bluuebunny/crossref_metadata_2025 huggingface dataset:
Limit Order Markets
Authors: Hasbrouck Joel
Published: November 2023

The worldwide proliferation of limit order markets (LOMs) clearly estab-lishes a need for economic and statistical models of these mechanisms. This chapter discusses some approaches, but it should be admitted at the outset that no comprehensive and realistic models (either statistical or economic) exist. One might start with the view that a limit order, being a bid or offer, is simply a dealer quote by another name. The implication is that a limit order is exposed to asymmetric information risk and also must recover non informational costs of trade. This view supports the application of the economic and statistical models described earlier to LOM, hybrid, and other non dealer markets.
Inefficient Markets: The Third Theme
Authors: Shefrin Hersh
Published: November 2023

One of the most fiercely debated questions in finance is whether the market is efficient or inefficient. Remember the hedge fund Long Term Capital Management (LTCM)? How did it advertise itself to investors? LTCM members promoted their firm as an exploiter of pricing anomalies in global markets. In this regard, consider the following heated exchange between Myron Scholes, LTCM partner and Nobel laureate, and Andrew Chow, vice president in charge of derivatives for potential investor Conseco Capital. Chow is quoted as saying to Scholes, "I don't think there are that many pure anomalies that can occur"; to which Scholes responded: "As long as there continue to be people like you, we'll make money."
Biased Reactions to Earnings Announcements
Authors: Shefrin Hersh
Published: November 2023

Mispricing is complicated. Sometimes mispricing results in reversals, while at other times it results in momentum. Momentum and reversals coexist, despite lying at diametrically opposite ends of the spectrum. The academic scholars participating in the market efficiency debate have been grappling with what this coexistence means. Proponents of market efficiency view these phenomena as nothing more than random deviations from efficient prices. On the other hand, proponents of behavioral finance view them as systematic departures from efficient prices.
Retirement Saving: Myopia and Self-Control
Authors: Shefrin Hersh
Published: November 2023

What are the psychological phenomena in question? First comes myopia, leading to shortsightedness and low tolerance for risk. Low risk tolerance primarily stems from loss aversion. Next comes overconfidence: Investors seem pretty blase about having sufficient resources in place for retirement, despite the absence of clear retirement plans. Third, inadequate saving is essentially a self-control problem that occurs because the temptation to consume now is especially strong. Exercising self-control involves the cultivation of good habits, and good saving habits make good use of mental accounting. That is, good savings habits exploit frame dependence.
Closed-End Funds: What Drives Discounts?
Authors: Shefrin Hersh
Published: November 2023

The prices of closed-end funds present a puzzle for market efficiency. In a closed-end fund, the number of shares is fixed after the initial offering. Therefore, the only way investors can buy shares in the fund is to purchase them from some other investor. Open-end funds are different. In an open-end fund, the number of shares is not fixed, and investors purchase shares directly from the investment company running the fund. In this case, the investment company simply issues more shares to meet investor demand.
Corporate Takeovers and the Winner's Curse
Authors: Shefrin Hersh
Published: November 2023

Corporate executives suffer from "Lake Wobegon syndrome": Lake Wobegon is the mythical rural Minnesota community where all children are above average.1 Lake Wobegon syndrome pertains to hubris, overconfidence about ability. In chapter 4, I mentioned that most people rate themselves as above-average drivers. In this chapter, I dis cuss how overconfidence affects corporate decisions, mostly associated with mergers and acquisition.
Commodity Futures: Orange Juice and Sentiment
Authors: Shefrin Hersh
Published: November 2023

The frantic hand signals that commodity traders use in the trading pits suggests that prices are extremely volatile. Is this impression accurate? From the perspective of market efficiency, the question about volatility boils down to whether commodity prices overreact to the flow of new material information. From the outside, it is often difficult to judge how germane the flow of information actually is. However, in a very clever article, Richard Roll (1984) suggests that we can use one commodity market to evaluate those information flows. That commodity is orange juice concentrate, where the most relevant fundamental variables that change on a day-to-day basis are the weather around Orlando, Florida, and the supply of oranges from Brazil.
Gun Control and Public Policy
Authors: Tushnet Mark V
Published: November 2023

Gun-control and gun-rights advocates circulate dueling anecdotes to bolster their positions. Here are some, gathered from the websites of the National Rifle Association and the Brady Campaign to Prevent Gun Violence. Khalid Ali’s family moved from Najaf, Iraq, to get away from that nation’s violence. They relocated to Buffalo, New York, where Khalid made new friends. One, Norma Geil’s fifteen-year- old daughter (whose name was unpublished because she was a juvenile), invited the eighteen-year-old Khalid and about thirty other friends to a raucous birthday party on Saturday, February 11, 2006. There was a lot of drinking and marijuana smoking; four kids were asked to leave the party, and as they did six others followed them outside and robbed them. The party continued into Sunday afternoon. The few still there got hold of several weapons.
Slavery: From the Revolution to the Cotton Kingdom
Authors: Horton James Oliver , Horton Lois E
Published: November 2023

