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Board Of Registration For Geologists And Geophysicists, Caroline J. Clark Jan 2000

Board Of Registration For Geologists And Geophysicists, Caroline J. Clark

California Regulatory Law Reporter

No abstract provided.


Board For Professional Engineers And Land Surveyors, Caroline J. Clark, J. D. Fellmeth Jan 2000

Board For Professional Engineers And Land Surveyors, Caroline J. Clark, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Cal-Osha, Rebecca A. Roichards, Tatiana Rodriguez, J. D. Fellmeth Jan 2000

Cal-Osha, Rebecca A. Roichards, Tatiana Rodriguez, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Little Hoover Commission, Elisa D'Angelo Weichel Jan 2000

Little Hoover Commission, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


The Attorney-Client Privilege: An Analysis Of Involuntary Waiver, Shawn T. Gaither Jan 2000

The Attorney-Client Privilege: An Analysis Of Involuntary Waiver, Shawn T. Gaither

Cleveland State Law Review

This paper will first define the attorney-client privilege, and explore the forms of waiving the attorney-client privilege: voluntary, implied, and inadvertent. Next the discussion will focus on the three schools of federal case law concerning inadvertent waiver, known as the "lenient approach," the "strict approach," and the "middleground approach," with an emphasis on the middle-ground approach as adopted by McCafferty's. The paper then will introduce the possibility of a new "hybrid" approach to inadvertent waiver of the privilege. The discussion will continue with analyzing agency law and its parallels to the attorney-client privilege. Finally this paper will conclude that the …


The Changing Role Of Agents In Professional Basketball, Bappa Mukherji Jan 2000

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.


Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman Jan 2000

Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman

Articles & Chapters

This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …


The Conundrum Of Executive Compensation, Mark J. Loewenstein Jan 2000

The Conundrum Of Executive Compensation, Mark J. Loewenstein

Publications

Much of the scholarship on executive compensation that appears in law reviews assumes that large U.S. corporations overpay their chief executive officers ("CEOs"). This assumption is understandable, as many of these compensation packages are indeed stunning. The question of whether CEOs are overpaid, however, is complicated. Some scholars in other disciplines, principally in economics and management science, have studied the issue but, as this Article demonstrates, this literature does not confirm the assumption. Indeed, some studies suggest that CEO pay is competitive. Moreover, efforts to reduce the level of executive compensation may have the unintended consequence of achieving the opposite …