Emory Law Journal

Volume 61Issue 3

The Destructive Ambiguity of Federal Proxy Access

Jill E. Fisch | 61 Emory L.J. 435 (2012)

After almost seventy years of debate, on August 25, 2010, the U.S. Securities and Exchange Commission adopted a federal proxy access rule. The D.C. Circuit promptly invalidated the new rule before it ever went into effect. This Article examines the ill-fated rule and concludes that, although the D.C. Circuit did not identify its flaws, the rule was ambiguous in its application and unlikely to increase shareholder input into the composition of corporate boards.

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Crime, Punishment, and the Psychology of Self-Control

Rebecca Hollander-Blumoff | 61 Emory L.J. 501 (2012)

Criminal law, by design, assigns culpability for intentional, volitional action. Criminal law theory and criminal law doctrine thus both place an important emphasis on an individual’s ability to control his or her behavior.

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