Law Commons^™

Chairmanship: The Effective Chair-Ceo Relationship: Insight From The Boardroom, Elise Walton

Ira M. Millstein Center for Global Markets and Corporate Ownership

This paper examines the role of the corporate Chair in the context of one of the most important relationships the Chair has – his or her relationship with the company’sCEO. To approach the topic, the Chairmen’s Forum sponsored a research effort to interview experienced Chairs,CEOs and stakeholders. After the Forum agreed on the project, a research plan was designed and approved by the sponsors. Key interview questions and interview candidates were reviewed and approved. The main areas of the interview included: background experience with the two roles; successful situations and what worked; challenges and what didn’t work; how a relationship …

Selected Works - Professor Fred C. Zacharias

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Remembering Fred, Guido Calabresi

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam To Professor Fred C. Zacharias, Orly Lobel

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman

San Diego Law Review

As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred’s 1991 article in the Vanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice?. I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor’s ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor’s duty not to win a case but to see …

Fred Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent, Randy Lee

San Diego Law Review

This Article seeks to embrace Professor Zacharias’s call for lawyers to consider more deeply what it means for a lawyer—and here particularly a government lawyer—to do justice. In so doing, it recognizes two parameters that Professor Zacharias wisely established for this task: first, that lawyers need direction that is concrete in how to behave as lawyers; and second, that lawyers can understand “justice,” “fairness,” and “truth” to be amorphous concepts and that lawyers may even attempt to define those terms with equally amorphous words. This Article also recognizes, however, that although justice, fairness, and truth can be reduced to abstraction, …

Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine

San Diego Law Review

This essay delineates a three-tiered approach that incorporates not only the lawyer’s duty to the client and to society, but also the lawyer’s obligation to take into consideration the duty to self, which includes fidelity to the lawyer’s personal ethical values and commitments. In addition, rather than placing the various interests in hierarchical opposition, requiring that one duty invariably prevail over the others, the three-tiered approach looks to consider ways in which competing interests might balance or, at times, be reconciled with one another. To illustrate the three-tiered approach to the lawyer’s ethical obligations, this essay focuses on the lawyer’s …

Globalization And Eligibility To Deliver Legal Advice: Inbound Legal Services Provided By Corporate Counsel Licensed Only In A Country Outside The United States, Carol A. Needham

San Diego Law Review

The regulation of cross-border delivery of legal services remains in flux. Clients in the United States, particularly sophisticated corporate clients, should be allowed to utilize the special expertise possessed by lawyers licensed outside the United States. Key reforms that at this point are gaining traction include the following: allowing lawyers licensed outside the United States to qualify for limited licenses as in-house counsel; broadening the scope of practice so that all foreign legal consultants are allowed to give legal advice related to third-country and international law; and allowing fly in, fly out practice while temporarily present in the host state. …

Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein

San Diego Law Review

This Article develops a question that intrigued Fred: prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and why prosecutors resist allowing DNA testing and, more startlingly, deny the obvious implications of DNA evidence when that evidence exonerates the convicted.

Part II of this Article briefly summarizes two of Fred’s major articles on the subject of prosecutorial ethics. Part III documents the problem of postconviction DNA exonerations and prosecutors’ varied reactions. …

When Realism And Idealism Collided In Fred Zacharias's Work On The Purposes And Limitations Of Legal Ethics Codes, Ted Schneyer

San Diego Law Review

I look back at one of Fred’s early works, a 1993 article entitled Specificity in Professional Codes: Theory, Practice, and the Paradigm of Prosecutorial Ethics. Specificity concerns the formal characteristics of legal ethics codes rather than the substantive values they embody. That topic might seem dry, but the article is intriguing because it evidences a clash between idealism and realism in Fred’s thinking. Although both strands of thought were prominent in much of Fred’s work, the clash between them was never starker than in Specificity. There, Fred the idealist offered up an elaborate methodology for drafting of legal ethics codes …

Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

The purpose of this paper is to examine the liberalization of Taiwan’s capital market regarding cross-Taiwan-Strait listing of securities. Taiwan is in an advantageous position to compete with other Asian rivals to attract issuers and capital from China. However, the long political hostility ensures that there is little regulatory cooperation on both sides of the Taiwan Strait. Assuming that the creation of a cross-strait capital market is an unstoppable trend, this paper examines from the perspective of regulatory competition several regimes that may facilitate Taiwan to overcome regulatory obstacles arising from the special Sino-Taiwan relationship. This paper argues that regulatory …

Executive Deference In U.S. Refugee Law: Internationalist Paths Through And Beyond Chevron, Bassina Farbenblum

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey

Duke Law Journal

The common understanding of the First Amendment is that its purpose is primarily libertarian, serving to protect private citizens' expression from government censorship. In the modern era, however, the government's pervasive presence-especially in the role of funder of private activity-has blurred the lines between governmental and private speech. Further, the relatively new, increasingly influential government speech doctrine-which dictates that the government will not be subjected to First Amendment scrutiny when it is engaging in communication-has been the Supreme Court's guidepost of late when the Court has been confronted with a case involving expression with both private and public elements. The …

Relevance And Fairness: Protecting The Rights Of Domestic-Violence Victims And Left-Behind Fathers Under The Hague Convention On International Child Abduction, Noah L. Browne

