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Corporate Personhood and the Corporate Persona
(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 ...
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 ...
Insider Trading in Derivatives Markets
(Georgetown Law Journal, 2015)
The prohibition against insider trading is becoming increasingly anachronistic in markets where derivatives like credit default swaps (CDS) operate. Lenders use these instruments to trade the credit risk of the loans they ...
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 ...
Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform
(Vanderbilt Law Review, 2012)
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...
Panarchy and the Law
(Ecology and Society, 2012)
Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive ...
The Future of Agency Independence
(Vanderbilt Law Review, 2010)
Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In ...
Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry
(Duquesne Law Review, 2013)
This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations ...
Simplicial Complexes Obtained from Qualitative Probability Orders
(Journal of Discrete Mathematics, 2013)
The goal of this paper is to introduce a new class of simplicial complexes that
naturally generalize the threshold complexes. These will be derived from qualitative probability orders on subsets of a finite set that ...
Pricing Lives for Corporate and Governmental Risk Decisions
(Vanderbilt Law Review, 2015)
The value of a statistical life (VSL) is the most influential single parameter used in calculating the benefits of governmental regulations. While there are some inter-agency differences, there is a commonality in the ...