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Full-Text Articles in Law

Susie Strohm And Dorsey And Whitney, Llp V. Clearone Communications, Inc. : Brief Of Appellant, Utah Supreme Court Jan 2011

Susie Strohm And Dorsey And Whitney, Llp V. Clearone Communications, Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, County of Salt Lake, State of Utah Honorable Robert K. Hilder, Case No. 080917500

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Basic Research, Llc V. Admiral Insurance Company : Brief Of Appellant, Utah Supreme Court Jan 2011

Basic Research, Llc V. Admiral Insurance Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

IN THE UTAH SUPREME COURT BASIC RESEARCH, LLC, DYNAKOR PHARMACAL, LLC, THE CARTER-REED COMPANY, LLC, ZOLLER LABORATORIES, LLC, DENNIS GAY, DANIEL B. MOWREY and MITCHELL K. FRIEDLANDER, Plaintiffs/Appellants, v. ADMIRAL INSURANCE COMPANY, a Delaware corporation, Defendant/Appellee. CaseNo.20110556-SC Third District No. 110901154 OPENING BRIEF OF APPELLANTS BASIC RESEARCH, LLC, DYNAKOR PHARMACAL, LLC, THE CARTER-REED COMPANY, LLC, ZOLLER LABORATORIES, LLC, DENNIS GAY, DANIEL B. MOWREY AND MITCHELL K. FRIEDLANDER On appeal from the final judgment of the Third Judicial District Court for Salt Lake County, Honorable L.A. Dever, District Judge Phillip S. Ferguson CHRISTENSEN & JENSEN, P.C. 15 West South Temple, Suite …

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Susie Strohm And Dorsey & Whitney, Llp, V. Clearone Communication : Reply Brief, Utah Supreme Court Jan 2011

Susie Strohm And Dorsey & Whitney, Llp, V. Clearone Communication : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE ORDERS AND JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, HONORABLE ROBERT K. HILDER, CASE NO. 080917500

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State Of Utah V. Damien A. Candland : Reply Brief Of Appellant, Utah Supreme Court Jan 2011

State Of Utah V. Damien A. Candland : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM FOURTH JUDICIAL COURT, UTAH COUNTY, STATE OF UTAH, FROM CONVICTION OF AGGRAVATED MURDER, A FIRST DEGREE FELONY, BEFORE THE HONORABLE JAMES R. TAYLOR

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Utah Business Insurance Company V. Workers Compensation Fund : Brief Of Appellant, Utah Supreme Court Jan 2011

Utah Business Insurance Company V. Workers Compensation Fund : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court in and for Salt Lake County, Utah

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Prinsburg State Bank V. Roland E. Abundo, Lindsay T. Atwood, Robert Thurston, Donald R. Baker, Jeffrey Gold, Knighton Optical, Inc., And Alpine Vision, Inc., A Utah Corporation : Brief Of Appellant, Utah Supreme Court Jan 2011

Prinsburg State Bank V. Roland E. Abundo, Lindsay T. Atwood, Robert Thurston, Donald R. Baker, Jeffrey Gold, Knighton Optical, Inc., And Alpine Vision, Inc., A Utah Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An appeal from a Decision of the Utah Court of Appeals

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Max Hill V. Willis Nakai : Reply Brief Of Appellant, Utah Supreme Court Jan 2011

Max Hill V. Willis Nakai : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appellate Court Case No. 20111125-SC On Appeal from the Third District Court, Case No. 103900808 Honorable Robert J. Hilder (Retired) Honorable Royal I. Hansen

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Max Hill V. Willis Nakai : Brief Of Appellant, Utah Supreme Court Jan 2011

Max Hill V. Willis Nakai : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appellate Court Case No. 20111125-SC On Appeal from the Third District Court, Case No. 103900808 Honorable Robert J. Hilder (Retired) Honorable Royal I. Hansen

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Max Hill V. Willis Nakai : Brief Of Appellee, Utah Supreme Court Jan 2011

Max Hill V. Willis Nakai : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appellate Court Case No. 20111125-SC On Appeal from the Third District Court, Case No. 103900808 Honorable Robert J. Hilder (Retired) Honorable Royal I. Hansen

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"Till Death (Or Doma) Does Us Part": How Doma Imposes An Unconstitutional Classifying And Coercive Condition On Federal Funding In The Wake Of Massachusetts V. United States Department Of Health And Human Services, Erin Bender Jan 2011

"Till Death (Or Doma) Does Us Part": How Doma Imposes An Unconstitutional Classifying And Coercive Condition On Federal Funding In The Wake Of Massachusetts V. United States Department Of Health And Human Services, Erin Bender

Richmond Journal of Law and the Public Interest

This Note suggests that the Court adopt a new test that would look at a condition attached to federal funding and determine whether it is a classifying condition or a coercive condition. Under this new test, a classifying condition will be deemed constitutional unless it violates equal protection principles; a coercive condition, on the other hand, will usually implicate the unconstitutional conditions doctrine.' On July 8, 2010, in Massachusetts v. United States Department of Health and Human Services, Judge Tauro of the United States District Court for the District of Massachusetts granted Massachusetts' motion for summary judgment by determining that …

