Download or read book America s Tweak to the Loser Pays Rule written by Nithya Narayanan and published by . This book was released on 2015 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: In May 2014 the Delaware Supreme Court upheld a corporate by-law provision that shifts the cost of unsuccessful shareholder derivative suits to the plaintiff shareholders. But unlike the “loser pays” rule prevalent in the United Kingdom, whereby the losing party pays the litigation costs of the winner, the version upheld in Delaware is one-sided -- the plaintiffs are liable for legal costs if they lose, but do not recover legal costs if they win. Not surprisingly, more than 20 corporations have adopted similar bylaws since the May 2014 decision. In “America's Tweak to the Loser Pays Rule: A Board-Insulating Mechanism?” I explain the so-called “tweaked loser pays rule” and explore its ramifications.
Download or read book The English Experience with the English Rule written by Herbert M. Kritzer and published by . This book was released on 1992 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Download or read book Paying for Pollution written by Gilbert E. Metcalf and published by Academic. This book was released on 2019 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a carbon tax is the most efficient and fair way to address the major cause of climate change. It explains how a carbon tax reform can help low-income households. And it argues that carbon tax is market based policy that should be supported across the political spectrum.
Download or read book Consideration in Contract Law written by Mark Giancaspro and published by Edward Elgar Publishing. This book was released on 2024-09-06 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world.
Download or read book Inventing American Exceptionalism written by Amalia D. Kessler and published by Yale University Press. This book was released on 2017-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Download or read book Beating Obamacare 2014 written by Betsy McCaughey and published by Simon and Schuster. This book was released on 2014-01-20 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: What Obamacare disaster will hit next? The website launch was a fiasco, millions of Americans' insurance has already been cancelled, the exchanges are still not working, and the enrollment numbers are abysmal. Betsy McCaughey uncovers the next disasters Obamacare is about to spring on an unsuspecting public, and shows you how to protect yourself. Did you know? The government predicts that Obamacare will cause millions to lose the health plans they get at work You can avoid the penalty for not having insurance Even children are subject to penalties for being uninsured The IRS official who targeted conservative groups has been promoted to top dog in charge of your health insurance The federal government recommends if you want medical privacy, pay cash Section 3000A of the health law awards bonus points to hospitals that spend the least per senior You should be careful about giving your address, tax information, and social security number to a "navigator." Most haven't been background checked, and even HHS Secretary Sebelius admits some could be felons Patient advocate Dr. Betsy McCaughey expertly dissects the 2,572-page health law, the thousands of pages of Obamacare regulations, and the cascade of “waivers” to the law in 2013, and lays out how all these will affect your family's health and finances, your relationship with your doctor, and even your tax bill—breaking it down into manageable chunks and explaining everything in plain English. Don't be blindsided by the myriad new rules, regulations, and taxes that are coming down the pike. Begin today to understand what the Obama health law means for you, and prepare for it.
Download or read book Mistrust Why Losing Faith in Institutions Provides the Tools to Transform Them written by Ethan Zuckerman and published by W. W. Norton & Company. This book was released on 2021-01-19 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of mistrust is provoking a crisis for representative democracy—solutions lie in the endless creativity of social movements. From the Tea Party to Occupy Wall Street, and from cryptocurrency advocates to the #MeToo movement, Americans and citizens of democracies worldwide are losing confidence in what we once called the system. This loss of faith has spread beyond government to infect a broad swath of institutions—the press, corporations, digital platforms—none of which seem capable of holding us together. The dominant theme of contemporary civic life is mistrust in institutions—governments, big business, the health care system, the press. How should we encourage participation in public life when neither elections nor protests feel like paths to change? Drawing on work by political scientists, legal theorists, and activists in the streets, Ethan Zuckerman offers a lens for understanding civic engagement that focuses on efficacy, the power of seeing the change you make in the world. Mistrust introduces a set of "levers"—law, markets, code, and norms—that all provide ways to move the world. Zuckerman helps readers understand what relationships they want to have with existing institutions—Do they want to hold them responsible and make them better? Overthrow them and replace them with something entirely new? While some contemporary leaders weaponize mistrust to gain power, activists can use their mistrust to fuel something else. Today, many people are passionate about making positive change in the world, but they feel like the "right" ways to make change are disempowering and useless. Zuckerman argues that while it may be reasonable to dispense with politics as usual, we must not give up on changing the world. Often the best way to make that change is not to pass laws—it’s to change minds. Mistrust is a guidebook for those looking for new ways to participate in civic life, as well as a fascinating explanation of how we’ve arrived at a moment where old ways of engagement are failing us.
