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Articles 1 - 11 of 11
Full-Text Articles in Law
Smart Contracts: Implications On Liability And Competence, Ryan Hasting
Smart Contracts: Implications On Liability And Competence, Ryan Hasting
University of Miami Business Law Review
Smart contracts are increasingly popular in business and law. Smart contracts are also becoming increasingly complex. Advances in technology allow smart contracts to handle far more intricate transactions than the traditional—and simple— vending machine example. With increased complexity comes increased responsibility. When parties rely on an attorney to review or draft a smart contract, that attorney must understand what he or she is reading or writing. Smart contracts, however, are not written in a language most attorneys can understand, let alone write. While a general description of the contract may be translated into plain English, the contract itself is written …
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
The Legal Issues Of Introducing Independent Members Into The Supervisory Board, M.M. Kamalov
The Legal Issues Of Introducing Independent Members Into The Supervisory Board, M.M. Kamalov
Review of law sciences
The article studies the legal significance and value of joining independent bodies in the composition of the supervisory body of the joint-stock company. The author studied the rights and duties of joint-stock companies of independent members of the supervisory body and also examined their regulatory activities under national legislation in comparison with the legislation of foreign countries. As a result of the research, the author advised proposals and recommendations on determining the legal status of independent members of the supervisory board.
Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips
Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips
The Journal of Business, Entrepreneurship & the Law
As the legal industry continues to recover from the shock of the recent recession, it finds itself in a fundamentally different place than it was ten years ago, with even more tumultuous change on the horizon. Economic pressure coupled with continued technological innovation has increased attorney unemployment levels, shifted law firm business models, and changed the expectations of legal clientele. Yet, despite this radically shifting market place, legal education has remained fundamentally unchanged. This article examines the current state of the legal industry through an entrepreneurial lens and juxtaposes it with the current state of legal education. In doing so, …
Conscripting Attorneys To Battle Corporate Fraud Without Shields Or Armor? Reconsidering Retaliatory Discharge In Light Of Sarbanes-Oxley, Kim T. Vu
Michigan Law Review
This Note advocates that federal courts should allow attorneys to bring retaliatory discharge claims under SOX. Traditional rationales prohibiting the claims of retaliatory discharge by attorneys do not apply in the context of Sarbanes-Oxley. This Note contends that the Department of Labor and the federal courts should interpret the whistleblower provisions of § 806 as protecting attorneys who report under § 307. Assuring reporting attorneys that they have protection from retaliation will encourage them to whistleblow and thereby advance SOX's policy goal of ferreting out corporate fraud. Part I explores the legal landscape of retaliatory discharge suits by attorneys. This …
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Faculty Scholarship
In the wake of Enron's and numerous other corporate scandals, Congress enacted the Sarbanes-Oxley Act, which empowered the Securities and Exchange Commission (the Commission) to establish rules of professional conduct for attorneys who appear before it. In November 2002, the Commission released a proposal where attorneys would be required to report perceived violations of corporate governance and Commission rules up-the-ladder. Additionally, if the company failed to make an appropriate response, the attorney would be required to make a noisy withdrawal. After an onslaught of comments against the proposal, the Commission issued an alternative proposal for comment.
Under the alternative rule, …
On Being A Muslim Corporate Lawyer, Azizah Y. Al-Hibri
On Being A Muslim Corporate Lawyer, Azizah Y. Al-Hibri
Law Faculty Publications
It appears to me that religion subconsciously informs our individual professional practice and that a non-humanitarian form of secularism has quietly shaped our corporate laws. The attendant dissonance causes severe dissatisfaction, and at times even disfunction, in our society. The claim that our present corporate laws are imbued with a non-humanist secularist perspective deserves closer examination from a religious vantage point. Given our constitutional guarantees, our present legal structure appears to place undue burdens on persons of faith in this country. A more just balance between religious and various forms of secular perspectives is, I submit, a worthy goal for …
Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis
Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis
Publications
Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …
The Attorney-Client Privilege: A Look At Its Effect On The Corporate Client And The Corporate Executive, E. Elizabeth Perlman
The Attorney-Client Privilege: A Look At Its Effect On The Corporate Client And The Corporate Executive, E. Elizabeth Perlman
Indiana Law Journal
No abstract provided.
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Villanova Law Review
No abstract provided.
The Role Of The Corporation Counsel, William T. Gossett
The Role Of The Corporation Counsel, William T. Gossett
Washington and Lee Law Review
No abstract provided.