Law Commons^™

Tiered Entities And Sovereign Privileges Under The Foreign Sovereign Immunities Act, Kelly Shaul

San Diego Law Review

The Foreign Sovereign Immunities Act (FSIA) grants state status, and therefore sovereign immunity, to any “agency or instrumentality of a foreign state.” Under some circumstances, where foreign corporations can demonstrate control by a foreign state through state-controlled intermediary companies, these corporations can gain sovereign immunity or procedural benefits of the FSIA. This phenomenon is known as “tiered” ownership. State-owned enterprises are common, and tiered ownership of commercial enterprises by foreign states is widespread among companies doing business in the U.S. This article argues that the concept of “tiered ownership” is not supported by the language of the FSIA and that …

Criticism Of Crack Cocaine Sentences Is Not What It Is Cracked Up To Be: A Case Of First Impression Within The Ongoing Crack Vs. Cocaine Debate , Cristian M. Stevens

Missouri Law Review

No abstract provided.

Express Federal Preemption Provisions, State Law Actions For Damages, Congress, And The Supreme Court: A Penitent Seeks Redemption, David E. Seidelson

Louisiana Law Review

No abstract provided.

The Contribution Bar In Cercla Settlements And Its Effect On The Liability Of Nonsettlors, J. Whitney Pesnell

Louisiana Law Review

No abstract provided.

Whren V. United States: The Constitutionality Of Pretextual Stops, Geoffrey S. Kay

Louisiana Law Review

No abstract provided.

The Supreme Court, 1996 Term: Leading Cases, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley

Northern Illinois University Law Review

This article reviews the development of poor relief laws from 1790 to 1820. The scope of the article will survey the laws affecting the poor people developed by the states as they joined the union and by the federal government. The author also sketches out common themes that developed through the legislation during this time period Moreover, the articles tracks the influence of English poor laws and early legislative experiences in this area of the law.

Toward Fairness In Compensation Of Management And Labor: Compensation Ratios, A Proposal For Disclosure, James A. Cotton

Northern Illinois University Law Review

This article will discuss the general history of executive compensation and the concept of "excessive compensation" as it has developed in corporate America. The article advocates a change in current SEC disclosure requirements which are set out in Appendix A of this article. The development of ratios as a tool of financial analysis is discussed to establish the legitimacy of their use. The author then offers an example of a stockholder proposal to make use of compensation ratios.

Vol. 18, No. 1, Fall 1997: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman

Vanderbilt Law Review

What distinguished premodern from modern American jurisprudence? Whereas most commentators agree that the transition from premodernism to modernism occurred around the Civil War,' recent writings reveal dissension regarding the nature of antebellum and postbellum jurisprudence. In a wonderfully detailed study of Christopher Columbus Langdell, his jurisprudence, and his case method of teaching, William P. LaPiana argues that a defining feature of Langdell's postbellum legal science was a positivism that contrasted with a natural law orientation characteristic of the earlier antebellum jurisprudence. In a provocative critical essay, Robert W. Gordon argues to the contrary: LaPiana's emphasis on natural law during the …

The Role Of The "Harm/Benefit" And "Average Reciprocity Of Advantage" Rules In A Comprehensive Takings Analysis, Lynda J. Oswald

Vanderbilt Law Review

A "regulatory taking" occurs when the government does not formally exercise its power of eminent domain, but enacts a law or undertakes an action that results in a de facto "taking" of property for which compensation is constitutionally mandated., The United States Supreme Court has struggled for decades to determine when a land use regulation is a valid exercise of the police power (and thus not subject to the compensation requirement of the Fifth Amendment to the United States Constitution) and when such a regulation goes "too far" and becomes a regulatory taking.

