Legal Studies Commons^™

Contemporary Challenges In Takeovers: Avoiding Conflicts, Preserving Confidences And Taming The Commercial Imperative, Andrew F. Tuch

Scholarship@WashULaw

This article discusses contemporary legal, commercial, ethical and other issues that arise in the context of corporate takeover transactions. Due to their complexity and the numerous parties - including deal advisers - they involve, the loyalties of company directors and advisers are frequently tangled, creating legion opportunities for conflicted interests and breached confidences. At the same time, the high status of advising on takeovers and the financial lure they provide produce powerful incentives that inevitably inform the application of legal principles to these issues. The article adopts a hypothetical case study approach to focus on the challenges confronting these parties …

Obligations Of Financial Advisers In Change-Of-Control Transactions: Fiduciary And Other Questions, Andrew F. Tuch

Scholarship@WashULaw

Outside the United States, financial regulators have recently focused their attention on whether a financial adviser to a party in a change-of-control transaction (such as a takeover) is obliged to avoid being in positions of conflict with the interests of that party. Because financial advisers in these transactions are typically investment banks, the integrated structure of which may make conflicts of interest inevitable, such an obligation is likely to pose difficult challenges for the investment banking industry. The question is complicated by two apparently inconsistent standards being applied: the fiduciary obligation to avoid conflicts and the statutory obligation in many …

Investment Banking: Immediate Challenges And Future Directions, Andrew F. Tuch

Scholarship@WashULaw

This article discusses the organizational nature of the integrated (or full-service) investment bank, the incidence of conflicts of interest in the financial services industry and the role and effectiveness of information barriers such as Chinese walls as an arrangement for managing conflicts. The paper also describes the growing importance to investment banks of proprietary trading and principal investing, the conflicts of interest that they can produce, and the recent responses of financial regulators to these developments.

The paper was presented at a discussion forum involving senior investment bankers, lawyers and scholars in August 2006, organized against the backdrop of litigation …

Collective And Individual Approaches To Protecting Employee Privacy: The Experience With Workplace Drug Testing, Pauline Kim

Scholarship@WashULaw

This contribution to a symposium on workplace privacy asks what difference it makes to think about workers' rights under a collective as opposed to an individual rights model in a particular context: that of protecting employee privacy. More specifically, it undertakes an examination of the range of disputes between employers and employees over workplace drug testing in the late 1980's and the 1990's, focusing on the differences between cases brought with union involvement and those brought by individual workers acting alone. In doing so, it asks how collective forms of disputing about drug testing differed from individual approaches, and whether …

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill

Vanderbilt Law School Faculty Publications

This paper is the first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from 971 randomly selected cases sentenced under the United States Sentencing Guidelines, the study's findings include (1) in nearly two-thirds of the cases settled by plea agreement, the defendants waived their rights to review; (2) the frequency of waiver varies substantially among the circuits, and among districts within circuits; (3) the government appears to provide some sentencing concessions more frequently to defendants who sign waivers than …

Juvenile Fear Of Crime And Attitudes Towards The Police: The Effect Of Implementing A School Resource Officer Program In Alaska High Schools, Sean A. Case

All-Inclusive List of Electronic Theses and Dissertations

This paper presents data concerning the effect uniformed police officers have on attitudes towards the police and fear of crime within the high school setting. Two identical surveys were administered to 522 high school students at two periods during a school year. The primary purpose was to determine whether placing uniformed police officers, called School Resource Officers, in high schools would improve attitudes towards the police and reduce the fear of crime. Although opinions towards the police were positively affected and the fear of crime was reduced, neither was affected significantly. The primary implication drawn from this research is that …

Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio

UNLV Theses, Dissertations, Professional Papers, and Capstones

No abstract provided.

Evaluating Sex Offenders Under Sexually Violent Predator Laws: How Might Mental Health Professionals Conceptualize The Notion Of Volitional Impairment?, Cynthia Calkins Mercado, Robert F. Schopp, Brian H. Bornstein

Department of Psychology: Faculty Publications

This paper examines the significance of the Supreme Court’s Hendricks and Crane decisions, with focus given to how mental health professionals may conceptualize the notion of volitional impairment. The Hendricks decision authorized postsentence civil commitment for sex offenders having a mental abnormality or personality disorder, rendering them likely to engage in future acts of sexual violence. In the Supreme Court’s majority opinion, Justice Thomas implied that the Kansas Act was legitimized by limiting the class of offenders eligible for this specialized form of commitment to those who are “unable to control” their dangerousness. In Crane, the Court ruled that …

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.

Yarborough V. Alvarado: At The Crossroads Of The Unreasonable Application Provision Of The Antiterrorism And Effective Death Penalty Act Of 1996 And The Consideration Of Juvenile Status In Custodial Determinations, Jennifer Park

Journal of Criminal Law and Criminology

No abstract provided.

Erratum

Journal of Criminal Law and Criminology

No abstract provided.

The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

Journal of Criminal Law and Criminology

No abstract provided.

The Political Economy Of Entrapment, Richard H. Mcadams

Journal of Criminal Law and Criminology

No abstract provided.

Avoiding The Shameful Backlash: Social Repercussions For The Increased Use Of Alternative Sanctions, Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery

Journal of Criminal Law and Criminology

No abstract provided.

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Erratum

Journal of Criminal Law and Criminology

No abstract provided.

Counted Out Twice - Power, Representation & (And) The Usual Residence Rule In The Enumeration Of Prisoners: A State-Based Approach To Correcting Flawed Census Data, David Hamsher

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer

Journal of Criminal Law and Criminology

No abstract provided.

From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall

Journal of Criminal Law and Criminology

No abstract provided.

Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West

Journal of Criminal Law and Criminology

No abstract provided.

The Myth Of Innocence, Joshua Marquis

Journal of Criminal Law and Criminology

No abstract provided.

The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Blakely And Booker: Pondering Modern Sentencing Process, Douglas A. Berman

Journal of Criminal Law and Criminology

No abstract provided.