The 1991 Delaware court ruling involving Credit Lyonnais expanded the fiduciary duties of managers towards debtholders in the event that a firm is within the proximity of insolvency. Using a difference-in-differences approach that exploits this exogenous shock, we find that the 1991 ruling induced managers of Delaware firms ex ante to place a greater emphasis on investments that foster long-ter...

Should students have the right to exercise their ethical beliefs concerning animals by refusing to participate in class demonstrations or experiments that use animals? Should teachers be required to add an optional procedure for those students? In the past decade, two major trends in our society suggest that the answer to both questions is, or will ultimately be, yes. From amoral perspective th...

It has been clear since a seminal ECJ ruling in the 1970s that the European Community is attached to a model of automatic treaty incorporation whereby the full panoply of Community law enforcement tools are available for the enforcement of Community Agreements. In the decades since, a rich body of case law has emerged concerning this growing body of treaty law to which the Community has become ...

Consistent with the intent of the Code of Ethics for Pharmacists “to state publicly the principles that form the fundamental basis of the roles and responsibilities of pharmacists,” the American Society of Health-System Pharmacists issues this Statement on Pharmacist Decisionmaking on Assisted Suicide. The practice of providing competent patients with pharmaceutical means of ending their lives ...

"Race, today as much as ever, is the American dilemma." 1 Paying homage to Gunnar Myrdal 2 and recognizing nearly four centuries of American history, Professor Davison Douglas tellingly opens his book Reading, Writing and Race: The Desegregation of the Charlotte Schools (Reading, Writing and Race). 3 Professor Douglas comprehensively and perceptively assesses desegregation of the public schools...

The decision to request a preliminary injunction—a court order that bans a party from certain behavior until its lawfulness is ascertained in a final court ruling at trial—is an important litigation instrument in many areas of the law including antitrust, copyright, patents, trademarks, employment and labor relations as well as contracts. The process of filing for a preliminary injunction and t...

This is an extremely ambitious book, for in its relatively brief compass it undertakes to discuss three aspects of the Jeffersonian era: (1) the contest for control of the national judiciary, usually personified as a struggle of the titans, Thomas Jefferson and John Marshall; (2) the battle for reform of the judiciary at the state and local level; and (3) the meaning of Jeffersonian democracy a...

A nimosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but ...