Download or read book The Wall Street Journal written by and published by . This book was released on 2009 with total page 1626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Download or read book Beat the Crowd written by Kenneth L. Fisher and published by John Wiley & Sons. This book was released on 2015-03-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Train your brain to be a real contrarian and outsmart the crowd Beat the Crowd is the real contrarian’s guide to investing, with comprehensive explanations of how a true contrarian investor thinks and acts – and why it works more often than not. Bestselling author Ken Fisher breaks down the myths and cuts through the noise to present a clear, unvarnished view of timeless market realities, and the ways in which a contrarian approach to investing will outsmart the herd. In true Ken Fisher style, the book explains why the crowd often goes astray—and how you can stay on track. Contrarians understand how headlines really affect the market and which noise and fads they should tune out. Beat the Crowd is a primer to the contrarian strategy, teaching readers simple tricks to think differently and get it right more often than not. Discover the limits of forecasting and how far ahead you should look Learn why political controversy matter less the louder it gets Resurrect long-forgotten, timeless tricks and truths in markets Find out how the contrarian approach makes you right more often than wrong A successful investment strategy requires information, preparation, a little bit of brainpower, and a larger bit of luck. Pursuit of the mythical perfect strategy frequently lands folks in a cacophony of talking heads and twenty-four hour noise, but Beat the Crowd cuts through the mental clutter and collects the pristine pieces of actual value into a tactical approach based on going against the grain.
Download or read book Why Superman Doesn t Take Over The World written by J. Brian O’Roark and published by Oxford University Press. This book was released on 2019-01-17 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do heroes fight each other? Why do villains keep trying even though they almost never win? Why don't heroes simply take over the world? Economics and comics may seem to be a world apart. But in the hands of economics professor and comic book hero aficionado Brian O’Roark, the two form a powerful alliance. With brilliant deadpan enthusiasm he shows how the travails of superheroes can explain the building blocks of economics, and how economics explains the mysteries of superhero behavior. Spider-Man's existential doubts revolve around opportunity costs; Wonder Woman doesn't have a sidekick because she has a comparative advantage; game theory sheds light on the battle between Captain America and Iron Man; the Joker keeps committing crimes because of the Peltzman effect; and utility curves help us decide who is the greatest superhero of all. Why Superman Doesn't Take Over the World probes the motivations of our favorite heroes, and reveals that the characters in the comics may have powers we dont, but they are still beholden to the laws of economics.
Download or read book Probability For Dummies written by Deborah J. Rumsey and published by John Wiley & Sons. This book was released on 2018-05-25 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Packed with practical tips and techniques for solving probability problems Increase your chances of acing that probability exam -- or winning at the casino! Whether you're hitting the books for a probability or statistics course or hitting the tables at a casino, working out probabilities can be problematic. This book helps you even the odds. Using easy-to-understand explanations and examples, it demystifies probability -- and even offers savvy tips to boost your chances of gambling success! Discover how to * Conquer combinations and permutations * Understand probability models from binomial to exponential * Make good decisions using probability * Play the odds in poker, roulette, and other games
Download or read book Implementing the Comprehensive Everglades Restoration Plan CERP written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 2004 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Video Privacy Protection Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Privacy, Technology and the Law and published by . This book was released on 2012 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Copyright Zone written by Edward C. Greenberg and published by CRC Press. This book was released on 2015-02-11 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you license or publish images, this guide is as indispensable as your camera. It provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property, copyright, and business concerns in an easy-to-read, accessible manner. The Copyright Zone, Second Edition covers: what is and isn’t copyrightable, copyright registration, fair use, model releases, contracts and invoices, pricing and negotiation, and much more. Presented in a fun and easy to digest style, Jack Reznicki and Ed Greenberg, LLC help explain the need-to-know facts of the confusing world of legal jargon and technicalities through real world case studies, personal asides, and the clear writing style that has made their blog Thecopyrightzone.com and monthly column by the same name in Photoshop User magazine two industry favorites. The second edition of this well-reviewed text has almost doubled in size to ensure that every legal issue you need to know about as a photographer or artist is covered and enjoyable to learn!
