention to both dominant and excluded voices. It offers a way of bridging the gap between the bureaucratic language of law and its …

Innovation Agents, Mirit Eyal-Cohen

Washington and Lee Law Review

The standard narrative of entrepreneurship is one of self-employed creative individuals working out of their garage or independently owned start-up companies. Intrapreneurship— where employees are responsible for being alert to new opportunities inside firms—is another model for developing innovations. Relatively little is known, however, about the latter process through which large, complex firms engage in groundbreaking corporate entrepreneurship.

This Article’s focus is on these types of innovation agents. It provides a thorough account of the positive and negative spillovers of intrapreneurial firms while making the following key points: First, intrapreneurial companies utilize their economies of scale, scope, and age to …

Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, F. Philip Manns Jr.

ACTEC Law Journal

The Uniform Power of Attorney Act (UPOAA), approved in 2006, slightly amended in 2008 and more significantly amended in 2016, has been adopted by 27 U.S. jurisdictions. The UPOAA promotes uniformity in language delineating an agent's powers and mandates that third parties accept notarized powers of attorney. Under the UPOAA, an instrument simply granting an agent authority to do "all acts that a principal could do," vests that agent with broad powers: the precise delineation of those powers is produced by about a dozen pages of UPOAA text automatically incorporated by reference into such "all acts" instruments. However, the UPOAA …

Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans

Nevada Supreme Court Summaries

The Court determined that attorneys do not qualify as agents for the purposes of retaliatory action under NRS 116.31183 where the attorney is providing legal service for a homeowners’ association. The Court further held that an attorney litigating pro se or representing his or her law firm may not collect attorney fees but may collect attorney costs.

Suing Principals Alone For The Acts Of Agents, Jeffrey A. Parness, Alexander Yorko

College of Law Faculty Publications

This past August the Illinois Appellate Court, in Yarbrough v. Northwestern Memorial Hosp., suggested there was never a need to join, or to continue to join, an agent when pursuing a vicarious liability lawsuit against its principal. Herein, we review this statement in Yarbrough. We then counsel lawyers and judges regarding future suits against principals based on the acts of agents. When it reviews the apparent agent issue in Yarbrough, perhaps the Supreme Court will clarify when the joinder of principals and agents may be required.

Corporate Officers As Agents, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.

The States As National Agents, Gillian E. Metzger

Saint Louis University Law Journal

No abstract provided.

Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, Richard J. Hunter Jr., John H. Shannon

Richard J Hunter Jr.

This paper discusses the context of common law and statutory materials dealing with a minor who participate in the entertainment and sports fields. The paper describes the changes undertaken as a result of several notorious cases involving prominent child actors and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The paper then applies and extends the principles developed in entertainment contracts to …

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris

Touro Law Review

No abstract provided.

War Is Governance: Explaining The Logic Of The Laws Of War From A Principal-Agent Perspective, Eyal Benvenisti, Amichai Cohen

Michigan Law Review

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying each other’s capabilities commit to and obey rules designed to limit their choice of targets, weapons, and tactics? Traditionally, answers to this question have been offered on the one hand by moralists who regard the law as being inspired by morality and on the other by realists who explain this branch of law on the basis of reciprocity. Neither side’s answers withstand close scrutiny. In this Article, we develop an alternative explanation that is based on the principal–agent model of domestic governance. …

Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton

Law Faculty Publications

This article examines the importance of understanding agent duties and conflicts of interest, both for drafting a power of attorney that meets a principal’s objectives and for providing guidance to the agent who will act under its authority. Professor Whitton suggests that current custom and practice with respect to powers of attorney often overlooks the need to adjust agent duties to accommodate the principal’s expectations, thus resulting in inadvertent conflicts between the duty to do what the principal expects and default duties of loyalty. The article offers practical guidelines for identifying and reconciling these conflicts, as well as best practices …

Is It Time For A Rule 11 For The Patent Bar?, Ralph D. Clifford

Faculty Publications

The failure to require the patent bar to be completely candid in its dealings with the U.S. Patent and Trademark Office (“PTO”) is one of the reasons behind the patent quality problem in the United States. Although PTO regulations impose a duty of candor on both the patent applicant and his or he attorney, this duty of disclosure is limited to matters already known by the parties. The regulations impose no duty to become educated about the technology that underlies a claimed invention. Indeed, there are rational reasons why a patent applicant might seek an uneducated attorney and order him …

Migrant Workers As Political Agents—Analysis Of Migrant Labourers’ ‘Production Of Everyday Spaces’ In Japan, Hironori Onuki

Faculty of Law, Humanities and the Arts - Papers (Archive)

While specifically focusing on the context of Japan (one of the major destinations of Asian as well as other migrant workers), my research investigates the concrete, contingent and situated practices of global labour migration. the primary research question of my project is: how far and in what ways are global labour migrations implicated in as well as resisting the neoliberal restructing of global political economy? The central hypothesis is that migrant worders, as political subjects, and their everyday social practices not only participate in and depend on but also contest and negotiate the neo-liberal re-configurations of labour-capital relation in the …

Essay -- Preemption, Agency Cost Theory, And Predatory Lending By Banking Agents: Are Federal Regulators Biting Off More Than They Can Chew?, Christopher L. Peterson

ExpressO

A pitched battle is currently being waged for control of the American banking industry. For over a hundred years, the federal and state governments have maintained a complex, but relatively stable truce in their contest for power. At the beginning of our republic, state governments were the primary charterers and regulators of banks. In the wake of the Civil War, the National Bank Act created parity between federal and state banks, cementing the notion of a “dual banking system” that endured through the twentieth century. But in the past five years, the federal government has increasingly used its powers under …

Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg

Michigan Journal of International Law

This Reply proceeds as follows. Part I outlines the argument of the Nzelibe and Yoo paper. Part II considers their principal-agent analysis in the context of the American political system. Part III elaborates on the "democratic peace" literature, demonstrating that it does not support the conclusions that they draw. Part IV addresses the argument that we are in a new strategic situation, such that old rules ought not apply. Part V concludes.