On the afternoon of March 5, 1770, forty-seven-year-old Crispus Attucks, a fugitive slave, was drinking in a Boston pub with some other sailors when a British soldier entered and asked about local employment. Perhaps the soldier was new to the city and unaware that tensions between local workers and the British soldiers had erupted into minor disturbances all winter. Surely he knew about the long-standing resentment American sailors had toward impressment, and he should have known that local sailors would resent the British soldiers who had come to enforce England’s Navigation Acts. These acts, with their limitations on American trade, had created hard times for the sailors gathered in the pub. To make matters worse, British soldiers often took part-time jobs to supplement their military pay at wages that undercut local workers and worsened the tight job market. When the soldier entered the pub that afternoon, he faced a hostile crowd. The patrons chased him out into the street with insults and angry exclamations about the kind of work he could do, one sailor suggesting the soldier might clean his outhouse.
Oliver Wendell
Authors: White G Edward
Published: November 2023

Known as the "Great Dissenter," Oliver Wendell Holmes, Jr. wrote some of the most eloquent opinions in the history of the United States Supreme Court. A brilliant legal mind who served on the high court into his nineties, Holmes was responsible for some of the most important judicial opinions of the twentieth century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual. The book first sketches Holmes's early years--his childhood in Boston, his undergraduate years at Harvard (which his father and both grandfathers also attended), and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech. These decisions--as well as The Common Law--are highly regarded to this day. A new volume in the Lives and Legacy series, this marvelous short biography offers an ideal introduction to a towering figure in American law.
The Family Legacy
Authors: White G Edward
Published: November 2023

On the night of his ninetieth-birthday address, holmes invited a friend, Harold Laski, to listen to the broadcast at his home. The two had first met when Holmes was in his early seventies and Laski in his late twenties. Laski was a native of England and spent most of his career as a professor oflaw and government in British universities, but he corresponded very frequently with Holmes, and the two men valued each other’s friendship. In 1948, thirteen years after Holmes’s death, Laski told a story about the night he had listened to Holmes’s birthday address. “When the engineer had taken the radio apparatus away,” Laski said, Holmes returned to his favorite armchair by the fire.
Whitman and Church: Transcendent Optimism and the Democratic Self
Authors: Novak Barbara
Published: November 2023

The chief circumstance which has favored the establishment and the maintenance of a democratic republic in the United States is the nature of the territory that the Americans inhabit. Their ancestors gave them the love of equality and of freedom, but God himself gave them the means of remaining equal and free, by placing them upon a boundless continent. In the United States not only is legislation democratic, but Nature herself favors the cause of the people. The paradox of democratic idealism has been called insoluble, but that is only if one tries to open the knot and dissolve the contradiction. It is not so much a question of solving a paradox as of tolerating it. Or, as Whitman and Church have proved, of transcending it. But to speak in this instance of transcendence, and specifically of the transcendent national optimism—a complex sublimation involving idealism, denial, inspired obtuseness, a forward impetus, and a selective reading of the past—is to enter dangerous territory.
The Ratification Referendum
Authors: Levinson Sanford
Published: November 2023

The U.S. Constitution is radically defective in a number of important ways. Unfortunately, changing the Constitution is extremely difficult, for both political and constitutional reasons. But the difficulty of the task does not make it any less important that we first become aware of the magnitude of the deficiencies in the current Constitution and then turn our minds, as a community of concerned citizens, to figuring out potential solutions. This book is organized around the conceit that Americans in 2008 will have the opportunity to vote on the following proposal: “Shall Congress call a constitutional convention empowered to consider the adequacy of the Constitution and, if thought necessary, to draft a new constitution that, upon completion, will be submitted to the electorate for its approval or disapproval by majority vote? Unless and until a new constitution gains popular approval, the current Constitution will continue in place.”
Implementation of the European Takeover Directive in Belgium
Authors: Hooghten Paul Van
Published: November 2023

In Belgium, public takeovers and changes of control are regulated by the law of April 1, 2007, on public takeover bids, the Royal Decree of April 27, 2007, on public takeover bids and the Royal Decree of April 27, 2007, on public squeeze-out bids. The aforementioned Law and royal decrees entered into effect on September 1, 2007, and implement the Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids.
Implementation of the European Takeover Directive in Denmark
Authors: Møgelmose Henrik , Kromann Moalem David , Deloitte Deloitte
Published: November 2023

