Risk-Taking, 2009 Drexel University
Risk-Taking, Karl Okamoto, Douglas Edwards
“First, kill all the bankers.”
With this phrase, the Wall Street Journal recently captured the sentiment driving the movement to regulate bankers’ pay. While we agree that financial industry executives made poor decisions, we take issue with the recent suggestion that, to prevent the excessive risk-taking that led to the recent financial crisis, we must only correct certain “perverse” compensation-related incentives. This logic, unfortunately, underpins a worldwide call to reform executive compensation in the finance industry. The precise prescriptions differ, but a common view has prevailed - if we can dampen the incentives to take risk, we can achieve greater financial ...
The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray
Laura K. Ray
No abstract provided.
Two Understandings Of Supremacy: An Essay, 2009 Chicago-Kent College of Law
Two Understandings Of Supremacy: An Essay, Vincent Samar
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), 2009 Chicago-Kent College of Law
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee
This book review analyzes - and remixes - Lawrence Lessig's last copyright-related book, "Remix." It takes the central ideas, including some quotations, from Remix, and transforms them with some new examples and commentary of my own. Part I summarizes and critiques Lessig’s discussion of (1) the remix and read-write (RW) culture, and (2) its relationship to the sharing, commercial, and hybrid economies. Part II discusses some of Lessig’s reform proposals for our copyright system to foster a remix culture.
The Intellectual Property Landscape For Ips Cells, 2009 University of California, Hastings
The Intellectual Property Landscape For Ips Cells, Robin C. Feldman
Robin C Feldman
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Policies, 2009 University of Connecticut
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Policies, John Aloysius Cogan Jr.
John Aloysius Cogan Jr.
Public Confidence And Judicial Campaigns, 2009 Widener Law
Public Confidence And Judicial Campaigns, Michael R. Dimino
Michael R Dimino
The Requirement Of An Investigator In Public And Private Practice, 2009 Santa Barbara College of Law
The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger
Robert M. Sanger
Deepwater Drilling And Least-Cost Energy Decision Making, 2009 Widener University - Delaware Campus
Deepwater Drilling And Least-Cost Energy Decision Making, David R. Hodas
David R. Hodas
No abstract provided.
Duty To Report Attorney Misconduct, 2009 Selected Works
Duty To Report Attorney Misconduct, Luke M. Scheuer
Luke M Scheuer
No abstract provided.
Altruism And Innovation In Health Care, 2009 Harvard Medical School
Altruism And Innovation In Health Care, Anupam Bapu Jena, Stéphane Mechoulan, Tomas J. Philipson
The joint presence of technological change and consumption externalities is central to health care industries around the world, because medical innovation drives the expansion of the health care sector and altruism seems to motivate many public subsidies. Although traditional economic analysis has proposed well-known remedies to deal with consumption externalities and inefficient technological change in isolation, it lacks clear principles for addressing them jointly. We argue that standard remedies to each of the two problems are inadequate. Focusing on U.S. health care, we provide illustrative calculations of the dynamic inefficiency in the level of research and development (R&D ...
Taking Stock -- Salary And Options Too: The Looting Of Corporate America, 2009 Fordham University
Taking Stock -- Salary And Options Too: The Looting Of Corporate America, Kenneth R. Davis
Kenneth R. Davis
Abstract “Taking Stock – Salary and Options Too: The Looting of Corporate America” Executive compensation has come to mean corporate greed. CEO pay has soared to incomprehensible levels. Even during the current financial crisis, more CEOs saw pay increases than cuts. Public resentment to multi-million dollar paychecks swelled to outrage when AIG and Merrill Lynch used bailout funds to dispense enormous bonuses to executives. The looting of America’s corporations has led to numerous strategies to curb executive compensation. These strategies include heightened corporate disclosure requirements, tax incentives, say-on-pay, and shareholder input into the process for nominating directors. All these strategies ...
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, 2009 University of Tennessee, Knoxville
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
Robert M Lloyd
This article explains the factors courts consider when determining whether to award damages for lost profits. It contains an extensive review of the case law.
Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, 2009 Campbell University School of Law
Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.
Michael B. Kent Jr.
One of the lingering questions about the law of regulatory takings concerns the proper scope and application of the Supreme Court’s exactions jurisprudence, known as the Nollan/Dolan test. A recurring issue in the case law, and of particular importance to this article, is the extent to which the Nollan/Dolan framework applies to takings challenges brought against development impact fees.
By and large, the decisions on the issue split over two primary questions. First, there is a debate about whether Nollan/Dolan is limited to physical exactions or whether the test might also apply to monetary exactions as ...
Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, 2009 Oklahoma City University School of Law
Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack
No abstract provided.
Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, 2009 Seton Hall law School
Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley
DRUG SAFETY AND COMMERCIAL SPEECH:
TELEVISION ADVERTISEMENTS AND REPRINTS ON OFF-LABEL USES
By Margaret Gilhooley©
This paper examines how the constitutional protections for commercial speech have limited the ability of Congress and FDA to regulate prescription drugs in ways that can affect safety. In Thompson v. Western States, the Supreme Court struck down a Congressional restriction on advertisements for unapproved “compound” drugs because a disclosure that FDA had not approved the compound was considered a constitutionally adequate alternative. While drug compounds are a relatively obscure category, the decision influenced Congress in deciding not to ...
The Second Amendment And The Myth Of Neutrality: Mcdonald V. City Of Chicago And Judicial Craftsmanship, 2009 Texas Southern University
The Second Amendment And The Myth Of Neutrality: Mcdonald V. City Of Chicago And Judicial Craftsmanship, Craig L. Jackson
Craig L. Jackson
The Supreme Court opinion in McDonald v. City of Chicago was an exercise in one of the Court’s most solemn duties—the identification of a fundamental right. In this case the right identified as fundamental was the right to keep and bear arms. Perhaps it should be called an anointing of a fundamental right because of all of the different jurisprudences that the Court has engaged in since the latter part of the nineteenth century, the identification of fundamental rights for a polity based on principles of liberty is almost sacred. Yet, a fair reading of the opinion, and ...
Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, 2009 Boston College Law School
Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba
Mary Ann Chirba
No abstract provided.
It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, 2009 Arizona Summit Law School
It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng
Jennifer E Spreng
In Fall 2008, a nascent classroom community emerged among my Civil Procedure students, teaching assistants and I. That term’s adventure eventually became the vital “past” for the fully formed community that would knit students of future classes together as one.
The genesis of this early classroom community was my ideal of “the good lawyer” as the small-firm or small-jurisdiction practitioner I had known as a seven-year solo practitioner in a town of 50,000 people. That ideal was a combination of “the rhythms of the law” that run throughout the specialties; a more respectful and less stratified model of ...
Regulating Online Buzz Marketing: Untangling A Web Of Deceit, 2009 University of Wyoming
Regulating Online Buzz Marketing: Untangling A Web Of Deceit, Robert Sprague, Mary Ellen Wells
During the past fifteen years, the Internet has swelled into its own virtual world of commentary, opinion, criticism, news, music, videos, gaming, role playing, shopping, banking, finance, and digital commerce. Coupled with the growth of blogs and social networking sites, millions of Americans appear willing to share online their own thoughts and experiences regarding products, services and companies. In response to the public’s interest, companies have begun to rely more heavily in recent years on word of mouth marketing, often referred to as “buzz marketing,” a technique that attempts to generate conversations among and with current and potential customers ...