Results for 'IF'
Forum: Making the Advice of Counsel Defense Available for Corporate Directors
to defraud. If the hospital refuses to waive its attorney-client privilege, as it has the absolute right to do, then the government cannot know whether
Forum: Rape-by-Deception—A Response
consent just as force does. In The Riddle of Rape-by-Deception, I try to bring this problem to the foreground. If we want to reject rape-by-deception
Forum: Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform
commerce power is somehow limited, it would be “difficult to perceive any limitation on federal power.” If Congress can regulate inactivity, Vinson declared
Forum: The New Electronic Discovery Rules: A Place for Employee Privacy?
if its employees delete relevant e-mails despite corporate counsel’s attempt to enforce a litigation-hold. Multiply these costs by the number of
Forum: Corruption: Greed, Culture, and the State
is mainly a problem of law enforcement. Bribes and other types of corrupt dealings are hard to observe and to prosecute if both sides gain from the
Forum: Sovereign Wealth Funds: Active or Passive Investors?
will be used as political tools justified? If political use of SWFs depends on their control of U.S. firms, the answer is almost certainly “no.” There
Forum: A Brief Defense of the Written Description Requirement
Thus, while enablement is a necessary prong of § 112, it is not the only prong. Even if the specification contains instructions sufficient to make and
The Limits of Enumeration
on. Defenders of federal statutes have always needed to answer the question, “If Congress can do that, what can’t Congress do, other than the things
Ex Ante Review of Leveraged Buyouts
associated with that debt increased. The existing creditors face a real loss if the LBO is a failure and the highly leveraged target does in fact go into
Forum: The Predominance Test: A Judicially Manageable Compactness Standard for Redistricting
cases, compactness standards are paper tigers that could roar, if only state courts could find a consistent way to apply them. This Essay does not add to