The implementation of Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004, on takeover bids (the Takeover Directive or the Directive) in Denmark took place in two steps. The Directive was implemented in part by making amendments to the Danish Public Companies Act (aktieselskabsloven), the Danish Financial Statements Act (årsregnskabsloven) and the Danish Securities Trading Act (værdipapirhandelsloven), by Act no. 604 of June 24, 2005 and by the Danish Financial Supervisory Authority’s (FSA) issuance of an amended Executive Order on Takeover Bids no. 618 of June 23, 2005. About a year later, the Directive was finally implemented by issuing an amended Executive Order on Takeover Bids no. 416 of May 8, 2006, which included the remaining provisions of the Directive. Since the implementation, the Danish takeover regulation has been amended and the current regulation may now be found in the Danish Public Companies Act (consolidated Act no. 649 of 2006), the Danish Financial Statements Act (consolidated Act no. 376 of 2008), the Danish Securities Trading Act (consolidated Act no. 848 of 2008) and the Executive Order on Takeover bids (Executive Order no. 947 of 2008).
Implementation of the European Takeover Directive in Finland
Authors: Ilmonen Klaus
Published: November 2023

Finland implemented Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004 on takeover bids (the Takeover Directive or the Directive) as follows: The main legislative changes on public bids were completely revised in connection with implementing the Directive. Key provisions include:Mandatory bid thresholds at 30 percent and 50 percent of votes Board obligated to publish statement related to bids Regulation on pricing amended Takeover panel establishedThe general principles of Finnish company law generally satisfy the underlying principles of Article 9. The opt-out of Article 11 is accepted.
Implementation of the European Takeover Directive in Malta
Authors: Muscat Andrew
Published: November 2023

In Malta, public takeovers and changes of control are regulated by the Listing Rules issued by the Listing Authority of the Malta Financial Services Authority. The Listing Rules implement the Takeover Bids Directive 2004/25/EC (the “Directive”) and the relevant provisions came into effect in June 2006.
What Is Angel Investing and Why Do People Do It?
Authors: Shane Scott A
Published: November 2023

Whether you’re interested in becoming a business angel yourself or you’re trying to raise money from one, or you’re a policy maker seeking to enhance angel activity in your region, or you’re just someone interested in learning more about the topic, one of the ﬁrst things that you’re going to need to ﬁgure out is “what is angel investing?” You might think this is an easy question to answer. After all, how could people have possibly written all the books and articles and provided all the statistics out there about angel investing without deﬁning the topic?
How Well Do Angel Investments Perform?
Authors: Shane Scott A
Published: November 2023

Everyone wants to know how well the typical angel investment performs. Current angels want to benchmark their counterparts. Prospective angels want to decide whether or not to make angel investments. Entrepreneurs want to gauge what angel investors are looking for in their investments. And policy makers want to set policies toward angel investing. So how does the average angel investment perform? The impression that you get from reading the typical magazine or newspaper article is that angels do quite well. But that’s because most authors focus on the extremely rare, blockbuster successes like the angel investment in Google and imply that the typical angel investment does almost as well.
Head Pain Anatomy and Physiology
Authors: Levin Morris
Published: November 2023

Virtually all tissues of the head, face, and neck are pain-sensitive, with only a few exceptions (Table 1–1). Pain sensation from the front of the head and face, as well as the anterior skull contents, is mostly carried by the trigeminal nerve. Pain from the posterior scalp and more posterior and inferior intracranial structures is carried by the upper cervical roots C2 and C3 (see Table 1–2 for innervation of specific regions and Fig. 1–1 for dermatomes of the head). In this chapter, pain-sensitive structures and their innervation will be described, followed by a discussion of pain physiology as it relates to headache pain.
Antiepileptic Drugs and Hematological Disorders
Authors: Asadi-Pooya Ali A , Sperling Michael R
Published: November 2023

The magnitude of the problem is illustrated by the fact that at least one hematological abnormality was noted in 33% of patients taking valproate in one study (May and Sunder, 1993) and transient leukopenia has been reported in 12% (2–60%) of patients taking carbamazepine (Asadi-Pooya and Ghetmiri, 2006). Phenytoin produces similar rates of leukopenia as well. These abnormalities are usually inconsequential, but as noted, serious life-threatening illnesses may be provoked by AED therapy. Fortunately, potentially fatal hematological disorders are rare; for example, aplastic anemia has an incidence of only a few cases per million per year.
Your Values
Authors: Landier Augustin , Nair Vinay B
Published: November 2023

Which issues are likely to bloom into sustainable ones and which ones will fade away? This chapter will give you a sense of what issues are feasible for an SRI portfolio. As you ponder the concerns you wish to express as an investor, your own personal set of issues will emerge. Some will be more important to you than others. With respect to some, you might be a yellow investor like Guy; with respect to others, you might be blue, like Kathy.
U. S. International Investment Agreements
Authors: Vandevelde Kenneth J
Published: November 2023

