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Now showing items 11-20 of 43
What's Law Got to Do With It?
(Perspectives on Politics, 2004)
The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
Damages: Using a Case Study to Teach Law, Lawyering, and Dispute Resolution
(Journal of Dispute Resolution, 2004)
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of ...
United States' Trade Policy and the Exportation of United States' Culture
(Vanderbilt Journal of Entertainment Law & Practice, 2004)
The United States Trade Representative and the policies that he (or she) attempt to impose on our trading partners have the serious and perhaps unintended effect of destroying local culture particularly in the area of film ...
The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War
(Northwestern University Law Review, 2004)
This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern ...
Reforming Corporate Governance: What History Can Teach Us
(Berkeley Business Law Journal, 2004)
In this Article, I turn to the history of corporate law for insight into the role that the corporate form plays in the organization of business enterprises. I then draw implications from this history for thinking about ...
Felony Jury Sentencing in Practice: A Three-State Study
(Vanderbilt Law Review, 2004)
Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how ...
Punitive Damages: How Judges and Juries Perform
(Journal of Legal Studies, 2004)
This paper presents the first empirical anatysis that demonstrates that juries differ from judges in awarding punitive damages. Our review of punitive damages awards of $100 million or more identified 63 such awards, of ...
Explaining The International CEO Pay Gap: Board Capture Or Market Driven?
(Vanderbilt Law Review, 2004)
If we look at convergence through the lens of the Risk Adjustment Theory, then international pay convergence will only occur if U.S. and foreign CEOs' firm-specific risk levels converge. Empirically, this is a difficult ...
The New Look of Shareholder Litigation: Acquisition-Oriented Class Actions
(Vanderbilt Law Review, 2004)
Shareholder litigation is the most frequently maligned legal check on managerial misconduct within corporations. Derivative lawsuits and federal securities class actions are portrayed as slackers in debates over how best ...
The Increasing Role of Empirical Research in Corporate Law Scholarship
(The Georgetown Law Journal, 2004)
This is a review of Professor Mark Roe's book, The Political Determinants of Corporate Governance. It seeks to accomplish two goals. First, in Part I, it summarizes the theoretical arguments made in Political Determinants ...