By Morgan
By Felix Chang, Published on 01/01/24
Directors of public companies are responsible for overseeing complex organizations in a rapidly changing business environment, but they are not required to engage in continuing education. This creates a danger that directors will not have the knowledge they need to meet the significant demands of overseeing public companies. To address this, public companies should adopt...
By Brett McDonnell, Published on 01/01/24
The Eighth Amendment Punishments Clause is in jeopardy. The con-stitutionality of punishments is usually judged according to the “evolv-ing standards of decency that mark the progress of a maturing socie-ty.” And in evaluating these standards, the Court has traditionally looked to changing societal views on punishment. This is a living con-stitution approach to interpretation...
The online elaboration of speech norms is enduring a decisive transformation, threatening the vital prospects of democratic contestation, which enable democracies to thrive. In this Article, we demonstrate how a critical space for social deliberation and negotiation of the desirable boundaries of free speech is "lost in translation
Special purpose acquisition companies (SPACs) exploded in popularity in the recent past, luring both adventurous retail investors and sophisticated institutional investors. In a SPAC, a publicly traded shell corporation acquires a private target, thereby taking it public in a manner that circumvents the rigors of a traditional initial public offering (IPO). Proponents vaunt SPACs
By Barbara J. Evans, Published on 01/01/23
By Scott R. Bauries, Published on 01/01/23
In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: "Should the mediation be conducted in person, or virtually?" The answer to this question can have a...
Two recent Supreme Court decisions upended American life. Opinions released on consecutive days in June 2022 overturned the right of reproductive choice nationwide and invalidated a statute regulating the carrying of concealed weapons in New York. The opinions were united by a common methodology. Pursuant to what one scholar terms “thick” originalism, history, as told by the...
Chevron, the landmark Supreme Court case urging judicial deference to reasonable agency interpretations of vague or ambiguous statutes, has dominated federal administrative law since 1984. The sudden rise of the major questions doctrine, however, has destroyed Chevron’s jurisprudential habitat. Conservation biology suggests that habitat destruction is most devastating to dominant...
Last Chance Tourism. 500 Places to See Before They Disappear. 100 Places to Go Before They Disappear. As these (real) book titles at-test, climate change, often in combination with loss of biodiversity, has created a new kind of ecotourism, which we term eco-necrotourism—the desire to see natural wonders and rare species before they are lost or transformed forever. As a scholarly...
Rebecca creates an artwork. David mints an NFT that links to Rebecca’s work. Is David making a copyright infringement? This question — probably the most fundamental one at the intersection between copyright and the technology of non-fungible tokens (NFT) — is the focus of this Article. As surprising as this may sound, the answer is not at all obvious under the extant copyright...
By Sidney Edgar, Published on 01/01/23
By Amanda Peters, Published on 04/01/23
By John M. Kang, Published on 04/01/23
By Wayne R. Barnes, Published on 04/01/23
By David Yosifson, Published on 04/01/23
For a generation, copyright scholars have taken it as a given that copyright law is destined to be disrupted by technological change. The basic problem, they have explained, is that it is impossible for Congress to anticipate the ways that new technologies will affect the creation, distribution, adaptation, and consumption of creative work. While excusing Congress and the courts...
In 2018, the New York Stock Exchange (NYSE) amended its rules to allow a company to directly list on the Big Board without engaging in an initial public offering (IPO). This process-called a direct listingallowed a company to list its stock faster and cheaper, and, at least theoretically, at a more accurate price when compared to the traditional IPO. However, this first version...
In 2014, the International Consortium of Investigative Journalists broke the "LuxLeaks" scandal, revealing numerous tax rulings that the press termed "sweetheart deals" granted to multinational companies. Many countries offer tax rulings because they provide certainty to taxpayers and the government on the tax consequences of a planned transaction. Yet, secrecy that is followed...
By Marissa Truskowski, Published on 07/01/22
By Ronen Perry and Tal Z. Zarsky, Published on 07/01/22