U.S. International Investment Agreements is the definitive interpretative guide to the United States’ bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. Providing an authoritative look at the development of the BIT program, treatment provisions, expropriation, and other provisions, Kenneth J. Vandevelde draws on his years of investment treaty and agreement expertise as both a former practitioner and a scholar. This unique and well-organized book analyzes the development of U.S. international investment agreement language and strategy within their historical context. It also explains the newest changes to the model negotiating text (US Model BIT 2004) and additional treaties.
Confidentiality and Transparency in Commercial and Investor-State International Arbitration
Authors: Born Gary B , Shenkman Ethan G
Published: November 2023

The related topics of “confidentiality” and “transparency” have provoked vigorous debates in recent investor-state commentary1 and arbitral awards. Proponents of “confidentiality,” typically drawing on parallels to experiences in international commercial arbitrations, cite confidentiality as a vital and constructive attribute of the arbitral process as applied to investor-state proceedings. On the other hand, proponents of “transparency” regard confidentiality as an ill, to be cured through broad rights of public access to investor-state arbitral proceedings.
To Give Or Not To Give Precedential Value To Investment Arbitration Awards?
Authors: Kessedjian Catherine
Published: November 2023

The future of international investment arbitration lies partly in the fi nding of a satisfactory answer to the very question posed in the title of this chapter. Unfortunately, the debate has been blurred by the fact that expressions such as “stare decisis,” “jurisprudence,” “precedent,” and “res judicata” are loaded concepts2 and, at best, could be used as shorthand to describe a potential preclusive effect given to a decision3 in subsequent proceedings without referring to any specifi c rule of any specifi c system. It is the role of this chapter to examine to what extent, if any, we should accept a precedent or res judicata rule in investment arbitration.
Protection Against Arbitrary Or Discriminatory Measures
Authors: Schreuer Christoph H
Published: November 2023

Clauses protecting investors from arbitrary or discriminatory measures are common in investment treaties. For instance, Article II(2)(b) of the Argentina-United States BIT provides in part that “[n]either Party shall in any way impair by arbitrary or discriminatory measures the management, operation, maintenance, use, enjoyment, acquisition, expansion, or disposal of investments.” The precise wording varies between “arbitrary or discriminatory”, “unjustified or discriminatory”, and “unreasonable or discriminatory.” Article 10(1) of the Energy Charter Treaty refers to “unreasonable or discriminatory measures.” There does not appear to be a relevant distinction between the terms “arbitrary”, “unjustified”, and “unreasonable” in this context. Rather, the terms seem to be used interchangeably.
Reflections on the Road Ahead: Living with Decentralization in Investment Treaty Arbitration
Authors: Brower Charles H
Published: November 2023

As many of the chapters in this volume point out, the past decade has witnessed dramatic growth in the number of bilateral investment treaties (BITs)1 and the number of investor-state arbitrations commenced under their authority. These developments have triggered a corresponding proliferation of awards. Hailed by some and criticized by others, including many of the contributors to this volume, the accumulating body of jurisprudence forces one to confront the truth: investment treaties have not created an organic system, but the unlikely marriage of two traditions that represent the pinnacle and the nadir of clarity and uniformity in international law. Under the circumstances, one must avoid three potential mistakes: (1) underestimating the conditions that favor heterogeneity of outcomes in similar or related disputes; (2) overestimating the feasibility of simple, top-down remedies for inconsistent decisions; and (3) exaggerating the degree of coherence required and attainable in the loose network of roughly 2500 BITs.
New Directions
Authors: Ribstein Larry E
Published: November 2023

This book has a theory and history of business forms from early partnerships through the modern uncorporation. This chapter builds on this foundation in considering where the corporation and uncorporation might be headed. We have focused on the major uncorporate forms: general and limited partnerships and limited liability companies. But there are many more where these came from, some of which we have touched on, including business or statutory trusts,645 limited liability partnerships (discussed in Chapter 7) and limited partnership associations and joint stock companies (discussed in Chapter 3).
Introduction
Authors: Brewer Susan A
Published: November 2023

On the first anniversary of the terrorist attacks of September 11, 2001, President George W. Bush launched a campaign to promote war against Iraq. “We will not allow any terrorist or tyrant to threaten civilization with weapons of mass murder,” he declared. The president’s prime-time speech was broadcast from Ellis Island where White House staffers had expertly staged the scene by illuminating the Statue of Liberty in the background. The previous day the attorney general raised the terror alert level to orange and the White House announced that Vice President Richard Cheney had spent the night at a “secure, undisclosed location.” Following the speech, the president’s top advisors appeared on television news shows to describe the immensity of the Iraqi threat. Secretary of Defense Donald Rumsfeld warned, “Imagine a September 11 with weapons of mass destruction.” Americans must go to war, announced officials, to secure their own safety, liberate the Iraqi people, and spread democracy in the Middle East.
War in Korea
Authors: Brewer Susan A
Published: November 2023

