Hastings Law Journal最新文献_第7页

Lifting the 'Fog' of Internet Surveillance: How a Suppression Remedy Would Change Computer Crime Law 解除互联网监控的“迷雾”:压制补救措施将如何改变计算机犯罪法

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2003-01-30 DOI: 10.2139/SSRN.374282

Orin S. Kerr

引用次数: 10

Where involuntary commitment, civil liberties, and the right to mental health care collide: an overview of California's mental illness system. 非自愿承诺、公民自由和精神保健权利的冲突:加州精神疾病系统概述。

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2003-01-01

Meredith Karasch

引用次数: 0

Truth in Government: Beyond the Tax Expenditure Budget 政府的真相:超越税收支出预算

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2002-11-23 DOI: 10.2139/SSRN.350981

Julie Roin

{"title":"Truth in Government: Beyond the Tax Expenditure Budget","authors":"Julie Roin","doi":"10.2139/SSRN.350981","DOIUrl":"https://doi.org/10.2139/SSRN.350981","url":null,"abstract":"The tax expenditure budget recently has come under renewed attack. Some argue that its conceptual and implementational flaws justify discontinuing its publication. This paper points out the generality of these supposedly \"fatal\" flaws: all the sources of information we have about government spending suffer from problems similar if not identical to those identified in the tax expenditure budget. Take, for example, the absence of an agreed-upon baseline of a \"normal\" tax system against which to measure \"tax expenditures.\" A central theme of the paper is that the same baseline problem exists for several clear substitutes for tax expenditures, regulation and the non-enforcement of across-the-board rules. Even the seemingly obvious baseline of zero expenditures for determining the amount of cash subsidies can be challenged as incompletely theorized and misleading. The breadth and depth of the baseline and other problems identified in the tax expenditure budget throw into question the wisdom of excoriating it in particular. If improving the utility of information distributed about the direction and function of government is the desired end, the paper contends, one must focus on the interaction between the various information sources rather than the merits or demerits of any particular source of information. And once we do that, the argument continues, it becomes clear that the better path involves the publication of more, rather than less, information. In particular, the paper contends that it would be helpful to publish an admittedly flawed regulatory budget to serve as a companion to the tax expenditure budget.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2002-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68599871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 200

Should Directors Reduce Executive Pay 董事应该降低高管薪酬吗

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2002-11-22 DOI: 10.2139/SSRN.353560

Randall S. Thomas

{"title":"Should Directors Reduce Executive Pay","authors":"Randall S. Thomas","doi":"10.2139/SSRN.353560","DOIUrl":"https://doi.org/10.2139/SSRN.353560","url":null,"abstract":"This paper examines internal pay disparities in American public corporations and argues that wide gaps between the top and bottom of the pay scale can, in certain circumstances, directly and adversely affect firm value, that corporate boards should be informed about these effects, and that they should, in some cases, reduce internal pay differentials to address them. In support of this thesis, it analyzes numerous empirical studies that have shown that wide disparities in corporate pay scales can adversely affect firm value. These studies demonstrate that, at many types of organizations, as internal pay differentials grow, employees and lower level managers increasingly view themselves as being unfairly compensated in comparison to more highly paid top management. This perception adversely affects employee performance, productivity and willingness to work, and thereby reduces firm value. Directors' duty of care requires that they consider the spread between the high and low end of the corporate pay scale in setting firm compensation levels and act in the corporation's best interests to reduce it if necessary to maximize firm value. Moreover, mega-grants of stock options are primarily responsible for these growing pay differentials. Corporate directors are uninformed about the real costs and benefits of these huge awards. Mega-grants of stock options to corporate managers are unjustified if their uncertain benefits are exceeded by their costs. As virtually no research has shown that mega-grants of stock options' costs exceed their benefits, directors need to more carefully determine if these programs maximize firm value. Once again, directors' duty of care obligates them to be reasonably informed about the value of these plans as that constitutes material information about their firm.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2002-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68604364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Once More unto the Breach: The Inherent Liberalism of the Criminal Law and Liability for Attempting the Impossible 再一次违约:刑法的内在自由主义与不可能行为的责任

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2002-11-18 DOI: 10.2139/SSRN.349000

John Hasnas

{"title":"Once More unto the Breach: The Inherent Liberalism of the Criminal Law and Liability for Attempting the Impossible","authors":"John Hasnas","doi":"10.2139/SSRN.349000","DOIUrl":"https://doi.org/10.2139/SSRN.349000","url":null,"abstract":"This article provides a comprehensive re-analysis of one of the thorniest problems of criminal jurisprudence, when it is proper to convict a defendant who has attempted the impossible. I begin by demonstrating that, contrary to received academic and judicial opinion, the common law defense of impossibility to a charge of attempt is both well-grounded and perfectly intelligible, being capable of accurate expression in a single sentence. I then account for the confusion regarding the defense by showing how the early courts that applied it were saying one thing while doing another, and how commentators and subsequent judges became misled by focusing on what the courts said rather than what they did. After showing that the defense is intelligible, I then show that it is normatively justified as well. I do this in two steps. First, I demonstrate that there is a principled distinction between moral and criminal responsibility, that the arguments for the rejection of the impossibility defense rest on an improper conflation of the two, and that a correct understanding of the nature of criminal responsibility undermines the force of these arguments. Second, I show that there is an inherent liberal bias built into the Anglo-American criminal law that supplies a principled basis for retaining the defense. I conclude the article by proposing a definition for attempt that both encompasses the defense and grounds it on a firm theoretical basis.","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2002-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68598745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 15

Cloning, science and public policy. 克隆，科学和公共政策。

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2002-07-01

Deborah Ortiz

引用次数: 0

What's in a name? "Nuclear transplantation" and the ethics of stem cell research. 名字里有什么?“核移植”与干细胞研究的伦理。

IF 0.5 4区社会学

Hastings Law Journal Pub Date : 2002-07-01

Margaret R McLean

引用次数: 0

Cloning and government regulation. 克隆和政府监管。