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2011

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Institution
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Articles 31 - 39 of 39

Full-Text Articles in Agency

Prison Rape Elimination Act (Prea): Considerations For Policy Review, Brenda V. Smith, A.T. Wall, Susan Mccampbell, Madie Lamarre, Gary Dennis, Ania Drobrzanska, Bob Dumond, Jeff Shorba, Mara Dodson, Andie Moss, Donna Deutsch, Rachel Bosley, Morris Thigpen, Dee Halley Apr 2011

Prison Rape Elimination Act (Prea): Considerations For Policy Review, Brenda V. Smith, A.T. Wall, Susan Mccampbell, Madie Lamarre, Gary Dennis, Ania Drobrzanska, Bob Dumond, Jeff Shorba, Mara Dodson, Andie Moss, Donna Deutsch, Rachel Bosley, Morris Thigpen, Dee Halley

Presentations

A policy review guide designed to assist in drafting PREA (Prison Rape Elimination Act) policies for review by the National Institute of Corrections (NIC) is provided. Sections of this document are: purpose; questions to consider -- policy organization, definitions, zero tolerance, staff/offender duty to report, prevention, and investigations (e.g., general, selection and training of investigators, protocols, and aftermath); and list of resources.


Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies Jan 2011

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy Jan 2011

Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

Given the extremely limited source of resources available to the IRS in recent years, it's not surprising that it is exploring all sorts of avenues to increase its efficiency, particularly relying on corporate taxpayers to self report questionable tax positions. Under the banner of "corporate governance" and "transparency," the Service issued a series of proposals in 2010 requiring disclosure of uncertain tax positions ("UTPs") by corporate taxpayers. The Service essentially piggybacked on the recently imposed 2006 audit requirements that reserves be posted for contingent tax liabilities (i.e., tax positions that could later not be sustained, and therefore had to be …


Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull Jan 2011

Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull

Research Collection Yong Pung How School Of Law

No abstract provided.


Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline Kim Jan 2011

Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline Kim

Scholarship@WashULaw

This Essay critically examines the commonplace use by judicial politics scholars of principal-agent models to describe the federal judicial hierarchy. It argues that agency models are useful in highlighting certain aspects of the interaction between upper and lower courts - specifically, the existence of value conflicts and informational asymmetries - but that in other ways traditional principal-agent models fit poorly the relationship between the lower federal courts and the Supreme Court. As a consequence, these models tend to obscure important normative questions about the relationship between lower and upper courts, as well as to distort the role that law plays …


Veil Piercing To Non-Owners: A Practical And Theoretical Inquiry, Mark J. Loewenstein Jan 2011

Veil Piercing To Non-Owners: A Practical And Theoretical Inquiry, Mark J. Loewenstein

Publications

In the typical veil piercing case, the plaintiff seeks to hold the owners of an entity liable for the entity’s obligations. Recently, however, plaintiffs have sought to hold managers of an entity liable for the entity’s obligations even if the manager is not an owner. This article considers this phenomenon in light of the underlying theory of veil piercing and in the context of both corporate law and the law of limited liability companies. In brief, the theory of veil piercing in its traditional application – to shareholders of a corporation – is weak, and it is weaker still when …


Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew Jan 2011

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

Publications

The success of health reform under the Patient Protection and Affordable Care Act of 2010 will depend upon the sustainability of a brand new and infrastructure of entities, relationships, and procedures. So far, neither jurists, legislators, policy-makers, providers, payers, nor patients have identified an organizing paradigm to implement or regulate this vast new infrastructure. Legal scholars have been curiously absent from this policy discussion, offering little if any insight into the role law plays beyond the familiar political debates about health reform. This article draws a legal chair to the table and takes a refined look at the legal basis …


The Milieu Of The Boardroom And The Precinct Of Employment, Deborah A. Demott Jan 2011

The Milieu Of The Boardroom And The Precinct Of Employment, Deborah A. Demott

Faculty Scholarship

This Commentary explores differences between employer-employee relationships and service on a board of directors. Against this backdrop, this Commentary argues that the research findings surveyed by Brooke and Tyler (Jennifer K. Brooke & Tom R. Tyler, Diversity and Corporate Performance: A Review of the Psychological Literature, 89 N.C. L. REV. 715 (2011)), although specific to the employment context, may be salient in assessing the impact of diversity among members of a board of directors.


Brief Of Amica Curiae, Deborah A. Demott In Support Of The Petitioner, Maples V. Thomas, Deborah A. Demott Jan 2011

Brief Of Amica Curiae, Deborah A. Demott In Support Of The Petitioner, Maples V. Thomas, Deborah A. Demott

Faculty Scholarship

No abstract provided.