The Korean war was a limited war with far-reaching consequences. The U.S. government viewed North Korea’s invasion of South Korea in 1950 as part of a communist plot to achieve global domination. Acting on the belief that the Soviet Union ordered the attack, President Harry Truman sent U.S. forces to Korea to contain the spread of communism. Korea, he declared, had become “the front line in the struggle between freedom and tyranny.” Despite Truman’s clear public pronouncement of Korea’s significance, the president and his advisors feared that Korea wasn’t the real front line. They worried that the war there might be a distraction intended to draw the United States away from the real target in Europe or the Middle East. Therefore, wary of possible Soviet aggression elsewhere, it designated Korea a limited war. Meanwhile the U.S. government tripled the military budget; committed to supporting anticommunist forces in the Philippines, Vietnam, and Taiwan; and rearmed its recent enemies, West Germany and Japan. The United States geared up to fight a global Cold War.
Individuality and Mass Democracy
Authors: Zakaras Alex
Published: November 2023

Democracy, unlike any other form of government, demands that citizens take responsibility for their politics. And yet, over the past fifty years, observers of American democracy have worried that Americans are failing to do so. With occasional exceptions, voter turnout and civic engagement are declining, and the average citizen’s knowledge of public affairs is flimsy at best. Citizens’ political posture is mostly passive: they receive political propaganda designed by marketing professionals and consume staged political spectacles that are scarcely distinguishable from other forms of “reality” entertainment. The Rockwellian ideal of democracy-participatory, deliberative, egalitarian-that still captivates our imaginations is for the most part anachronistic. How should we respond to these worries? Alex Zakaras argues that we must develop an ideal of citizenship suitable for mass society. To do so, he turns to a pair of nineteenth-century philosophers--John Stuart Mill and Ralph Waldo Emerson--who were among the first to confront the specific challenge of making mass democracy work, and whose moral and political insights are deeply relevant to America today. He focuses especially on the idea of individuality, which lies at the very center of their theories of democracy. Individuality emphasizes each citizen’s personal complicity in the injustices committed by democratic officials, and calls on each of us to resist such complicity by speaking and acting against injustice. Individuality suggests that those of us who do no more than vote--who otherwise lead strictly private lives--are guilty of moral and civic negligence.
good lawyering and lawyering for the good: Lawyers’ Reflections on Mandatory Pro Bono in Law School
Authors: Granfield Robert , Veliz Philip
Published: November 2023

In the previous chapter, Adcock states that since the early 1990s several law schools have taken up the call to public service by expanding pro bono and public service opportunities for their students. The institutionalization of law school public service represents one of the most significant recent changes to have occurred in American legal education (Dolovich 2002; Adcock in this volume). Although there is some variation in the organizational structure and logistics of law school public service initiatives, it is hard to find anyone who opposes these programs, at least in principle (Rhode 2005). Yet despite these institutional developments, there has been little systematic study of how participants of mandatory pro bono programs assess the value of their experience. While there has been much speculation of the impact of pro bono experiences on law students and lawyers with regard to skill-building, personal transformations in perspectives on justice, engagement in pro bono work, and even political ideology (Davis 2004), there has been limited consideration of how individuals experience their pro bono work and what participants of such programs believe they derive from such experiences. Furthermore, there has been little attention to the meanings that pro bono has for individuals and the implications of such meanings for the formation of professional identity.
Pro Bono And Low Bono In The Solo And Small Law Firm Context
Authors: Levin Leslie C
Published: November 2023

Over the last 35 years, the organized bar increasingly has provided pro bono legal assistance to the more than 50 million people of limited means in the United States.1 Much attention has been devoted to the pro bono efforts of the largest law firms, which now contribute millions of hours of pro bono service annually to individuals and organizations that could not afford to hire lawyers (Raymond 2008). But the lawyers in the largest firms comprise only about 20 percent of the lawyers in private practice (American Bar Association (ABA) Standing Committee on Pro Bono and Public Service 2009:2). Lawyers in solo and small (2-to 5-lawyer) firms, who comprise more than 60 percent of all private practitioners (Carson 2004:8–9), contribute more time and in greater numbers to the pro bono legal representation of persons of limited means than any other group of lawyers (Heinz et al. 2005:131; Ruggiere & Carpanzano 2008:10, 13).
Between Profit And Principle The Private Public Interest Firm
Authors: Cummings Scott L , Southworth Ann
Published: November 2023

