Albany law review最新文献_第4页

The Pregnant Child's Right to Self-Determination 孕妇的自决权

Albany law review Pub Date : 2013-09-05 DOI: 10.4324/9780203390290-12

Janet W. Steverson

引用次数: 1

'Groundbreaking' or Broken? An Analysis of SEC Cyber-Security Disclosure Guidance, Its Effectiveness, and Implications “开创性”还是“破碎”?美国证券交易委员会网络安全信息披露指南及其有效性与启示分析

Albany law review Pub Date : 2013-05-05 DOI: 10.2139/SSRN.2286905

Matthew F. Ferraro

{"title":"'Groundbreaking' or Broken? An Analysis of SEC Cyber-Security Disclosure Guidance, Its Effectiveness, and Implications","authors":"Matthew F. Ferraro","doi":"10.2139/SSRN.2286905","DOIUrl":"https://doi.org/10.2139/SSRN.2286905","url":null,"abstract":"In October 2011, the Securities and Exchange Commission (SEC) responded to mounting concern about the threat of cyber-attacks on corporate America by issuing staff guidance on when publicly traded companies should disclose information about cybersecurity vulnerabilities and attacks in their annual public filings. This SEC cybersecurity disclosure guidance has escaped serious analysis until now. Using case studies and paying particular attention to the comment letters sent by the SEC to registrants to prompt greater disclosure, this article concludes that the guidance both procedurally overreaches and substantively underachieves. It overreaches because, while it is facially a nonlegislative rule, it has had the practical effect of binding private conduct as if it were a legislative one, violating the Administrative Procedure Act. It underachieves because the disclosures it requires are vague, similar across industries and companies, and bring little information to the marketplace. In particular, it fails to resolve an information asymmetry problem — between corporate managers and stockholders — that the disclosure laws are meant to address. To resolve these defects, the SEC should elevate cybersecurity disclosure guidance and issue it as a legislative rule, after a notice and comment period. Notice and comment rulemaking would contribute to sounder policy by allowing stakeholders to offer their expertise and experience at the front-end of the rulemaking process, improving the rule and its acceptability among the public. This guidance offers a counterexample to those who say that agencies do not commonly use guidance documents to make important policy decisions outside of the notice and comment process. The experience with this guidance also suggests the limits of agency creativity during periods of political ossification, and it challenges the simple verity that economic security and national security have merged.","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"77 1","pages":"297"},"PeriodicalIF":0.0,"publicationDate":"2013-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68064380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 14

Avoiding contractual liability to baseball players who have used performance enhancing drugs: can we knock it out of the park? 避免对使用提高成绩药物的棒球运动员承担合同责任:我们能把它踢出球场吗?

Albany law review Pub Date : 2013-01-01

Bryan Gottlieb

引用次数: 0

A legal review of autism, a syndrome rapidly gaining wide attention within our society. 对自闭症的法律审查，一种在我们社会中迅速引起广泛关注的综合症。

Albany law review Pub Date : 2013-01-01

Jeffrey A Cohen, Thomas A Dickerson, Joanne Matthews Forbes

引用次数: 0

The FDA and the pharmaceutical industry: is regulation contributing to drug shortage? FDA和制药行业:监管导致药品短缺吗?

Albany law review Pub Date : 2013-01-01

Aubrey Roman

引用次数: 0

Contested Elections as Secret Weapon: Legislative Control over Judicial Decision-Making 作为秘密武器的竞争性选举:立法对司法决策的控制

Albany law review Pub Date : 2012-06-22 DOI: 10.2139/SSRN.2008449

Judy M. Cornett, M. Lyon

{"title":"Contested Elections as Secret Weapon: Legislative Control over Judicial Decision-Making","authors":"Judy M. Cornett, M. Lyon","doi":"10.2139/SSRN.2008449","DOIUrl":"https://doi.org/10.2139/SSRN.2008449","url":null,"abstract":"The current interbranch tensions in the federal government have been just as potent, if not more so, at the state level. Legislative challenges to state judiciaries are accumulating nationwide. In one state, Tennessee, the newly-elected Republican majority in the General Assembly has flexed its legislative muscle in several ways, ranging from the outright hostile – threatening the imposition of contested elections for the state’s appellate judges and a takeover of the body that governs judicial conduct – to the more sublime. A less-publicized, but no less significant, step that the legislature took in 2011 was to overrule a recent decision of the Tennessee Supreme Court, Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn. 2008), which had explicitly rejected the federal Celotex standard for burden-shifting on a motion for summary judgment. Hannan had simply reaffirmed a decade-old line of cases, but was characterized by the dissenting justice and, subsequently, by the defense bar, as a radical change in Tennessee law. Thus, it became a prime target of the business-oriented General Assembly. This article explores the role of summary judgment in the current showdown between the legislative and judicial branches in Tennessee. After briefly tracing the history of the Celotex standard in Tennessee, including the background underlying the Hannan decision, the article considers the constitutionality of the legislation in light of the explicit separation of powers provision in the Tennessee Constitution and cases interpreting it. It also examines whether the new law exceeds the General Assembly’s statutory rule-making powers. The article concludes by revisiting the larger context of the interbranch battle, most notably the legislature’s ongoing threat to institute contested judicial elections in lieu of the current “Tennessee Plan,” which calls for appointment by the Governor and “yes-no” retention elections rather than contested elections. Because the courts will eventually have to decide the constitutionality of the statute overruling Hannan, the threat of contested elections could be characterized as a weapon supporting the General Assembly’s move to usurp the judiciary’s traditional power to promulgate its own rules of practice and procedure.","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"75 1","pages":"2091"},"PeriodicalIF":0.0,"publicationDate":"2012-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67847775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Re-Examining New York’s Law of Personal Jurisdiction after Goodyear Dunlop Tires Operations, S.A. v. Brown and J. McIntyre Machinery, Ltd. v. Nicastro 固特异邓洛普轮胎公司诉布朗案和麦金太尔机械有限公司诉尼卡斯特罗案后对纽约属人管辖权法的重新审视

