Now showing items 198-217 of 1354

    • McKanders, Karla Mari (University of Arkansas at Little Rock Law Review, 2009)
      Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal ...
    • Rossi, Jim; Wiseman, Hannah J. (Duke Law Journal, 2018)
      In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
    • Moran, Beverly I. (Northern Illinois University Law Review, 2005)
      "Dred Scott v. Sanford", "Plessy v. Ferguson", "Brown v. Board of Education" and "Grutter v. Bollinger" all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must ...
    • Viscusi, W. Kip (Duke Law Journal, 1998)
      Professor W. Kip Viscusi argues for a move away from the adversarial approach to tobacco regulation, an approach that is currently embodied in class action lawsuits and the proposed broadening of FDA regulatory power over ...
    • Viscusi, W. Kip (Journal of Law and Economics, 1985)
      A recurring issue in the economic analysis of risk regulation agencies is whether these efforts have had any significant favorable effect on safety. Although the existence of such an effect would not necessarily imply that ...
    • Skiba, Paige Marta; Xiao, Jean (Law and Contemporary Problems, 2017)
      This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are both alternative financial ...
    • Newton, Michael A. (Georgia Journal of International & Comparative Law, 2017)
      This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article ...
    • Blair, Margaret M., 1950- (Stetson Law Review, 1998)
      Statutory and case law make it clear that corporate officers and directors have very wide discretion to direct reasonable amounts of corporate resources toward artistic, educational, and humanitarian causes, even if those ...
    • Sitaraman, Ganesh (Columbia Law Review, 2014)
      The Supreme Court’s decision in Citizens United v. FEC is widely considered a major roadblock for campaign finance reform, and particularly for limiting third party spending in federal elections. In response to the decision, ...
    • Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (Cornell Law Review, 2013)
      Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal ...
    • Fishman, Joseph P. (New York University Law Review, 2016)
      There’s more than one way to copy. The process of copying can be laborious or easy, expensive or cheap, educative or unenriching. But the two intellectual property regimes that make copying an element of liability, copyright ...
    • Fishman, Joseph P. (American Criminal Law Review, 2014)
      This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
    • Thomas, Randall S.; Cox, James D. (North Carolina Law Review, 2016)
      Because representative shareholder litigation has been constrained by numerous legal developments, the corporate governance system has developed new mechanisms as alternative means to address managerial agency costs. We ...
    • Blair, Margaret M., 1950- (University of Illinois Law Review, 2013)
      In 2010, the U.S. Supreme Court held in Citizens United v. FEC that restrictions on corporate political speech were unconstitutional because of the First Amendment rights granted corporations as a result of their status ...
    • Viscusi, W. Kip (Stanford Law Review, 2000)
      Balancing of risk and cost lies at the heart of standard negligence tests and policy analysis approaches to government regulation. Notwithstanding the desirability of using a benefit-cost approach to assess the merits of ...
    • Edelman, Paul H.; Thompson, Robert B., 1949- (Vanderbilt Law Review, 2009)
      Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decision-making in the public sphere. Directors are assumed to be agents of the shareholders ...
    • Thomas, Randall S., 1955-; Edelman, Paul H. (Vanderbilt Law Review, 2005)
      For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
    • Edelman, Paul H.; Thomas, Randall S., 1955- (Vanderbilt Law Review, 2005)
      For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
    • O'Connor, Erin O'Hara, 1965- (University of Illinois Law Review, 2008)
      The state competition for corporate law has long been studied as a distinct phenomenon. Under the traditional view, corporations are subject to a unique choice-of-law rule, the internal affairs doctrine (IAD). This rule ...
    • Sitaraman, Ganesh (Democracy: A Journal of Ideas, 2019)
      The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich ...