The Law Review
Regulating Companies as if the World Matters: Reflections From the Ongoing Sustainable Companies Project
Author: Beate SjåfjellPosted on April 14th, 2012 | No Comments |
Introduction: A Moral Imperative for Action The company is one of the most ingenious inventions of our time.[1] With limited liability for its investors, enabling capital to be (in theory) put to its most efficient use, the company has become the backbone of our economies. But must this all-important component…
Continue reading...A Unique Religious Exemption From Antidiscrimination Laws in the Case of Gays? Putting the Call for Exemptions for Those Who Discriminate Against Married or Marrying Gays in Context
Author: Michael Kent CurtisPosted on April 14th, 2012 | No Comments |
Introduction A. The Issue Faced with gay marriage in a few states, the Becket Fund for Religious Liberty and some scholars advocate exemptions from antidiscrimination laws for those with religious or moral objections to “facilitating” gay marriage.[1] Advocates seek exemptions only in connection with gays and, at least initially, they…
Continue reading...Our Continuing Struggle With the Idea That For-Profit Corporations Seek Profit
Author: Leo E. Strine, Jr.Posted on April 14th, 2012 | No Comments |
This Essay addresses an issue that, to be candid, perplexes me. That issue is the continuing dismay evidenced in Western, capitalist nations when public corporations that pursue profit for their stockholders take actions that adversely affect the nation’s economic stability, the corporation’s employees, or the environment. When a corporation’s ardor…
Continue reading...When Staying Discovery Stays Justice: Analyzing Motions to Stay Discovery When a Motion to Dismiss is Pending
Author: Kevin J. LynchPosted on April 11th, 2012 | Comments Off |
Discovery plays a key role in our modern federal courts. Discovery can be costly and burdensome, but it also enables settlement, reduces informational disparities between parties, and clarifies issues for trial. Under the Federal Rules of Civil Procedure, discovery is intended to occur with limited intervention by the court, absent a dispute arising. However, in cases where a motion to dismiss is filed, judges are routinely asked to stay discovery while that motion is pending.
Continue reading...A Signaling Theory of Lockups in Mergers
Author: Shmuel LeshemPosted on April 11th, 2012 | No Comments |
Empirical evidence shows that termination fees (“lockups”) in merger agreements of public companies discourage competition for the target company but do not necessarily harm target shareholders. This Article presents a signaling theory consistent with this evidence and considers the theory’s normative implications. The chief argument is that the presence of…
Continue reading...Copyright, Death, and Taxes
Author: Edward LeePosted on April 11th, 2012 | No Comments |
The Copyright Act of 1976 is nearing its fourth decade of existence. By historical standards, that longevity puts the 1976 Act “on the clock” for a major revision in the near future. Indeed, given the incredible advances in digital technologies and the Internet—all of which were unforeseen by Congress back in 1976—the need for a major revision and modernization of copyright law may already be upon us.
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Latest From the Blog Roll
"Retired federal judge blasts direction of U.S. Supreme Court"
May 21, 2012"Retired federal judge blasts direction of U.S. Supreme Court": The Birmingham News has this update. […]
"Planned Parenthood Urges Court To Keep Texas Funding In Place"
May 21, 2012"Planned Parenthood Urges Court To Keep Texas Funding In Place": Bloomberg News has a report that begins, "Planned Parenthood-affiliated groups in Texas asked a federal appeals court to uphold a ruling requiring the state to keep subsidizing the clinics." […]
"Feds Prevail in Spat with Former Acting Solicitor General"
May 21, 2012"Feds Prevail in Spat with Former Acting Solicitor General": Brent Kendall has this post today at WSJ.com's "Law Blog." […]
"Supreme Court faces pressure to reconsider Citizens United ruling"
May 21, 2012"Supreme Court faces pressure to reconsider Citizens United ruling": Robert Barnes will have this article Monday in The Washington Post. […]
Woody Allen had already registered dot-insecure
May 21, 2012(Stewart Baker) Two and a half years after former Director of National Intelligence Mike McConnell called for a “dot-secure” network, a Silicon Valley startup with $9.6 million in funding has announced plans to launch one. From the description, this isn’t intended to be a wholly secure network, since that’s a promise no one can fulfill. Instead, it’s […]
Darwin shudders
May 21, 2012(Stewart Baker) The one man convicted of the Lockerbie bombing has died, three years after being released by the Scottish Nationalist government for what was advertised as his last few weeks of life. Evidently determined never to apologize, SNP leader Alex Salmond defended that release today, saying that “regardless of people’s views they can have complete c […]
Sex, Consent, Pushiness, and Acquiescence
May 20, 2012(Eugene Volokh) An interesting recent sex crime case, In re Tiemann (Mich. Ct. App. May 8, 2012). Because the parties were underage (defendant was 15 and HS was 14), consent was not a defense to the underlying crime, but it proved to be important to deciding whether the defendant could avoid having to register as a sex […]
An Interesting Defamation Case
May 20, 2012(Eugene Volokh) I just ran across an interesting case, Memphis Pub. Co. v. Nichols (Tenn. 1978). The Memphis Press-Scimitar published the following article that mentioned Mrs. Ruth Ann Nichols: WOMAN HURT BY GUNSHOT Mrs. Ruth A. Nichols, 164 Eastview, was treated at St. Joseph Hospital for a bullet wound in her arm after a shooting at her […]
Is Marriage a Legal Contract?
May 20, 2012(Eugene Volokh) A reader asks: In a discussion thread on another blog, I hazarded an observation that marriage is NOT a contract as typically defined at law. I based this on my view that marriage does not contain elements that a contract must contain, such as a definition of goods and services offered in exchange for consideration. […]
The Irrelevant Myth of the “Constitution-in-Exile Movement”
May 20, 2012(Randy Barnett) As a follow up to my previous post, I wish to comment briefly on Jeff Rosen’s revival of Cass Sunstein and his invention: the Constitution-in-Exile Movement that seeks a return to the pre-1937 Supreme Court doctrine. As my previous post makes clear, the challenge to the Affordable Care Act is in no way based on […]