Front Matter,
2014
University of Michigan Law School
Major League Baseball And The Green Revolution: A Market-Based Approach To Maintaining Competitive Balance In The Face Of Environmental Regulations,
2014
William & Mary Law School
Major League Baseball And The Green Revolution: A Market-Based Approach To Maintaining Competitive Balance In The Face Of Environmental Regulations, John Loughney
William & Mary Environmental Law and Policy Review
No abstract provided.
Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers,
2014
William & Mary Law School
Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers, Michael F. Kaestner
William & Mary Environmental Law and Policy Review
No abstract provided.
A Disclosure-Focused Approach To Compelled Commercial Speech,
2014
University of Michigan Law School
A Disclosure-Focused Approach To Compelled Commercial Speech, Andrew C. Budzinski
Michigan Law Review
In 2010, the Food and Drug Administration passed a rule revising compelled disclaimers on tobacco products pursuant to the Family Smoking Prevention and Tobacco Control Act. The rule required that tobacco warnings include something new: all tobacco products now had to bear one of nine graphic images to accompany the text. Tobacco companies filed suit contesting the constitutionality of the rule, arguing that the government violated their right to free commercial speech by compelling disclosure of the graphic content. Yet First Amendment jurisprudence lacks a doctrinally consistent standard for reviewing such compelled disclosures. Courts’ analyses typically depend on whether the …
Order On Various Motions (Justin Fouse Et Al.),
2014
Senior Judge, Fulton County Superior Court
Order On Various Motions (Justin Fouse Et Al.), John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Order On Various Motions (Global Aerospace, Inc.),
2014
Superior Court Judge
Order On Various Motions (Global Aerospace, Inc.), Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Order On Second Motion To Show Cause And Renewed Motion To Remove Trustees,
2014
Fulton County Superior Court Judge
Order On Second Motion To Show Cause And Renewed Motion To Remove Trustees, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Of Bitcoins, Independently Wealthy Software, And The Zero-Member Llc,
2014
Northwestern Pritzker School of Law
Of Bitcoins, Independently Wealthy Software, And The Zero-Member Llc, Shawn Bayern
NULR Online
No abstract provided.
The Case For A Market In Debt Governance,
2014
Vanderbilt University Law School
The Case For A Market In Debt Governance, Yesha Yadav
Vanderbilt Law Review
Scholars have long lamented that the growth of modern finance has given way to a decline in debt governance. According to current theory, the expansive use of derivatives that enable lenders to trade away the default risk of their loans has made these lenders uninterested, even reckless, when it comes to exercising creditor discipline. In contrast to current theory, this Article argues that such derivatives can prove a positive and powerful influence in debt governance. Theory has overlooked those who sell credit protection to lenders and assume default risk on the borrower. These protection sellers are left holding the economic …
Aftermarketfailure: Windows Xp's End Of Support,
2014
Yale Law School
Aftermarketfailure: Windows Xp's End Of Support, Andrew Tutt
Michigan Law Review First Impressions
After 12 years, support for Windows XP will end on April 8, 2014. So proclaims a Microsoft website with a helpful clock counting down the days. "What does this mean?" the website asks. "It means you should take action." You should "migrate to a current supported operating system - such as Windows 8.1 - so you can receive regular security updates to protect [your] computer from malicious attacks." The costs of mass migration will be immense. About 30% of all desktop PCs are running Windows XP right now. An estimated 10% of the U.S. government's computers run Windows XP, including …
A Win For The Little Guys?: Appraising Minority Shareholder Rights Under The Delaware Short-Form Merger Statute After Berger V. Pubco Corp.,
2014
Villanova University Charles Widger School of Law
A Win For The Little Guys?: Appraising Minority Shareholder Rights Under The Delaware Short-Form Merger Statute After Berger V. Pubco Corp., Nicholas Carroll
Villanova Law Review (1956 - )
No abstract provided.
Panorama - London Olympics Site Redevelopment,
2014
New York Law School
Panorama - London Olympics Site Redevelopment, James Hagy, Dmitriy Ishimbayev
Rooftops Project
The 2012 London Olympics are over, yet the work is just beginning. Solicitor Linda Fletcher of the London office of the law firm Pinsent Masons talked with Dmitriy Ishimbeyev and Professor James Hagy about the 18-year project to redevelop and repurpose the Olympics venue for the longer term as a major, sustainable, mixed-use community in east London.
Profile - The Noguchi Museum,
2014
New York Law School
Profile - The Noguchi Museum, James Hagy
Rooftops Project
Few not-for-profit cultural or historic sites can be traced through a single thread, from heritage in an unlikely industrial setting in Queens; its conversion to workspace for the creation, staging and deployment of art throughout the world; its rededication by the living artist as a museum space while still a working gallery; and ultimately its preservation as a permanent cultural destination. At the Noguchi Museum, members and visitors can appreciate artist Isamu Noguchi’s full body of work in many media, enjoy the tranquility of galleries and gardens in a profoundly close-by urban setting, and understand the context in which that …
Profile - Not-For-Profit As Urban Neighbor: Groundswell,
2014
New York Law School
Profile - Not-For-Profit As Urban Neighbor: Groundswell, James Hagy, Scott Haggmark
Rooftops Project
Few not-for-profit organizations can claim to have made a dramatic, permanent, outdoor visual impact on more than 450 city blocks through the five boroughs of New York City. Groundswell has done just that. As part of a continuing series looking at not-for-profits as urban neighbors, The Rooftop Project’s Scott Haggmark and Professor James Hagy visit with Amy Sananman and Sharon Polli at Groundswell’s Brooklyn headquarters.
Profile - Not-For-Profit As Urban Neighbor: The Bowery Residents’ Committee,
2014
New York Law School
Profile - Not-For-Profit As Urban Neighbor: The Bowery Residents’ Committee, James Hagy, Tamara Salzman
Rooftops Project
From the very beginning of its new headquarters project, The Bowery Residents’ Committee set out not only to serve its mission but to be the very best neighbor. Seriously, how many of us freeze our garbage before putting it out for collection? Muzzy Rosenblatt, Christine Lalor-Chisholm, and John Johnson of The Bowery Residents’ Committee, and Charles Thanhauser and Sarah Corcoran of its architectural firm, TEK Architects, talk with the Rooftops Project’s Tamara Salzman an Professor James Hagy about their approach to this unique project in the heart of Manhattan.
Anglo-American Directors' Legal Duties And Csr: Prohibited,
Permitted Or Prescribed?,
2014
RMIT University
Anglo-American Directors' Legal Duties And Csr: Prohibited, Permitted Or Prescribed?, Benedict Sheehy, Donald Feaver
Dalhousie Law Journal
The interaction between corporate social responsibility (CSR) obligations and directors' legal duties is underexamined. This article addresses that void by examining directors' duties in case law and legislation across the major commonwealth countries and the U.S.A. It provides an analysis of leading cases and examines how they deal with directors' duties, the doctrine of shareholder primacy, corporate legal theory and CSR. The article reviews fiduciary relations and duties and analyzes the directors'duties toexercise power in the best interests of the company as a whole and for proper purposes. The article concludes that CSR is well within the accepted range of …
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States,
2014
St. John's University School of Law
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade
Faculty Publications
The excellent conference organized by Darren Rosenblum comparing global approaches to board diversity inspired me to think about how progress in this context has unfolded in the United States. Even though the issue of diversity on corporate boards has become a global issue, few U.S. boards have moved beyond mere tokenism when it comes to female directors. One reason for the lack of diversity among corporate directors is that board selection has been based on membership in a particular network. This essay, however, focuses on the persisting problem of discrimination—a more invidious explanation for the fact that very few corporate …
Managing Systemic Risk In Legal Systems,
2014
Vanderbilt University Law School
Managing Systemic Risk In Legal Systems, J.B. Ruhl
Vanderbilt Law School Faculty Publications
The American legal system has proven remarkably robust even in the face vast and often tumultuous political, social, economic, and technological change. Yet our system of law is not unlike other complex social, biological, and physical systems in exhibiting local fragility in the midst of its global robustness. Understanding how this “robust yet fragile (RYF) dilemma operates in legal systems is important to the extent law is expected to assist in managing systemic risk, the risk of large local or even system-wide failures in other social systems. Indeed, legal system failures have been blamed as partly responsible for disasters such …
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance",
2014
Cornell Law School
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", Lynn A. Stout
Cornell Law Faculty Publications
Contemporary lawmakers and reformers often argue that ex ante incentive contracts providing for large material rewards are the best and possibly only way to motivate corporate executives and other employees to serve their firms' interests. This Article offers a critique of the "pay for performance" approach. In particular, it explores why, for a variety of mutually reinforcing reasons, workplaces that rely on ex ante incentive contracts suppress unselfish prosocial behavior (conscience) and promote selfishness and opportunism. The end result may not be more efficient, but more uncooperative, unethical, and illegal employee behavior.
The Devil In The Details: Reflections On The Camp Draft,
2014
University of Michigan Law School
The Devil In The Details: Reflections On The Camp Draft, Reuven S. Avi-Yonah
Articles
The discussion draft of the Tax Reform Act of 2014 (TRA 14) released by House Ways and Means Committee Chair Dave Camp, R-Mich., on February 26 represents a major effort for fundamental and far-reaching reform of U.S. tax law. Unfortunately, while many parts of the proposal seem sensible as an effort to bring back the spirit of 1986, the international tax reform proposals are deeply flawed and based on obsolete assumptions of the world that faces U.S. multinationals in 2014.
