Search
Now showing items 31-40 of 61
Comparing CEO Employment Contract Provisions: Differences Between Australia and the United States
(Vanderbilt Law Review, 2011)
The results of our comparison of U.S. and Australian contracts offer some interesting contrasts with several earlier studies that compare U.S. and U.K. CEO compensation. In those prior studies, the authors conclude that ...
Adolescent Brain Science After Graham v. Florida
(Notre Dame Law Review, 2011)
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without possibility of parole for a non-homicide crime committed when the offender was under the age of eighteen. In an ...
Rethinking Novelty in Patent Law
(Duke Law Journal, 2011)
The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those ...
Executive Compensation in the Courts: Board Capture, Optimal Contracting, and Officers' Fiduciary Duties
(Minnesota Law Review, 2011)
This Article proposes a new approach to monitoring executive compensation. While the public seems convinced that executives at public corporations are paid too much, so far attempts to rein in executive compensation have ...
Amicus Briefs and the Sherman Act: Why Antitrust Needs a New Deal
(Texas Law Review, 2011)
Power to interpret the Sherman Act, and thus power to make broad changes to antitrust policy, is currently vested in the Supreme Court. But reevaluation of existing competition rules requires economic evidence, which the ...
Prevention as the Primary Goal of Sentencing: The Modern Case for Indeterminate Dispositions in Criminal Cases
(San Diego Law Review, 2011)
Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
Hogs Get Slaughtered at the Supreme Court
(The Supreme Court Review, 2011)
Class action plaintiffs lost two major five-to-four cases last Term, with potentially significant consequences for future class litigation: AT&T Mobility v. Concepcion and Wal-Mart v. Dukes. The tragedy is that the impact ...
Agency Independence After PCAOB
(Cardozo Law Review, 2011)
Separation of powers has a new endeavor. The PCAOB decision
makes the validity of good-cause removal protections depend on the
separation of adjudicative from policymaking and enforcement
functions within the agency. At a ...
Outsourcing, Modularity, and the Theory of the Firm
(Brigham Young University Law Review, 2011)
Firms have increasingly moved productive activities from within to outside the firm through outsourcing arrangements. According to some estimates, the value of outsourcing contracts has been nearly 100 billion dollars per ...
Reclaiming the Legal Fiction of Congressional Delegation
(Virginia Law Review, 2011)
The framework for judicial review of agency statutory interpretations is based on a legal fiction – namely, that Congress intends to delegate interpretive authority to agencies. Critics argue that the fiction is false ...