The Wisdom Of Solomon: We Cannot Split The Pre-Embryos,
2011
Baylor University School of Law
The Wisdom Of Solomon: We Cannot Split The Pre-Embryos, Bridget M. Fuselier
Cardozo Journal of Equal Rights & Social Justice
The article addresses legal challenges surrounding the status and disposition of preembryos in Assisted Reproductive Technology (ART) by proposing a modified tenancy by the entirety framework. This model seeks to balance the dignity of preembryos with legal practicality, preventing ownership disputes and emotional conflicts. It emphasizes nonseverable rights, restrictions on transfer, and exclusion from probate to ensure clarity and fairness in preembryo disposition. The framework also aims to honor the intent of deceased providers while avoiding fractional ownership and inheritance disputes.
Restoring Transparency To Automated Authority,
2011
Brooklyn Law School
Restoring Transparency To Automated Authority, Frank Pasquale
Faculty Scholarship
No abstract provided.
Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster,
2011
Saint Louis University School of Law
Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson
All Faculty Scholarship
The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stands as an indictment not just of our national energy priorities and environmental law enforcement; it equally represents a failure of Anglo-American corporate law and what passes for corporate social responsibility in business today. Using BP and the disaster as a compelling case study, this Article examines green marketing and corporate governance and identifies elements of each that encourage firms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. The Article then proposes reforms and protections designed to increase corporate social …
Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension,
2011
University of Colorado Law School
Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding
Publications
Of all OTC derivatives, credit derivatives pose particular concerns because of their ability to generate leverage that can increase liquidity - or the effective money supply - throughout the financial system. Credit derivatives and the leverage they create thus do much more than increase the fragility of financial institutions and increase counterparty risk. By increasing leverage and liquidity, credit derivatives can fuel rises in asset prices and even asset price bubbles. Rising asset prices can then mask mistakes in the pricing of credit derivatives and in assessments of overall leverage in the financial system. Furthermore, the use of credit derivatives …
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises,
2011
University of Missouri - Kansas City, School of Law
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Faculty Works
No abstract provided.
Greene V. Fisher: Will The Aedpa Trump Uniformity And Equity In Constitutional Decision Making,
2011
University of Missouri - Kansas City, School of Law
Greene V. Fisher: Will The Aedpa Trump Uniformity And Equity In Constitutional Decision Making, Sean O'Brien
Faculty Works
No abstract provided.
Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law,
2011
New York Law School
Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant
NYLS Law Review
No abstract provided.
Director Liability For Corporate Crimes: Lawyers As Safe Haven?,
2011
Pace University School of Law
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
NYLS Law Review
No abstract provided.
Duty Of Obedience: The Forgotten Duty,
2011
Wake Forest University School of Law
Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter
NYLS Law Review
No abstract provided.
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge,
2011
Boston College Law School
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
NYLS Law Review
No abstract provided.
What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance,
2011
University of Cambridge
What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin
NYLS Law Review
No abstract provided.
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule,
2011
Georgetown University Law Center
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
NYLS Law Review
No abstract provided.
Good Faith In Revlon-Land,
2011
Washington and Lee University School of Law
Good Faith In Revlon-Land, Christopher M. Bruner
NYLS Law Review
No abstract provided.
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms,
2011
Michigan State University College of Law
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
NYLS Law Review
No abstract provided.
Deconstructing Lyondell: Reconstructing Revlon,
2011
New York Law School
Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman
NYLS Law Review
No abstract provided.
Good Faith After Disney: Justice Berger’S Closing Discussion,
2011
New York Law School
Good Faith After Disney: Justice Berger’S Closing Discussion, Carolyn Berger
NYLS Law Review
No abstract provided.
Extending The Fraud-On-The-Market Presumption Beyond Basic: A Case Of Poor Analogies And Over-Eager Courts,
2011
New York Law School Class of 2010
Extending The Fraud-On-The-Market Presumption Beyond Basic: A Case Of Poor Analogies And Over-Eager Courts, Dana Lai
NYLS Law Review
No abstract provided.
Pay For Regulator Performance,
2011
University of Chicago - Law School
Pay For Regulator Performance, M. Todd Henderson, Frederick Tung
Faculty Scholarship
Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, academics and lawmakers have called for the reform of banker pay practices. In this Article, we argue that regulator pay is to blame as well, and that fixing it may be easier and more effective than reforming banker pay. Regulatory failures during the Financial Crisis resulted at least in part from a lack of sufficient incentives for examiners to act aggressively to prevent excessive risk. Bank regulators are rarely paid for performance, and in atypical cases involving performance bonus …
Clearing And Trade Execution Requirements For Otc Derivatives Swaps Under The Frank-Dodd Wall Street Reform And Consumer Protection Act,
2011
University of Akron School of Law
Clearing And Trade Execution Requirements For Otc Derivatives Swaps Under The Frank-Dodd Wall Street Reform And Consumer Protection Act, Willa E. Gibson
Akron Law Faculty Publications
This paper examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act entitled the “Wall Street Transparency and Accountability Act of 2010” (the “Act”). The Act provides a comprehensive regulatory framework for swap transactions that designates the Commodities Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) as the primary regulators of the OTC derivatives swap market. The Act provides a very broad definition of swaps to include most OTC derivatives transactions, and it grants the CFTC regulatory jurisdiction over them with the exception of security-based swaps to which the SEC is granted regulatory jurisdiction. …
Dodd-Frank, Liability Structure, And Financial Instability Cycles: Neither A (Ponzi) Borrower Nor A Lender Be,
2011
College of Law, Florida International University
Dodd-Frank, Liability Structure, And Financial Instability Cycles: Neither A (Ponzi) Borrower Nor A Lender Be, Jose M. Gabilondo
Faculty Publications
No abstract provided.