“Pro bono publico”—which means “for the public good”—is at once a narrow duty and a broad aspiration. The narrow duty is codified in Rule 6.1 of the American Bar Association’s Model Rules of Professional Conduct, which calls for “[e]very lawyer . to provide legal services to those unable to pay.” The broad aspiration envisions private legal practice as a vehicle for advancing the public good (Katzmann 1995)—a notion rooted in a core ideal of legal professionalism (Scheingold & Sarat 2004:11). Efforts to fuse private practice and the public good produce different approaches and ideologies across practice sites (Granfield 2007). Some of them reinforce the conventional definition of pro bono, whereas others assert a distinct public role for private lawyers. The recent literature on pro bono has focused primarily on the provision of pro bono services by big firms (Cummings 2004; see also Boutcher in this volume; Epstein 2002), where lawyers fulfill their professional duty by taking a break from billable work to provide free legal services to persons of limited means or to organizations that advocate for deserving causes (White 2000:140). This conception differs from the notion of public service associated with lawyers in solo and small-firm practice, who often view their acceptance of reduced fees from clients based on ability to pay as a means of promoting access to justice (Levin in this volume; see also Lochner 1975:442–448; Seron 1996:132).
Bar Politics And Pro Bono Definitions: The New York Experience
Authors: Feathers Cynthia
Published: November 2023

This book contains many chapters animated by illuminating scholarly analysis and insight, but this contribution is of a different type. It is based on my particular experience. For five years, from 2002 to 2007, I served as the Director of Pro Bono Affairs for the New York State Bar Association (“State Bar”). With 74,000 members, this is the nation’s largest voluntary state bar association. In my pro bono role, I worked on many access to justice initiatives with organizations and lawyers throughout the state, from large firms in Manhattan to small practices in upstate rural counties. During my tenure, the State Bar transformed its definition of pro bono to expand the kinds of service recognized. After that experience, I returned to a private practice devoted to appeals. I have done pro bono as set forth in the State Bar’s expanded definition, including appeals at no fee for persons of limited income and at a substantially reduced fee for nonprofits serving the needs of such persons. The philosophical and practical aspects of pro bono that I observed and experienced are the subject of this chapter.
Conflating The Good With The Public Good: An Essay
Authors: Schlegel1 John Henry
Published: November 2023

Essayer is French for “to try.” An essay, then, is a trial, an attempt to understand something—in this case an attempt better to understand the pro bono movement among the legal profession, and the movement’s supporters. The efforts of the lawyers and scholars promoting pro bono practice seem to me to be as well meaning as those of any group one might possibly discover. And yet, these efforts—now dating back at least 100 years—seem not to succeed (Rhode 2005). There are, I suppose, lots of reasons for the lack of success. This collection and the conference that gave birth to it have explored at least two of them—the structure of the legal profession and the structure of legal education. I wish briefly to explore a third: the absence of self-criticality in the standard presentation of one of the movement’s core concepts, the public interest. In the interest of full disclosure—probably an impossibility—the reader should know that my devotion to critique comes from my travels with Critical Legal Studies, and my devotion to reflexivity from my travels with Law and Society.
Defining the Problem
Authors: O’Reilly Prof. James T
Published: November 2023

We define the problem of corporate misconduct as actions by an organizational entity that violate one or more statutes. The problem is a function of the collision between legislated prohibitions on certain corporate decisions and the aggressive business operations that come near or cross that line of prohibitions. The social policy judgment that a particular act or series of acts is “misconduct” will vary with norms of the community, the accepted “culture” of business sectors, the ethical standards of players in that competitive market, and related factors.
Principles of Criminal Liability for Corporate Misconduct
Authors: Hanlon James Patrick
Published: November 2023

The concept of corporate criminal liability is relatively new. Under traditional concepts of English law, it was thought that a corporation could not commit a crime because it is an artificial entity. Rather, only human beings who were capable of acting with an evil mind, i.e., criminal intent, were capable of committing a crime.
Individual Criminal Liability Related to the Corporation
Authors: Hanlon James Patrick
Published: November 2023

Penalties imposed in prosecutions involving corporate misconduct can be severe. In two recent cases involving the former president of Impath, Inc., Richard Adelson, and the former CEO of General Reinsurance Corp., Ronald Ferguson, the recommended sentences under the U.S. Sentencing Guidelines were imprisonment for life. The development of corporate criminal liability has not altered the fundamental notion that individuals should be held accountable for criminal conduct. In other words, a criminal charge against the corporation is not a substitute for criminal charges against culpable individuals. The concept of individual accountability and responsibility for wrongdoing is reflected in U.S. Department of Justice (DOJ) policy that emphasizes the importance of charging culpable individuals even when a corporation has beencharged.
Deferred Prosecution and Non-Prosecution Agreements
Authors: Hall Ralph F
Published: November 2023

Criminal trials expose all parties to high risks and high costs, particularly in trials involving allegations of serious criminal corporate misconduct. The risks to the corporation are obvious. A guilty verdict can trigger substantial fines and penalties. The company’s reputation and customer loyalty can suffer affecting stock price, employee morale, and even recruiting. Trials often lead to potentially deadly collateral effects. A liability finding against a health care provider, pharmaceutical company, accounting firm, or law firm can destroy the company by denying it the right to practice in its field.
Understanding and Complying with Compliance Agreements
Authors: Hall Ralph F
Published: November 2023

