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Now showing items 31-40 of 51
Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms
(University of Pennsylvania Law Review, 2010)
The ongoing Great Recession has triggered numerous proposals to improve the regulation of financial markets and, most importantly, the regulation of organizations such as credit rating agencies, underwriters, hedge funds, ...
The Limits of a National Renewable Portfolio Standard
(Connecticut Law Review, 2010)
In this Commentary Article, Professor Rossi highlights some of the distributional and operational problems presented by a national renewable portfolio standard ("RPS") in electric power. He also offers several solutions ...
Saving Lives Through Punitive Damages
(Southern California Law Review, 2010)
This Article proposes that the value of statistical life ("VSL ") be used to set the total damages amount needed for deterrence when punitive damages are warranted in wrongful death cases. The appropriate level of total ...
The Multienforcer Approach to Securities Fraud Deterrence: A Critical Analysis
(University of Pennsylvania Law Review, 2010)
Participants in the U.S. capital markets can be sued for securities fraud by a mishmash of enforcers, including the SEC, class action plaintiffs, and state regulators. Does this multi-enforcer approach make sense from a ...
Why Criminal Culpability Should Follow the Critical Path: Reframing the Theory of "Effective Control"
(Netherlands Yearbook of International Law, 2010)
Commanders are the critical path enabling the formation and employment of any fighting organization. By extension, their units are most militarily effective where they are governed by adequate control mechanisms. The classic ...
Reconsidering Reprisals
(Duke Journal of Comparative & International Law, 2010)
The prohibition on the use of reprisals is widely regarded as one of the most sacrosanct statements of the jus in bello applicable to the conduct of modern hostilities. The textual formulations are stark and subject to no ...
Discovering Agreement: Setting Procedural Goals in Legal Negotiation
(Loyola Law Review, 2010)
There are no rules of procedure for legal negotiation. Negotiators have to make them up. The procedures for legal negotiation have to fit the context of each unique case. Moreover, they have to be acceptable to the other ...
Siting Transmission Lines in a Changed Milieu: Evolving Notions of the "Public Interest" In Balancing State and Regional Considerations
(University of Colorado Law Review, 2010)
This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a ...
Reinventing Lisbon: The Case for a Protocol to the Lisbon Agreement (Geographical Indications)
(Chicago Journal of International Law, 2010)
The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on ...
Ecosystem Services and Federal Public Lands: Start-up Policy Questions and Research Needs
(Duke Environmental Law & Policy Forum, 2010)
This Essay, based on a presentation at Duke Law School’s 2009 symposium, Next Generation Conservation: The Government's Role in Emerging Ecosystem Service Markets, briefly examines the emerging policy front of ecosystem ...