Breaking Bucks: Sec Regulation By Obfuscation, 2009 Chicago-Kent College of Law
Breaking Bucks: Sec Regulation By Obfuscation, William A. Birdthistle
This Article argues that the Securities and Exchange Commission’s first and most significant response to the economic crisis profoundly contradicts widely accepted theoretical and regulatory approaches to financial oversight. More alarmingly, the SEC’s newest rules increase rather than decrease the likelihood of future failures in money market funds and the broader capital markets. Scholars – of both neoclassical and behavioral economic theory – have long insisted that transparency and disclosure play essential roles in ensuring efficient capital markets and sound financial regulation. Professors Gilson and Kraakman notably argued that the efficient capital market hypothesis, and its reliance on a market ...
Book Reviews, 2009 Berkeley Law
Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite
The Gatehouses & Mansions: Fifty Years Later, 2009 University of California, Berkeley
The Gatehouses & Mansions: Fifty Years Later, Alexa Koenig, Richard Leo
In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal- procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations ...
Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, 2009 University of Newcastle, NSW, Australia
Civil Liability Arising From The Buncefield Explosion- Colour Quest Ltd V Total Downstream Uk Plc, Neil J. Foster
Neil J Foster
Explores civil liability arising from the Buncefield refinery explosion.
Reconsidering Federalism And The Farm, 2009 University of Arkansas, Fayetteville
Reconsidering Federalism And The Farm, Margaret Sova Mccabe
Margaret Sova McCabe
Balancing Consumer Protection And Scientific Integrity In The Face Of Uncertainty: The Example Of Gluten-Free Foods, 2009 University of Arkansas, Fayetteville
Balancing Consumer Protection And Scientific Integrity In The Face Of Uncertainty: The Example Of Gluten-Free Foods, Margaret Sova Mccabe
Margaret Sova McCabe
El Control De Concentraciones Económicas Y Fusiones En El Régimen Competitivo Argentino, 2009 University of Córdoba, Argentina
El Control De Concentraciones Económicas Y Fusiones En El Régimen Competitivo Argentino, Carlos Molina Sandoval
Carlos Molina Sandoval
El régimen competitivo no prohíbe la formación de poderes económicos (de hecho, la misma ley permite gozar de posición dominante -arts. 4 y 5, LDC-), sino que busca controlar mediante una notificación la estructuración del poder económico en el mercado, sancionando sólo aquellos que puedan afectar el interés económico general (art. 7, LDC). Este ensayo analiza el control de concentraciones económicas en el régimen argentino.
Retribución De Los Directores En Las Sociedades Comerciales, 2009 University of Córdoba, Argentina
Retribución De Los Directores En Las Sociedades Comerciales, Carlos Molina Sandoval
Carlos Molina Sandoval
El presente artículo analiza el art. 261, LSC, que regula la remuneración del directorio en la sociedad anónima.
The Creation And Transmission Of Justinian's Novels, 2009 University of Wyoming
The Creation And Transmission Of Justinian's Novels, Timothy G. Kearley
Timothy G. Kearley
Law School & The Web Of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students, 2009 Elon University School of Law
Law School & The Web Of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students, Eric M. Fink
Eric M Fink
Online social network sites (“SNS”) have emerged as a significant socio-technical phenomenon in the past several years. Scholars from various disciplines have examined these sites to develop a better understanding of their social significance and implications from a variety of perspectives. Within the burgeoning field of SNS studies, one strand of work focuses on the place of SNSs in students’ educational experiences and the potential pedagogical applications of SNSs. However, the SNS phenomenon generally, and its educational/pedagogical significance in particular, have received scant attention from legal scholars. This article examines the place of SNSs within the contemporary law school ...
"That Man Is You!" The Juristic Person And Faithful Love, 2009 Boston College Law School
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Maureen A Weston
Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.
Under USADA rules, an American athlete accused of doping may request an arbitration hearing ...
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, 2009 Pepperdine University
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.
Maureen A Weston
In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility ...
Canaries In The Coal Mine: The Tactical Use Of The National Labor Relations Act To Aid In The Protection Of Workers Exposed To Pollutants, Michael C. Duff
Michael C Duff
In this short piece - presented at the 2010 Shepard Symposium on Social Justice - I discuss environmental justice from the perspective of protecting workers from dangerous substances in the work place. It seems obvious that this kind of protection plays a role in guarding the environment for the community at large. It may contribute to a broader environmental justice discussion to underscore that production workers are often the first members of the community to become aware of the presence and intended uses of dangerous pollutants. Whether employed in tasks involving the manufacture or distribution of such substances, workers have obvious incentives ...
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, 2009 Australian National University
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., 2009 Australian National University
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on ...
Transporting India Into A New Climate: The Implications For Energy Law And Policy, 2009 Chapman University
Transporting India Into A New Climate: The Implications For Energy Law And Policy, Deepa Badrinarayana
Abstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India ...
Andean Left Turns: Constituent Power And Constitution-Making, 2009 University of British Columbia
Andean Left Turns: Constituent Power And Constitution-Making, Maxwell A. Cameron, Kenneth E. Sharpe
"Cameron and Sharpe begin with the observation that Latin American left turns have occurred within the framework of electoral democracy, and that the concerns about the 'illiberalism' of the left (or indeed of some Latin American democracies generally) are belied by a remarkable commitment to constitutionalism on the part of precisely those leaders who have emerged in countries where liberal and republican institutions have historically been most weak: the Andes. Yet the commitment to constitutionalism can limit the possibilities for fundamental reform. Cameron and Sharpe see the allure of 'constituent power' as a formula for attempting 'foundational' change without revolutionary ...
Lawrence Friedman’S Comparative Law, 2009 University of Chicago
Lawrence Friedman’S Comparative Law, Tom Ginsburg
For over four decades, Lawrence Friedman has been one of the key figures in American law and society studies, as well as the country’s leading legal historian. His unique vantage point has brought him into contact with a wide range of subfields in legal studies, including comparative law. Though he has never published in the leading journals of the discipline, Friedman’s series of book chapters and articles commenting on the field of comparative law have articulated a consistent and important methodological challenge. This essay elaborates Friedman’s comparative jurisprudence and argues that comparative law since the 1960s would ...
La Causa Como Posible Cláusula General Del Ordenamiento Jurídico En Las Aplicaciones Jurisprudenciales
Carlos Augusto Acosta Olivo
No abstract provided.