A substantial number of compliance agreements, including Deferred Prosecution Agreements (DPAs), Non prosecution Agreements (NPAs), consent decrees, and administrative agreements such as Corporate Integrity Agreements (CIAs) with the Office of Inspector General within the U.S. Department of Health and Human Services (HHS), have forward-looking compliance-related provisions and obligations. These provisions generally mandate enhanced compliance systems and processes, seek to make compliance an integral part of the company operations, and attempt to drive positive culture changes
Remedies of Disgorgement and Restitution
Authors: Hall Ralph F
Published: November 2023

While some argue that the way to a man’s heart is through his stomach, the way to a corporation’s heart may well be through its wallet. Because one cannot jail the corporate entity, monetary sanctions are often used to address corporate misconduct.
Qui Tam Relator Suits and False Claims Act Proceedings
Authors: Jackson Steven L , Lewis Erin Reilly
Published: November 2023

This chapter examines the False Claims Act (FCA, or the Act), which is another source of potential liability for corporate misconduct. The FCA is a unique federal statute designed to combat fraud against the federal government through severe civil penalties. Congress originally enacted the FCA in the 1800s, and it has fallen in and out of favor over the years. The FCA is currently in favor.
National Handwriting Day
Authors: Baron Dennis
Published: November 2023

Those who embrace new technologies of communication may do so gladly and never look back. But for many of today’s writers, digital technologies exist alongside the older pencil and paper varieties. Even so, the importance of hand- writing, the product of pen and pencil, seems to have declined significantly, to the point where schools debate whether to take children straight to keyboard- ing once they learn to print their letters and skip those tedious penmanship les- sons of the past. But handwriting hasn’t yet become a lost art, and it still inspires some reverence in our culture. The pencil and pen industry would like to capi- talize on that by setting aside a special day to celebrate the art of handwriting.
Writing on Clay
Authors: Baron Dennis
Published: November 2023

I grew up writing by hand. Most of the students in the classes I teach used pencils and pens at first, as I did, but many of them came of age in the digital age, and with a keyboard in hand, they’re ready to write. Even those who didn’t start using a computer until high school have become so used to the technology that they don’t bother looking at the manuals when they get new hardware or a new program. They just press the switch, click an icon, and start working. When asked whether computers or traditional writing instru- ments seem to provide a more direct connection between brain and page, more of them pick the keyboard than the pencil.

It’s not surprising that those of us who grew up with ink-stained fingers think of computers as harder to master than ballpoints. Nor am I surprised that, when I ask my students to write on clay tablets, they find the ancient technology unnecessarily complex and cumbersome, and they feel relieved when they’re allowed to go back to their writing tool of choice, the keyboard.
Trusting the Text
Authors: Baron Dennis
Published: November 2023

Readers have questioned the validity of written documents since the technology of writing first came on the scene. Compounding this skepticism, texts generated by new technologies are often greeted with mistrust by readers preferring the old, tried-and-true to the newfangled, unconventional, and potentially fraudulent. In an attempt to counteract suspicion, new technologies may mimic the look of older ones in order to gain readers’ trust. Sometimes this works: the first printed books resembled illuminated manuscripts, a look that worked in part because their illustrations weren’t printed, but added by hand; not by the printers, but by artists skilled at manuscript decoration.
The Dark Side of the Web
Authors: Baron Dennis
Published: November 2023

Wikipedia and sites like it hope to achieve accuracy by depending on the kindness of strangers willing to locate and correct error. In this they are very much like free speech advocates who argue that the best way to counter lies and propaganda is not to suppress them, but to expose them to the light, test them, and, if necessary, argue strongly against them. Unfortunately, not all lies manage to get corrected, and not all the bad things on the web fade when they’re exposed to the light: in some cases, the web’s dark side seems still to be getting darker.
Central American Refugee Testimonies and Performed Life Histories in the Sanctuary Movement
Authors: Westerman William
Published: November 2023

December 1987. We are standing in the Cathedral of San Salvador, El Salvador, tape recorders in hand. There are around two hundred people occupying the Cathedral, just dispersed with tear gas and rubber hoses from the National Ministry of Justice. Young men are taking off their shirts to allow witnesses to photograph the red welts on their backs from the beatings. Scattered among the people in the church, at the doors, in the pews, and before us, dressed in black, their heads covered by white scarves, are the women of COMADRES, the Committee of Mothers and Relatives of Political Prisoners, Dis appeared, and Assassinated of El Salvador. They are standing on the front steps of the Cathedral with banners and megaphones, telling all of San Salvador of the injustices they have witnessed. They are blocking the doors, making sure only those who bring no harm can enter. Who are you, they ask us. A North American delegation. Come on in.
Gender Differences in Memories for Speech
Authors: Ely Richard , Mccabe Allyssa
Published: November 2023

