Agency Commons^™

Senate Office Of Research, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

Board Of Optometry, Tatiana Rodriguez

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Jenny K. Li

California Regulatory Law Reporter

No abstract provided.

V.17-1, 2000 Masthead

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

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

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

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

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

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 …

Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser

Federal Communications Law Journal

Congress drafted the Freedom of Information Act to ensure that the public would always be able to keep track of the events happening behind governmental agency doors. In an age of privatization of governmental services in the name of efficiency, the Act needs to be adapted to ensure that its original purpose remains sound. Thus far, courts have not kept pace with this purpose by interpreting agency and agency record under the Act too narrowly. This may very well result in government secrecy as services are farmed out to entities not covered under the Act. This Article analyzes the various …

Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls, Harold J. Krent, Nicholas S. Zeppos

Vanderbilt Law Review

Each year, the government sells and leases public assets worth billions of dollars. FCC auctions to allocate rights to electromagnetic spectrum generated over twenty billion dollars within a three-year period, and proceeds from mineral leases, timber sales, and disposition of real estate from defaulting thrifts have surpassed several billion dollars annually.

From the taxpayer's perspective, however, government sales and leases have been deplorable. The government has donated valuable resources to preferred claimants, allocated scarce broadcast and oil rights resources by lottery, and sold both public land and mineral rights to private parties at a fraction of the market price. Although …

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Vanderbilt Law School Faculty Publications

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where …

Contractors State License Board, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Gina Clark-Bellak

California Regulatory Law Reporter

No abstract provided.

Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Behavioral Sciences, Matthew F. Archbold

California Regulatory Law Reporter

No abstract provided.

Board Of Optometry, Jane K. Babin

California Regulatory Law Reporter

No abstract provided.

Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Little Hoover Commission, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

Office Of Administrative Law, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.

Cal-Osha, Sarah F. Hardy

California Regulatory Law Reporter

No abstract provided.

Athletic Commission, Shannon L. Kelly, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Allen R. Greenway

California Regulatory Law Reporter

No abstract provided.

Legislative Analyst's Office, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.