The Supreme Court has developed a number …

A Straitjacket For Employment At-Will: Recognizing Breach Of Implied Contract Actions For Wrongful Demotion, Gregory M. Munson

Vanderbilt Law Review

For over a century, employment at-will has been the law in almost all American jurisdictions.' As a result, employers can fire their employees, and employees can quit, with or without reason. In addition, employers have the authority under the at-will rule to regulate all terms and conditions of employment. During the past two decades a series of judicial exceptions to the at-will rule that prohibit termination of an employee for a variety of reasons have eroded the at-will doctrine. These exceptions fall into two categories. First, an employer may not terminate an employee for reasons that violate public policy Second, …

No More Excuses: Refusing To Condone Mere Carelessness Or Negligence Under The "Excusable Neglect" Standard In Federal Rule Of Civil Procedure 60(B)(1), Bree W. Weathersbee

Vanderbilt Law Review

Rule 60(b)' is an attempt to codify the equitable, common law practice of reforming judgments under special circumstances. The rule, inter alia, authorizes a court to relieve a party from a default judgment for "excusable neglect." This standard, however, is not defined in the rules, and courts have struggled with its meaning. Some circuits define the term liberally and often grant requests to vacate default judgments. Others adopt a strict interpretation and consistently refuse to vacate default judgments resulting from mere carelessness or negligence. Recently, in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, the Supreme Court clarified the …

中港兩地痛楚及失去人生樂趣賠償法律比較, Kwok Keung Chow

Hong Kong Institute of Business Studies Working Paper Series

本文主要透過對中、港兩地法院關於人身傷害，侵權案的審判根據和準則，進行搜集和比較分析，當中特別針對有關案件中有否將受害者的痛楚和失去人生樂趣這賠償項目一併考慮，若有的話，計算的準則叉是怎樣等等問題作出比較，初步的結論是，本港人身傷害侵權案的受害者，一般可以獲得隨社會進步和時間而調整、並佔總、賠償金額較大比率的痛楚和失去人生樂趣的補償。不過，在國內侵權法的範疇內，卻沒有相關的賠償項目，對受害者並不公平。因此，本文建議國內應檢討全面補償的觀念能否適用。

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.

Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann

Michigan Law Review

The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages. Both of those institutions are designed solely …

The Origin, Development, And Regulation Of Norms, Richard H. Mcadams

Michigan Law Review

For decades, sociologists have employed the concept of social norms to explain how society shapes individual behavior. In recent years, economists and rational choice theorists in philosophy and political science have started to use individual behavior to explain the origin and function of norms. For many in this group, the focus of study is the interaction of law and norms, of formal and informal rules. Exemplified by Robert Ellickson's Order Without Law, this literature uses norms to develop more robust explanations of behavior and to predict more accurately the effect of legal rules. Norms turn out to matter in legal …

Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders

Michigan Law Review

Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject …

California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Proposition 209, Girardeau A. Spann

Duke Law Journal

No abstract provided.

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Fee Shifting In Bankruptcy: Deterring Frivolous, Fraud-Based Objections To Discharge, Nathalie D. Martin

North Carolina Law Review

No abstract provided.

Pragmatism, Economics, And The Droit Moral, Thomas F. Cotter

North Carolina Law Review

No abstract provided.

What's In A Name - Income, Consumption, And The Sources Of Tax Complexity, David F. Bradford

North Carolina Law Review

No abstract provided.

The Sources Of Tax Complexity: How Much Simplicity Can Fundamental Tax Reform Achieve, Deborah L. Paul

North Carolina Law Review

No abstract provided.

Wrightson V. Pizza Hut Of America, Inc.: The Fourth Circuit's Simple Logic Of Same-Sex Sexual Harassment Under Title Vii, Joanna P. L. Mangum

North Carolina Law Review

No abstract provided.

Alarmist Decisions With Divergent Risk Information, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Receipt of multiple sources of risk information ideally should foster sounder decisions under uncertainty. This paper’s original survey results for environmental risks suggest that the learning process is reasonable in many respects, but it does not accord with a rational Bayesian learning model. Divergent risk assessments from different sources produce extreme violations of rationality, as there is inordinate weight on the high risk assessment. This alarmist reaction holds for both government and industry information sources. This phenomenon may account for the commonly observed phenomenon of public overreaction to highly publicized risks.

Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.