Narratives are an important way of understanding the world, particularly the world of the past. Narratives shape our view of our surroundings and our sense of who we are and where we come from. I Thus differences in narrative styles that are associated with specific groups or cultures may reflect differences in how such groups or cultures view themselves, their communities, and their past. In this chapter, we will focus on a particular feature of narratives that we have found to be associated with gender. In a number of studies of white working- and middle-class children and adults from a variety of sites in North America, we have found that females use far more reported speech or dialogue than do males in their personal narratives. In telling stories about events of varying degrees of significance, women (who were mothers in all our studies) and girls commonly include what someone once said.
Women And Penal Theory
Authors: Zedner Lucia
Published: November 2023

This central section examines how the perceptions and explanations of female criminality described in the previous two chapters influenced penal responses to women who broke the law. We begin in this chapter by looking at existing histories of the prison, at developments in penal thinking and policy over the nineteenth century, and at how ideas about the appropriate treatment of women were fitted into wider programmes of prison reform. The following two chapters will go on to examine the two main tiers of penal provision: local prisons and national convict prisons.
Female Convict Prisons 1852-1898
Authors: Zedner Lucia
Published: November 2023

As we noted at the beginning of the previous chapter, almost all those sentenced to custody in the second half of the nineteenth century went to local prisons. Only those found guilty of more serious crimes were subjected to penal servitude (long-term confinement with hard labour) in convict prisons. These longterm prisoners, or ‘convicts’ as they were generally called, made up only 2 per cent of those committed to prison. Short sentences in local gaols or houses of correction were, therefore, the ‘typical’ prison experience of female criminals. However, it was the far more contentious problem of how to provide for serious offenders sentenced to long terms that perplexed and engrossed contemporary policy makers and administrators. Since terms of penal servitude were set at a minimum of five years (later reduced to three), the proportion of women held in convict prisons at any one time was greater than figures for commitments alone would suggest. The implications of holding prisoners for five or even ten years necessarily meant that convict prisons were very different from local prisons (where as we have seen most prisoners were sentenced only to a few weeks or months). The basic components looked alike: both had their cells, workrooms, chapel, school, and nursery, both confined and regulated the lives of their inmates. However, the very purposes and priorities, as well as the experiences of staff and inmates, of the two tiers of the prison system were otherwise very different.
The Years 1889-1951 in Retrospect
Authors: Clegg Hugh Armstrong
Published: November 2023

British unions grew very substantially in membership over the years 1889 to 1951, but their growth was by no means continuous. By and large there were two periods of growth: 1889-1920 and 1934-51, separated by a period of marked decline from 1921 to 1933. From an estimated 750,000 members in 1888 the total rose to over 8 million by 1920, and then fell back to 4.35 million by 1933. Growth then resumed, and by 1951 membership had reached 9.29 million. There were also relatively small deviations from these general trends. Membership fell in 1893-5, 1901-4, and 1907-9; rose in 1923-4 and 1928-g; and fell again in 1945, 1949, and 1950; but all these deviations from the general trends were marginal.
Editorial
Authors: Spatz Nancy
Published: November 2023

It is a pleasure to be returning to History of Universities, and an honour to be doing so as Editor. In the thirteen years since its foundation by Charles Schmitt the journal has gone from precarious beginnings, through re-establishment with Oxford University Press, to steady expansion and extension of range. The pioneering work of Charles Schmitt, and the consolidation and professionalism of Laurence Brockliss, the journal’s second Editor, and Mark Curthoys, his Assistant Editor, not to mention the ceaseless biblio-graphical work of John Fletcher, have combined to create a lively and scholarly forum for debate which is also a comprehensive record of activities in university history. Theirs will be a daunting act for me and the new Assistant Editor, Negley Harte, to follow.
Foreign Study in a Time of War: English Scholars at Paris, 1325-1345
Authors: Courtenay William J
Published: November 2023

It is well known that the presence of English students at Paris declined or was eclipsed with the outbreak of war between France and England in 1337. Paris had been a favoured place of study for English scholars since the twelfth century. And despite the growing separation between England and France in the twelfth and thirteenth centuries, the French-speaking culture of the English elite and the prestige of the schools of northern France, especially Paris, continued to draw English students to Paris from John of Salisbury, through Adam of Balsham (Parvipontanus) and Stephen Langton, to Robert Kilwardby, Roger Bacon, John Pecham, and John Duns Scotus. The magnetic force of Paris was so great in the twelfth and thirteenth centuries that it has been credited with slowing the development of Oxford and Cambridge as comparable universities until the fourteenth century.