Emory Law Journal

Volume 61Issue 3
Articles

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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Big Brother Gets A Makeover: Behavioral Targeting and the Third-Party Doctrine

Elspeth A. Brotherton | 61 Emory L.J. 555 (2012)

A staggering 239 million Americans have access to the Internet and spend, on average, sixty hours each month online, visiting some 2646 websites. What few Internet users realize is that, during the time they surf the Web, they are subjected to constant surveillance by potentially hundreds of different private companies.

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Rebalancing Legitimacy and Sovereignty in International Investment Agreements

Julia Hueckel | 61 Emory L.J. 601 (2012)

In investor–state arbitration, foreign investors can bring states before an arbitral tribunal and claim damages for losses incurred due to prohibited state action. This mechanism for dispute resolution is present in most international investment agreements and has experienced a surge of popularity in the last twenty years. However, increased use of investor–state arbitration has generated increased criticism. The sharpest criticism has come from the state parties themselves. Some question the system’s legitimacy, while others worry that it does too little to protect state sovereignty.

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