Published in Winter 2012. This article explores the collaborative relationship between For-profit and Nonprofits and the degree of duty of care the entities’ boards of directors must use. The second article explores recommends strategies that parties to green building contracts should undertake to avoid future disputes and set an appropriate standard of care amenable to all parties involved in the rapidly growing green building industry. The third article debunks the myth that insurance coverage is not available for international torts or damages. The fourth article explores Citizens United v. Federal Election Commission and the fact that the right to corporate political speech should not damage corporate stock prices or negatively affect firm value. The first student note reviews the whistleblower protections in the DoddFrank Wall Street Reform and Consumer Protection Act. This note argues that these whistleblower protections go too far and are likely to increase the number of false and meritless claims filed with the Securities and Exchange Commission. The second student note analyzes problems of electronic document preservation in the context of cloud computing, such as when a litigant’s data is subject to discovery, but is stored on the network of a third-party vendor.
More detailed summaries below, as well as links to respond. What will you contribute? Responses will be published in our online pocket part on a rolling basis.
Published in Summer 2012. The first article notes significant changes in the economy for creative content and the implications of the creative economy for lawyers, with a suggestion for law school clinical programs. The second article uses supracompetitive gas station pricing as a starting point to develop an evolutionary theory of price cartels, which he tests with game theory methods to draw some novel implications. In the third article, the author embarks on an extensive critique of the increasingly utilized electronic mortgage systems, noting the destructive effect such a regime has on traditional real property law and transactions. The fourth article explores the difficult situation in which suppliers are placed when a company (or many companies) declare bankruptcy and what new tools may be available for suppliers to recover their assets, but notes persistent gaps in the legal scheme for supplier protection. Using the “flash crash” of May 2010 as an example of the complexity and vulnerability of the high-frequency trading market, the first student note describes serious regulatory defects and offers some simple solutions that would prevent further crises. Finally, the second student note examines California’s smog-check regulations to demonstrate problems with using strict liability in regulatory actions and suggests a new rule to better further public interests.
More detailed summaries are below, as well as links to engage and respond. What will you contribute? Responses will be published in our online pocket part on a rolling basis.