This article considers whether an investment bank, when acting as underwriter of a public securities offering, owes the issuing company the fiduciary obligation to avoid conflicts of interest. The question has not arisen for final judicial determination and has been overlooked by scholars and...

There appears to be some consensus that there are three identifiable jurisprudential periods in American law. These are: the first formative period extending from the ratification of the Constitution to about the Civil War; a second formalist period extending from about the Civil War to between...

This article suggests that the response to the most recent Supreme Court of Canada decision concerning corporate governance, Peoples, and the Canadian corporate governance debate, as currently engaged, are operating on the false underlying assumption that the principle-agent, shareholder primacy...

This article collects in one place the results of previously published and unpublished surveys as they pertain to law firm research requirements of new hires. The article also summarizes results from the author's recent law firm legal research survey, which determined what research functions,...

This book chapter, which appears in John C. Dernbach, ed., AGENDA FOR A SUSTAINABLE AMERICA (Environmental Law Institute, 2009), assays the ways in which U.S. domestic laws that pertain to hazardous waste have or have not conformed to norms of sustainable development in the years since 2002....

In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most...

This essay explores the potential implications of the creation of a distinct quot;election periodquot; through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a relative newcomer to American law, but is a...

In 2000, Adam Dodek surveyed the terrain of Canadian legal ethics and his report was bleak. Few Canadian law schools were offering courses in the subject and the legal scholarship in the area was sparse. Until the 1990s, there was only a single book on Canadian legal ethics. In the 1990s,...

Since the 18th century, it has been generally admitted that international customary law is incorporated into the common law. This study traces the historical foundation of the doctrine of incorporation as applied by English and United States courts before discussing the relevant Canadian case...