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Now showing items 31-40 of 44
SEC Enforcement Heuristics: An Empirical Inquiry
(Duke Law Journal, 2003)
This Article examines the overlap between SEC securities enforcement actions and private securities fraud class actions. We begin with an overview of data concerning all SEC enforcement actions from 1997 to 2002. We find ...
Beyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Markets
(Michigan State DCL Law Review, 2003)
Regulatory agencies are increasingly adopting ex ante rules to set market access terms and conditions for network industries. At the same time, in industries such as telecommunications and electric power transmission and ...
Prospect Theory, Risk Preference, and the Law
(Northwestern University Law Review, 2003)
To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with ...
Panacea or Pandora's Box?: The Costs of Options in Negotiation
(Iowa Law Review, 2003)
The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. ...
What Atkins Could Mean for People with Mental Illness
(New Mexico Law Review, 2003)
This article, written for a symposium on Atkins v. Virginia - the Supreme Court decision that prohibited execution of people with mental retardation - argues that people with severe mental illness must now also be protected ...
A View from the Trenches
(Case Western Reserve Journal of International Law, 2003)
As a former armor officer, my roots are literally in the trenches. In sharing my figurative view from the trenches regarding the pursuit of justice, you should know that the pursuit of justice is the very core of our ...
Vanderbilt Law School in the Nineteenth Century: Its Creation and Formative Years
(Vanderbilt Law Review, 2003)
Vanderbilt University Law School is recognized today as offering one of the nation's preeminent programs in legal education. Its opening in Nashville in 1874, however, was inauspicious at best, and its operation during the ...
Directors' Duties in a Post-Enron World: Why Language Matters
(Wake Forest Law Review, 2003)
This essay observes that, in the face of corporate scandals of the last few years, a number of prominent advocates for shareholder primacy have retreated to the position that directors and officers should attempt to maximize ...
The Dangers of Deference: International Claim Settlement by the President
(Harvard International Law Journal, 2003)
During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the "French Agreement"), Germany (the "German Agreement"), and Austria ...
The Origins of Felony Jury Sentencing in the United States
(Chicago-Kent Law Review, 2003)
All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted ...