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Chancery Court Applies Well-Worn Fiduciary Principles to Address Novel Issues Presented by SPAC Disclosure Litigation
Get PDFStillwater Appraisal: Delaware Supreme Court Affirms Chancery Court Reliance on Deal Price in Determining Fair Value
Get PDFPurchase Agreement\u27s Failure to Toll Running of Survival Period Dooms Indemnification Claims Despite Buyer\u27s Timely Claim Notice
Get PDFMFW\u27s Ab Initio Requirement Not Satisfied When Controlling Stockholder Negotiated with Minority Stockholder Before Acceding to [D]ual [P]rotections
Get PDFChancery Court Determines that Merger Partner Breached Efforts Covenants in Connection with [S]tar-[C]rossed Combination of Health Insurance Giants
Get PDFThere Most Certainly Was a \u27Tomorrow\u27 : Chancery Court Finds Revlon Review Not Triggered When Acquirer Stock Constituted 58% of Merger Consideration
Get PDFProtecting Research Data of Publicly Revealing Participants
Get PDFBiomedical researchers collect large amounts of personal data about individuals, which are frequently shared with repositories and an array of users. Typically, research data holders implement measures to protect participants’ identities and unique attributes from unauthorized disclosure. These measures, however, can be less effective if people disclose their participation in a research study, which they may do for many reasons. Even so, the people who provide these data for research often understandably expect that their privacy will be protected. We discuss the particular challenges posed by self-disclosure and identify various steps that researchers should take to protect data in these cases to protect both the individuals and the research enterprise
Originality\u27s Other Path
Get PDFDrawing on original archival research, this Article challenges the standard account of what originality doctrine is and what courts can do with it. It identifies Nelson\u27s forgotten copyright legacy: a still-growing line of cases that treats music differently, sometimes even more analogously to patentable inventions than to other authorial works. These decisions seem to function as a hidden enclave within originality\u27s larger domain, playing by rules that others couldn\u27t get away with. They form originality\u27s other path, much less trod than the familiar one but with a doctrinal story of its own to tell. Originality and nonobviousness\u27s parallel beginnings reveal a period of leaky boundaries between copyright and patent, when many of the Justices considered a rule for one to be just as good for the other. Their recurring intersections, meanwhile, muddy today\u27s conventional narrative about copyright\u27s historic commitment to protecting even the most modestly creative works
Judicial Temperament Explained
Get PDFWhy do we care about judicial temperament? The basic logic is that temperament is an underlying factor that produces behaviors, some desired and some not. The behaviors most often cited as evidence of a good temperament — displays of courtesy, patience, level-headedness, and caring — are desirable because they advance procedural justice. They make litigants, attorneys, and the public feel heard and understood, foster respect for the courts, and — when displayed to fellow judges — advance collegiality. In contrast, the behaviors most often cited as evidence of a poor temperament — outsized or misplaced anger displays, discourtesy, impatience, and callousness — foster feelings of alienation from and distrust of the courts, and create acrimony within them. One underlying principle, then, is that judicial temperament — whatever it is — is a causal force driving productive or destructive behaviors in the daily work of judging
A Regulatory Policy Strategy for Protecting Immigrant Workers
Get PDFImmigration has become a focal point of many political campaigns, most notably that of President Trump in 2016 and again in 2020. Populist rhetoric also decries immigrant workers for taking Americans\u27 jobs and depressing wages for U.S.-born workers. Yet immigrants serve a constructive role by working in some of the most dangerous occupations in the country. It is well-known that immigrant workers, particularly those from Mexico with limited English language skills, face a higher workplace fatality rate than native workers. Efforts to reverse this trend have long been the focus of the Occupational Safety and Health Administration (OSHA), which undertook numerous policy initiatives under the Bush and Obama Administrations to reduce immigrant fatalities in the workplace.
Using three different datasets, this Article empirically shows that, while job safety has improved for immigrant workers, more gains are required to reduce immigrant fatality rates to align with those of native workers. In reaching this result, we make several contributions to the literature. First, we use recent data from the Census of Fatal Occupational Injuries (CFOI) to show that immigrants, particularly those from Mexico, experienced higher fatality rates than native-born workers in 2003, 2007, and 2015. Second, we empirically demonstrate that a large group of recent immigrants to the United States, as reported in the New Immigrant Survey, either remain in high-risk jobs or increase their fatality risks over time. In doing so, we are the first researchers to exploit the longitudinal nature of the New Immigrant Survey to assess whether immigrant workers progressed into safer jobs between 2003 and 2007. Finally, we provide updated estimates of the Value of Statistical Life for immigrant workers using recent fatality data from the 2015 CFOI. Here, we show that unlike native-born workers, immigrant workers-especially those from Mexico-are not only in higher-risk jobs but also not compensated with hazard pay for workplace fatality risks.
In conjunction, these results show that, while OSHA\u27s outreach programs toward immigrants have served a constructive function, more can be done to communicate job risks to immigrant workers to help them progress into safer jobs. In particular, since immigrant workers who lack English proficiency suffer most in the labor market, we recommend that OSHA target its outreach programs toward providing safety materials in an immigrant worker\u27s native language to alert workers to the hazards that are present and to promote safety training that immigrant workers can understand. Additionally, we also suggest that OSHA conduct a benefit-cost analysis to assess alternative regulatory policies that mandate employers to provide safety and training materials in other languages, such as Spanish