Albany law review Pub Date : 2012-06-20 DOI: 10.2139/SSRN.2088205

O. Chase, Lori Brooke Day

{"title":"Re-Examining New York’s Law of Personal Jurisdiction after Goodyear Dunlop Tires Operations, S.A. v. Brown and J. McIntyre Machinery, Ltd. v. Nicastro","authors":"O. Chase, Lori Brooke Day","doi":"10.2139/SSRN.2088205","DOIUrl":"https://doi.org/10.2139/SSRN.2088205","url":null,"abstract":"On June 27, 2011, the Supreme Court announced two decisions striking down state court rulings because they violated the constitutional limits governing the exercise of jurisdiction over foreign entities: Goodyear Dunlop Tires Operations, S.A. v. Brown, in which the Court held that North Carolina had contravened the rules cabining “general” jurisdiction, and J. McIntyre Machinery, Ltd. v. Nicastro, in which the same fate befell New Jersey’s attempt to rely on “specific” jurisdiction. The two cases are significant not only because they reversed the state courts but also because twenty-five years had passed since the Court had last decided a personal jurisdiction case, leaving contemporary state courts to interpret increasingly obsolete doctrine when dealing with relevant constitutional challenges. In the context of the present symposium we address the important question: How do — or should — these cases affect New York’s jurisdiction jurisprudence? In this Article we first describe the background cases that have informed the development of contemporary doctrines of personal jurisdiction. Second, we discuss the impact of Goodyear Dunlop, pointing out that a reasonable reading of the case would require some restriction of New York’s general jurisdiction over corporations. Third, we read the tea leaves left in the brew of the three different opinions — none of which commanded a majority — in Nicastro. We close with a Conclusion and some observations.","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"76 1","pages":"1009"},"PeriodicalIF":0.0,"publicationDate":"2012-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67906093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

After Exoneration: An Investigation of Stigma and Wrongfully Convicted Persons 免罪后:污名化与冤案调查

Albany law review Pub Date : 2012-03-14 DOI: 10.1037/e669802012-174

Òscar Molina, Adina M. Thompson, Lora M Levett

{"title":"After Exoneration: An Investigation of Stigma and Wrongfully Convicted Persons","authors":"Òscar Molina, Adina M. Thompson, Lora M Levett","doi":"10.1037/e669802012-174","DOIUrl":"https://doi.org/10.1037/e669802012-174","url":null,"abstract":"ABSTRACT (1) To date, the Innocence Project has worked to exonerate over 280 individuals who were wrongfully convicted. (2) As the population of exonerees grows, there is a need to examine the social consequences of wrongful conviction. Previous research has demonstrated that individuals who are paroled from prison are discriminated against and stigmatized, and this research has suggested that exonerees may be stigmatized in a similar manner. (3) Using correspondence bias as a theoretical framework, we examined this possibility through two separate studies. In Study One, participants read a newspaper article about either an exoneree or a guilty individual. (4) In Study Two, participants read a newspaper article about either an exoneree, guilty, or average individual. (5) We found that the guilty individual was generally stigmatized more than the exonerated. However, the exonerated were rated at or near the midpoint of the scale on some measures of stigma in Study One, indicating they may experience some stigma. In Study Two, we found the exonerated individual was stigmatized relative to the average individual on most measures of personal characteristics. However, the exonerated individual was not stigmatized on other measures relative to the average individual. The implications of these results, future directions for research, and policy recommendations are discussed below. I. AFTER EXONERATION: AN INVESTIGATION OF STIGMA AND WRONGFULLY CONVICTED PERSONS In 1989, Gary Dotson became the first person to be exonerated in the United States through the use of DNA evidence. (6) Dotson was incarcerated for more than a decade prior to his exoneration (7) and with his case, a new innocence movement was born. (8) In the years since Dotson's exoneration, DNA evidence has exonerated over 280 individuals of crimes they did not commit. (9) Seventeen of these exonerated individuals had been convicted of first-degree murder and were sentenced to death. (10) Others were exonerated of violent crimes such as rape and assault. (11) These exonerations may represent only a small proportion of all wrongful convictions, which some scholars have estimated to be in the tens of thousands. (12) Other scholars suggest that wrongful convictions occur in between one and fifteen percent of all cases. (13) To date, most research dealing with wrongful conviction has examined why these mistakes occur (14) and how to compensate those who have been wrongfully convicted. (15) Other research has investigated the psychological effects of wrongful conviction from the perspective of the exonerated, (16) but to date, only one study has examined the social consequences exonerees may experience as a result of their wrongful convictions by examining societal perceptions of the exonerated. (17) The present research expands the literature on the stigma of wrongful conviction by examining how people perceive exonerees after release. Using social psychological theory on attribution to inform our","PeriodicalId":79773,"journal":{"name":"Albany law review","volume":"75 1","pages":"1373"},"PeriodicalIF":0.0,"publicationDate":"2012-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57933312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 27

An insider's perspective: defense of the pharmaceutical industry's marketing practices. 内部人士的观点:为制药行业的营销行为辩护。

Albany law review Pub Date : 2012-01-01

Kanika Johar

引用次数: 0

Donation after cardiac death: respecting patient autonomy and guaranteeing donation with guidance from Oregon's Death with Dignity Act. 心脏死亡后的捐赠:尊重病人的自主权，并根据俄勒冈州的“尊严死亡法案”的指导保证捐赠。

Albany law review Pub Date : 2012-01-01

Chelsea Cerutti

引用次数: 0