Duke Law Journal

Thirty years ago, the international community took a hard line against international parental kidnapping. The Hague Convention on the Civil Aspects of International Child Abduction allows parental child abduction only in rare circumstances, such as when returning the child would create a "grave risk" of harm. Recently, mothers who have abducted their children when fleeing domestic violence have successfully pled this grave-risk exception, demonstrating the Convention's relevance to the realities of domestic violence. This Note welcomes that development, but argues that the rights of left-behind parents, who increasingly are fathers, must also be taken into account. Left-behind fathers, whether guilty …

Changes May Mean Slaying Sacred Cows, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Changing may means slaying sacred crows

A Demographic Snapshot Of America's Federal Judiciary: A Prima Facie Case For Change, Jonathan K. Stubbs

Law Faculty Publications

Nearly a decade ago, then judge Sonia Sotomayer gave a speech at the U.C. Berkeley Law School and asked a simple question: “What it all will mean to have more women and people of color on the bench?” This article places Justice Sotomayer’s perceptive question in historical context by providing a demographic profile of the gender and race of federal judges confirmed to the bench from September 24, 1789 through January 13, 2011. The paper focuses principally upon federal courts of general jurisdiction, specifically, the Supreme Court, the various Courts of Appeal and the federal district courts. After presenting historical …

American Policing At A Crossroads, Tom R. Tyler, Stephen J. Schulhofer, Aziz Huq

Public Law and Legal Theory Working Papers

As victimization rates have fallen, public preoccupation with policing and its crime control impact has receded. Terrorism has become the new focal point of concern. But satisfaction with ordinary police practices hides deep problems. The time is therefore ripe for rethinking the assumptions that have guided American police for most of the past two decades. This essay proposes an empirically grounded shift to what we call a procedural justice model of policing. When law enforcement moves toward this approach, it can be more effective, at lower cost and without the negative side effects that currently hamper responses to terrorism and …

Patent Liability Rules As Search Rules, Jonathan Masur

Public Law and Legal Theory Working Papers

Patent law’s infringement doctrines, commonly understood to be simply rules of liability, are in fact search rules as well. Patent liability rules determine not only who will be responsible for what conduct, but also when patent holders and potential infringers will benefit from locating (or remaining ignorant of) one another. They thus affect the conditions under which parties will have incentives to engage in search. The dynamics of patent search are actually quite complicated. Under normal circumstances, patent law’s liability rules generate approximately optimal investments in search as both patent holders and possible infringers have incentives to locate one another. …

The Signaling Function Of Religious Speech In Domestic Counterterrorism, Aziz Huq

Public Law and Legal Theory Working Papers

A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate signals of terrorism risk from potentially overwhelming background noise and persuade juries or fact finders that those signals warrant coercive action. Selection of accurate signals of terrorism danger in the information-poor circumstances of domestic counterterrorism is arguably a central challenge today for law enforcement tasked with preventing further terrorist attacks. To an underappreciated extent, governments have used religious speech as a …

Why Does The Public Cooperate With Law Enforcement? The Influence Of The Purposes And Targets Of Policing, Tom R. Tyler, Stephen J. Schulhofer, Aziz Huq

Public Law and Legal Theory Working Papers

This study addresses the extension of the “procedural justice” model for understanding public cooperation with law enforcement to new policing contexts and new minority populations. The study draws on four recent surveys of public reactions to policing ag

Oral History Interview With Michael Furmston: Conceptualising Smu, Michael P. Furmston

Oral History Collection

The interview covered: first involvement with Singapore and SMU, challenges and opportunities for the law school, faculty recruitment, law research, job opportunities, relationship with legal communities, internships, law building, future developments, dispute resolution.

Biography:

Founding Dean, School of Law, SMU, 2007–present

Professor Michael Furmston became the founding dean of the School of Law in August 2007. The second law school in Singapore, SMU’s undergraduate law programme has been noted for the significant proportion of business and finance courses. Its first students graduated in July 2011. In 2009, a postgraduate law programme was introduced, the juris doctor. During Professor Furmston’s tenure …

Vol. 40, No. 03 (January 31, 2011)

Indiana Law Annotated

No abstract provided.

Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes, Victoria Smith Apold, Jocelyn Downie

Articles, Book Chapters, & Popular Press

One of the phenomena associated with research is “incidental findings,” that is, unexpected findings made during the research, and outside the scope of the research, which have potential health importance. One underappreciated risk of incidental findings is the potential loss of the research subject's insurability; or if a research subject fails to disclose incidental findings when applying for insurance, the insurance contract may be voidable by the insurer. In this article, we seek to explain the insurability risks associated with incidental findings and to make recommendations for how researchers and research ethics committees should address the issue of disclosure of …

January 30, 2011: Amy Chua And The Mommy Wars, Bruce Ledewitz

Hallowed Secularism

Blog post, “Amy Chua and the Mommy Wars“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Echoes From The Past: What We Can Learn About Unity, Belonging And Respecting Differences From The Flag Salute Cases, Brett G. Scharffs

Brigham Young University Journal of Public Law

No abstract provided.

Staub V. Proctor Hospital: Cleaning Up The Cat’S Paw, Hannah Banks

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Qualtrics Demonstration, Debbie Ginsberg

Presentations

Learn about the Qualtrics online survey system.

January 27, 2011: It Is Not Pro-Life To Kill A Woman, Bruce Ledewitz

Hallowed Secularism

Blog post, “ It is not Pro-Life to Kill a Woman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.