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With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko Jan 2011

With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko

Richmond Journal of Law and the Public Interest

This comment will examine Virginia's statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly ses- sion. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the impor- tance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the oth- er two bills not only because …

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A Review Of Recent Derivatives Litigation, John D. Finnerty, Kishlaya Pathak Jan 2011

A Review Of Recent Derivatives Litigation, John D. Finnerty, Kishlaya Pathak

Fordham Journal of Corporate & Financial Law

The global over-the-counter derivatives market exceeded $33 trillion of gross market value as of year-end 2008, according to the Bank for International Settlements.1 Recent headlines suggest that derivatives – specifically, credit default swaps – pose an enormous potential systemic risk and that they are one of the root causes of the current economic crisis.2

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The Collapse Of An Empire? Rating Agency Reform In The Wake Of The 2007 Financial Crisis, Elizabeth Devine Jan 2011

The Collapse Of An Empire? Rating Agency Reform In The Wake Of The 2007 Financial Crisis, Elizabeth Devine

Fordham Journal of Corporate & Financial Law

In 1996, Thomas Friedman’s remarks echoed the sentiments of many. The rating agency business was booming, and it seemed like the agencies themselves could do no wrong.

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The Flawed State Of Broker-Dealer Regulation And The Case For An Authentic Federal Fiduciary Standard For Broker-Dealers, Gary A. Varnavides Jan 2011

The Flawed State Of Broker-Dealer Regulation And The Case For An Authentic Federal Fiduciary Standard For Broker-Dealers, Gary A. Varnavides

Fordham Journal of Corporate & Financial Law

THE FLAWED STATE OF BROKER-DEALER REGULATION AND THE CASE FOR AN AUTHENTIC FEDERAL FIDUCIARY STANDARD FOR BROKER-DEALERS

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323 Non-Managing Underwriters’ Role In Securities Offerings: Just Eye Candy?, Elena Marty-Nelson Jan 2011

323 Non-Managing Underwriters’ Role In Securities Offerings: Just Eye Candy?, Elena Marty-Nelson

Fordham Journal of Corporate & Financial Law

While there is considerable scholarship on the due diligence defense of lead underwriters in defective corporate securities offerings, there is surprisingly little analysis of the due diligence defense of non-managing underwriters. This article challenges the common perception that lead and non-managing underwriters necessarily “sink or swim” together for purposes of due diligence. An analysis of the statutory structure of Section 11 of the Securities Act of 1933 reveals that non-managing underwriters are not inextricably tethered to the lead. Rather, non-managing underwriters who actively question the lead’s due diligence investigation should be able to meet their own affirmative defense even when …

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Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini Jan 2011

Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini

Fordham Journal of Corporate & Financial Law

In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws.1 The true purpose of the arrest was to seize Westfield’s art collection for private resale, “a typical practice of the Nazi government.”2 On December 12 and 13 of the following year, a portion of Westfield’s art collection was seized and auctioned off through an order of the District Attorney’s Office Dusseldorf.3 In 1943, three years after Westfield was fined for the alleged violation and later sent to the Auschwitz death camp and …

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Non-Recourse, No Down Payment And The Mortgage Meltdown: Lessons From Undercapitalization, Dov Solomon, Odelia Minnes Jan 2011

Non-Recourse, No Down Payment And The Mortgage Meltdown: Lessons From Undercapitalization, Dov Solomon, Odelia Minnes

Fordham Journal of Corporate & Financial Law

The recent global financial crisis, sparked by developments in the American mortgage market, provides a timely opportunity for a thorough analysis of the standard model for financing home purchases. The United States residential mortgage market has two prominent aspects: first, a significant part of mortgages are de facto non-recourse loans that allow the borrower to limit his liability solely to the collateral securing the loan; second, residential mortgages confer the aforementioned advantage on borrowers while requiring merely a minimal down payment, or no down payment at all. This article examines the implications of each of these aspects, as well as …

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Deconstructing Corporate Governance: Director Primacy Without Principle?, René Reich-Graefe Jan 2011

Deconstructing Corporate Governance: Director Primacy Without Principle?, René Reich-Graefe

Fordham Journal of Corporate & Financial Law

For almost eighty years now, corporate law scholarship has centered around two elementary analytical findings made in what has once been described as the “last major work of original scholarship”within the field.

