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Risk-Taking, Karl Okamoto, Douglas Edwards 2009 Drexel University

Risk-Taking, Karl Okamoto, Douglas Edwards

Karl Okamoto

“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 2009 Widener Law

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, Vincent Samar 2009 Chicago-Kent College of Law

Two Understandings Of Supremacy: An Essay, Vincent Samar

Vincent Samar

Two Understandings of Supremacy: An Essay


Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee 2009 Chicago-Kent College of Law

Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee

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, Robin C. Feldman 2009 University of California, Hastings

The Intellectual Property Landscape For Ips Cells, Robin C. Feldman

Robin C Feldman

Beginning in 2006, induced pluripotent stem cells have raised the tantalizing possibility that stem cell research could move forward without the significant moral and ethical dilemmas that have paralyzed the field. These cells, known as iPS cells, originate from adult somatic cells, but function in a manner that is almost equivalent to embryonic stem cells. If iPS cell research lives up to its promise, stem cell research, diagnostics, and treatment could be accomplished without destroying or in any way interfering with human embryos or their development.

While we may be entering a historic moment in stem cell research, we are ...


Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Policies, John Aloysius Cogan Jr. 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.

While the rhetoric surrounding the passage of the Patient Protection and Affordable Care Act focused on core issues such as cost, quality, and access to care, the dialog rarely acknowledged a key problem-the fact that most Americans do not understand their health insurance. Simply put, consumers do not fully grasp their health insurance coverage because the jargon found in many health insurance contracts is impenetrable to most Americans. This is disconcerting because consumer-oriented information is central to our increasingly consumer-directed health care system. Consumers are expected to make cost-effective choices among the array of health insurance plans that may be ...


Public Confidence And Judicial Campaigns, Michael R. Dimino 2009 Widener Law

Public Confidence And Judicial Campaigns, Michael R. Dimino

Michael R Dimino

My purpose in this essay is to evaluate one of the alternative grounds suggested by Professor Geyh: that the elimination of judicial elections and limits on judicial candidates’ speech can be defended as means of "preserv[ing] public confidence in the courts." Such confidence is necessary, the argument goes, because the people would refuse to "acquiesce[] in the orderly administration of justice" if they believed that judges were deciding cases on the basis of their own preferences (or the electorate’s) rather than on the law.


The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger 2009 Santa Barbara College of Law

The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger

Robert M. Sanger

Trial lawyers do everything we can to avoid IAC and support the requirements of the Sixth Amendment to the United States Constitution which provides that the accused has a right to counsel -- counsel that is not only present but also effective. Under Ake v. Oklahoma , the United States Supreme Court stated that the right includes the right to have experts and investigators. Since Ake, there has been much litigation, particularly in capital cases, regarding the right to have the use of such experts to do an effective job.  

The California courts have made it clear that the right to the ...


Deepwater Drilling And Least-Cost Energy Decision Making, David R. Hodas 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, Luke M. Scheuer 2009 Selected Works

Duty To Report Attorney Misconduct, Luke M. Scheuer

Luke M Scheuer

No abstract provided.


Altruism And Innovation In Health Care, Anupam Bapu Jena, Stéphane Mechoulan, Tomas J. Philipson 2009 Harvard Medical School

Altruism And Innovation In Health Care, Anupam Bapu Jena, Stéphane Mechoulan, Tomas J. Philipson

Stéphane Mechoulan

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, Kenneth R. Davis 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, Robert M. Lloyd 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, Michael B. Kent Jr. 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, Carla Spivack 2009 Oklahoma City University School of Law

Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack

Carla Spivack

No abstract provided.


Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley 2009 Seton Hall law School

Drug Safety And Commercial Speech: Television Advertisements And Reprints On Off-Label Uses, Margaret Gilhooley

Margaret Gilhooley

1/11/10

PREPUBLICATION VERSION

DRUG SAFETY AND COMMERCIAL SPEECH:

TELEVISION ADVERTISEMENTS AND REPRINTS ON OFF-LABEL USES

By Margaret Gilhooley©

ABSTRACT

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, Craig L. Jackson 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, Mary Ann Chirba 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, Jennifer E. Spreng 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, Robert Sprague, Mary Ellen Wells 2009 University of Wyoming

Regulating Online Buzz Marketing: Untangling A Web Of Deceit, Robert Sprague, Mary Ellen Wells

Robert Sprague

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 ...


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