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger

Fordham Urban Law Journal

This article focuses on the reality that women's relationality, and particularly their relationships with men in their lives, profoundly affects the behavior that lands them in the criminal justice system. The author argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender an as interacting subject/agent, is a necessary avenue of response to most women offenders' crimes, and that corrections must go beyond a psychological approach that treats crimes as a form of illness, or a systematic model which attempts primarily to rectify deficits in women's social situation.

The Ncaa's Regulations Related To The Use Of Agents In The Sport Of Baseball: Are The Rules Detrimental To The Best Interest Of The Amateur Athlete?, Richard T. Karcher

Vanderbilt Journal of Entertainment & Technology Law

First, this Article will discuss the NCAA regulations applicable to all sports regarding the use of agents by amateur athletes. Next, this Article will discuss (i) the mechanics of the annual Major League Baseball draft, (ii) the factors that contribute to the necessity and desire for amateur baseball players to retain a competent agent or lawyer before they have extinguished their NCAA eligibility, and (iii) how the NCAA regulations are detrimental to both drafted and draft-eligible amateur baseball players. Finally, this Article will discuss how the NCAA should revise its regulations to better serve the amateur athlete in the sport …

Brief Of Professors Francesco Berlingieri Et Al. A S Amici Curiae In Norfolk Southern Railway Co. V. James N. Kirby Pty . Ltd., John Paul Jones

Law Faculty Publications

From the Summary of Argument:

In the twelve major commercial maritime nations represented by amici, a transport intermediary acts either as an agent or as a principal--depending on the facts of the case--and no legal rule requires an intermediary to act as an agent when it has not agreed to do so. When an intermediary acts as an "agent" to contract on behalf of its customer, the customer is bound by the contract between the intermediary agent and a third-party carrier, but when the intermediary assumes for itself the carrier's role in a contract with its customer, the customer will …

Legal Regulation Of Sports Agents' Activity In The Russian Federation, Mikhail Loukine

Marquette Sports Law Review

No abstract provided.

Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Tie That Doesn't Bind: Fifth Circuit Rules That Non-Signatory Agents Can't Compel Arbitration As Individuals - Westmoreland V. Sadoux, The, Keisha I. Patrick

Journal of Dispute Resolution

In Westmoreland v. Sadoux, the Fifth Circuit addresses the issue of whether a signatory party intended to enter an arbitration agreement with a non-signatory agent of the defendant corporation. The non-signatory agent sought to enforce the arbitration agreement between the signatory party and the signatory corporation in a suit brought against the non-signatory agent in his individual capacity. This case differs from most others that courts have addressed concerning non-signatory agents. In most cases, the complaining party seeks to enforce the arbitration agreement against the non-signatory agent. Yet, in Westmoreland, the nonsignatory agent himself seeks to compel arbitration

The Changing Role Of Agents In Professional Basketball, Bappa Mukherji

Vanderbilt Journal of Entertainment & Technology Law

This Article will discuss the status of agents for NBA players after the adoption of the new collective bargaining agreement (the "1999 Agreement"). First, this Article will summarize the relevant provisions of the prior collective bargaining agreement (the "1996 Agreement") and illustrate how application of these provisions led the owners to declare a lockout. Next, it will review key provisions of the 1999 Agreement. It will conclude by discussing how the new CBA and the recent consolidation in the sports representation business will affect agents.

What Hath Ovitz Wrouqht: Agents V. Managers Revisited, Donald E. Biederman

Vanderbilt Journal of Entertainment & Technology Law

For more than 60 years, a feud has raged between artists' managers and talent agents. In part, this has to do with philosophical differences concerning the role which each plays in the development and furtherance of their clients' careers, and in part it concerns the levels of compensation each can receive. As a general rule of thumb, the job of an agent is to find work for his/her clients, whereas the job of a manager is to guide and develop the client's career. Of equal importance is the manner in which they are regarded by prevailing law. Agents have been …

Gewirth On Necessary Goods: What Is The Agent Committed To Valuing?, Donald H. Regan

Book Chapters

In this chapter I shall be concerned with stage I of Gewirth's argument, in which he argues that the agent must value her freedom and well-being as necessary goods. Stage I has attracted less criticism over the years than stages II and III, but even so, a good deal has been written about it. I do not claim to have found any brand new objection to Gewirth's argument. The core of my objection occurred to me during my first reading of Reason and Morality, and it obviously occurred to a number of other people as well. 3 But it is …

Negotiations Involving Agents And General Managers In The Nhl, Brian Burke

Marquette Sports Law Review

No abstract provided.

Practical Advice For Agents: How To Avoid Being Sued, Edward Vincent King Jr.

Marquette Sports Law Review

No abstract provided.

Union Views Concerning Agents: With Commentary On The Present Situation In Major League Baseball, Donald Fehr

Marquette Sports Law Review

No abstract provided.

Contract Negotiations And Salary Arbitration In The Nhl…An Agent's View, Stephen J. Bartlett

Marquette Sports Law Review

No abstract provided.

Agency And Distributor Legislation In Latin America And The Caribbean: The Impact On U.S. Exporters, Charles M. Harris Jr.

Florida State University Journal of Transnational Law & Policy

No abstract provided.