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Morrison V. National Australia Bank: Life After Dodd-Frank, Meny Elgadeh Jan 2011

Morrison V. National Australia Bank: Life After Dodd-Frank, Meny Elgadeh

Fordham Journal of Corporate & Financial Law

This Note examines the background of foreign-cubed litigation,1 including its development over the past four decades, its abrogation by the Supreme Court, and its potential future under recently enacted legislation. The Note examines the tests developed by the Court of Appeals in order to determine whether a United States court could adjudicate foreign-cubed litigation. Additionally, it reviews the Supreme Court opinion in Morrison v. National Australia Bank and its ultimate rejection of the predominant Second Circuit test for applicability. Finally, the Note discusses “The Dodd–Frank Wall Street Reform and Consumer Protection Act,” a provision of which was specifically included to …

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Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, Jafar Mana Jan 2011

Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, Jafar Mana

Fordham Journal of Corporate & Financial Law

This article offers a new perspective on battling credit card fraud. It departs from a focus on post factum liability, which characterizes most legal scholarship and federal legislation on credit card fraud and applies corrective mechanisms only after the damage is done. Instead, this article focuses on preempting credit card fraud by tackling the root causes of the problem: the built-in incentives that keep the credit card industry from fighting fraud on a system-wide basis. This article examines how credit card companies and banks have created a self-interested infrastructure that insulates them from the liabilities and costs of credit card …

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Another Role For Securities Regulation: Expanding Investor Opportunity, Jasmin Sethi Jan 2011

Another Role For Securities Regulation: Expanding Investor Opportunity, Jasmin Sethi

Fordham Journal of Corporate & Financial Law

Securities regulation can be justified on a number of grounds, but furthering the expansion of opportunities for wealth accumulation across sectors of the population has generally not been utilized as an argument for regulation. This article demonstrates how an opportunities-based perspective, informed by the findings from interdisciplinary research, could alter securities policy in four areas: (1) enhancing access to information and financial institutions; (2) requiring disclosures; (3) impacting the behavioral biases of investors; and (4) aligning the incentives of investment professionals to better facilitate the wealth accumulation of their clients. The implications of applying an opportunities-based approach to financial regulation …

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The Legal Environment For Foreign Private Equity Firms In China, Lawrence Zhan Zhang Jan 2011

The Legal Environment For Foreign Private Equity Firms In China, Lawrence Zhan Zhang

Fordham Journal of Corporate & Financial Law

From a little-known, foreign concept to a critical component of the country’s increasingly multi-layered capital markets, private equity in China has undergone tremendous development in the past decade. This Note first reviews the representative deals of major U.S. private equity firms (Bain Capital, Blackstone, Carlyle, KKR, TPG, Warburg Pincus, and the private equity arms of Goldman Sachs and Morgan Stanley) in China, and profiles leading Chinese private equity firms and their relationship with the U.S. firms. Then, the Note analyzes the evolving web of laws that regulates China’s private equity industry, with special attention to the rise of RMB funds, …

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Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda Jan 2011

Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda

Hofstra Labor & Employment Law Journal

The recent spate of high profile efforts by state governors to roll back public employee pension rights in light of recent budgetary challenges has shone the light directly on the importance to public employees of the Contracts Clause provisions of the federal and state constitutions. Using as an example the controversial budget repair bill in Wisconsin and the application of the bill’s pension provisions to Milwaukee City employee pension rights, this article has sought to show how, under certain specified circumstances, such legislative attempts may be constitutionally impermissible if such laws substantially impair employee contracts with the state without the …

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Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert Jan 2011

Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert

Hofstra Labor & Employment Law Journal

This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …

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Negotiating The People's Capital Revised, Samuel Estreicher Jan 2011

Negotiating The People's Capital Revised, Samuel Estreicher

Hofstra Labor & Employment Law Journal

Editor's Note: What follows is the second part of an unofficial transcript of an off-the-record conversation among three of the labor movement's leading strategists. (The first installment appeared under the title “Strategy for Labor,” 22 J. Labor Research 569 (Summer 2001), and has been updated as “Strategy for Labor Revisited,” available www.ssrn.com). This second meeting was also convened by C, or "cooperationist," who had been for over ten years the president of a local union, part of a major industrial union, representing 3,000 employees who had been hired to staff a new manufacturing plant in a Southern town ("Newplant"). Newplant …

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O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer Jan 2011

O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer

Hofstra Labor & Employment Law Journal

This article argues that Neo-liberal policies of both action and inaction support the most virulent form of globalized Finance Capitalism. It outlines how such promotion is structured to reinforce fifteen patterns of economic consequences that reduce the standard of living of the great majority of American families, especially those headed by and including workers. These consequential patterns do not usually result from a single government action, but rather from reinforcements of specific decisions with one another. As a result political and economic elites from the United States become indifferent or worse to working family welfare, constituting an abandonment of Americans …

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Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison Jan 2011

Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison

Hofstra Labor & Employment Law Journal

Capturing both popular and academic imaginations, recent literature contributions contest the standard treatment of minimum wage statutes as vehicles that enlarge the economic and social dislocation of vulnerable workers. A persistent strain of the current scholarship dedicated to progressive labor ideology implies that minimum wages or, alternatively, living wage statutes are necessary to preclude the degradation of low-wage workers. The publication of Simon Deakin and Frank Wilkinson’s recent article, Minimum Wage Legislation, constitutes yet another effort to destabilize the neoclassical consensus that emphasizes the adverse employment effects of wage regulation. Prescinding from orthodox economic analysis, Deakin and Wilkinson insist that …

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The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl Jan 2011

The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl

Hofstra Labor & Employment Law Journal

No abstract provided.

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Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre Jan 2011

Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre

Hofstra Labor & Employment Law Journal

No abstract provided.

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Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky Jan 2011

Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky

Hofstra Labor & Employment Law Journal

No abstract provided.

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