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The Sarbanes-Oxley Act: A Bird\u27s-Eye View
Get PDFIt is the goal of this article to provide a brief reference to the multitude of changes in the law wrought by SOX. The author\u27s hope is that this will be of use to students, scholars, and practitioners seeking an overview of the extensive changes resulting from this legislation. The discussion is broader than it is deep; indeed, a work attempting to examine SOX in depth would soon become a treatise and not just an article. The remainder of this article, then, will seek to provide a big-picture view of SOX: Part II of this article will address SOX regulation of professionals, including accountants, lawyers, and securities analysts. Part III will address SOX\u27s attempts to enhance corporate disclosure. Part IV will examine SOX\u27s efforts to reform corporate governance. Part V will examine SOX\u27s provisions dealing with enforcement of the law. Finally, Part VI will provide a brief conclusion
Using an “Incidents of Marriage” Analysis When Considering Interstate Recognition of Same-Sex Couples’ Marriages, Civil Unions, and Domestic Partnerships
Get PDFDespite discussions for over ten years, we still do not have any decisions on interstate or international recognition of marriages by same-sex couples. We do have, however, six cases in the United States on the interstate recognition and validation of Vermont civil unions. In these six cases, same-sex couples from six different states who had entered into Vermont civil unions came to their courts seeking resolution of legal issues that arose in their relationships. The rest of this article now turns to these six decisions and considers how each court dealt with the same-sex couple seeking legal assistance with the problems that had arisen for them. I review each case and consider whether each court could have recognized the civil union for the particular incident of marriage at issue in the case. I also consider whether using that analysis and prior precedent in each state should have led each court to recognize the civil union for, at least the limited purpose raised in the lawsuit
It\u27s the Antigen Stupid
No full textThe Orphan Drug Act of 1983 is an attempt at solving an important problem: how to induce a market-driven pharmaceutical industry to develop new therapeutics for diseases affecting relatively small numbers of persons. In the case of protein therapeutics produced by biotechnology, the FDA’s administration of the Act has repeatedly led to litigation and controversy. The principal and recurrent problem has been determining when a second applicant for the approval of a drug to treat an orphan disease (or “indication”) is seeking approval for the “same” drug as a previously approved orphan drug. The problem is how to provide sufficient protection for pioneering orphan drugs to stimulate the development of new drugs for smaller patient populations, while not so broadly protecting orphan drugs as to preclude additional therapeutics that make new contributions to the treatment of those diseases. In the context of antibody therapeutics, that problem is somewhat different than for other protein therapeutics. For antibodies, it is the antigen that will primarily determine the antibody’s efficacy, and it is the proof that an antigen is clinically useful in the treatment of a disease that provides the biggest risk in antibody development. The approach to orphan drug exclusivity recommended here is that the FDA presume antibodies to the same antigen, of the same immunoglobin class and with the same mechanism of action to be the same drug unless the second antibody is shown to be clinically superior to the first
Defining Terms in the 1982 Law of the Sea Convention III: The International Hydrographic Organization ECDIS Glossary
Get PDFThe Battle of Piracy versus Privacy: How the Recording Industry Association of America (RIAA) Is Using the Digital Millennium Copyright Act (DMCA) As Its Weapon Against Internet Users\u27 Privacy Rights
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Exceeding Our Boundaries: Transnational Employment Law Practice and the Export of American Lawyering Styles to the Global Worksite
Get PDFUntil very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients\u27 employment law projects across multiple national jurisdictions. While the world\u27s legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of employment practitioners creates the opportunity for the transfer across borders of ideas about how workplace law and legal practice should operate. That possibility is explored by describing the results of an ethnographic study of how one U.S. law firm is building its international employment law practice, and how the foreign lawyers it encounters react to the firm\u27s distinctly American style of employment lawyering. The study of 23 lawyers practicing in 14 different countries reveals that our understanding of employment law and lawyering as firmly rooted to its domestic borders is in subtle but significant ways beginning to change. In fact, an incipient form of global practice already appears to exist. If commonalities in lawyering style, and perhaps a few substantive areas like employment discrimination law, ultimately emerge, the intriguing and obviously as yet unanswerable question is whether and how those changes may in turn affect the functioning and efficacy of employment law regimes outside U.S. borders