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Now showing items 21-30 of 61
The Presumption of Patentability
(Minnesota Law Review, 2013)
When the Framers of the United States Constitution granted Congress the authority to create a patent system, they certainty did not envision a patent as an a priori entitlement. As it stands now, anyone who files a patent ...
Policing Public Companies: An Empirical Examination of the Enforcement Landscape and the Role Played by State Securities Regulators
(Florida Law Review, 2013)
Multiple different securities law enforcers can pursue U.S. public companies for the same misconduct. These enforcers include a variety of federal agencies, class action attorneys, and derivative litigation attorneys, as ...
Risk Regulation Lessons from Mad Cows
(Foundations and Trends in Microeconomics, 2013)
The mad cow disease crisis in the United Kingdom (U.K.) was a major policy disaster. The government and public health officials failed to identify the risk to humans, created tremendous uncertainty regarding the human risks ...
Preemption and Choice-of-Law Coordination
(Michigan Law Review, 2013)
The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the ...
State Enforcement of National Policy: A Contextual Approach (with Evidence from the Securities Realm)
(Minnesota Law Review, 2013)
This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of “competitive federalism” have long argued that assigning ...
He Said, She Said, Let's Hear What the Data Say: Sexual Harassment in the Media, Courts , EEOC, and Social Science
(Kentucky Law Journal, 2013)
We examine whether two national newspapers (The New York Times and The Wall Street Journal) provide a realistic representation of sexual harassment in the workplace by comparing media coverage to empirical evidence on ...
Climate Change Meets the Law of the Horse
(Duke Law Journal, 2013)
The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal ...
Translating the Values of Clinical Pedagogy Across Generations
(Clinical Law Review, 2013)
Clinical teaching is a Baby Boomer. After an extended infancy, it came of age in the 1960s. It challenged the entrenched isolation and aloofness of law school by questioning the very methods by which law is taught. Channeling ...
What Should We Do About Multijurisdictional Litigation in M&A Deals?
(Vanderbilt Law Review, 2013)
Many M&A transactions attract shareholder litigation challenging the fairness of the economic terms of the deal for the target shareholders. Since the end of the financial crisis, however, there has been a documented ...
Should New Zealand Adopt Say on Pay?
(New Zealand Business Law Quarterly, 2013)
Around the globe, the latest fashion in corporate governance circles is "Say on Pay," a shareholder vote – sometimes precatory, other times mandatory – on CEO remuneration. Country after country has adopted Say on Pay in ...