BY BRIAN J. WOODRUFF It has been more than sixty years since Winston Churchill made the speech that has forever changed Europe. Churchill, speaking most directly to France and Germany, urged the continent of Europe to unite. He spoke to the creation of a “United States of Europe.” Churchill’s idea […]
Archive for May, 2012
Settled No More: An Administrative Agency May Overturn Prior Judicial Interpretation of a Statute within its Jurisdiction so long as the Statutory Language is Ambiguous
BY ZAHN The Supreme Court of the United States held that (1) If a statute is ambiguous, and the implementing agency’s construction is reasonable, Chevron requires federal courts to accept the agency’s interpretation, even if the agency’s interpretation differs from prior judicial construction of the statute; and (2) the FCC’s […]
Monopolistic Sleeper: How the Video Gaming Industry Awoke to Realize that Electronic Arts was Already in Charge
BY LIRON OFFIR Some industries are more attractive than others, they produce healthier numbers, higher profit margins, and even have there own fan base following. One industry in particular boasted an astonishing $7.3 billion dollars in sales last year alone, and is stated to have sold 248 million units. This […]
Understanding Maryland’s Business Judgment Rule
BY BERNARD S. SHARFMAN The “Business Judgment Rule” (“BJR”) is a common law stan- dard of judicial review. The BJR is applied by the courts to favor the actions of corporate managers. According to Henry Manne, a leading commentator on corporate law, the BJR protects from ju- dicial review “honest […]
A Catch-22 or a Catch-All?: Delaware and Texas Grasp for Certainty in Shareholder Ratification
BY KRYSTAL PFLUGER SCOTT In the wake of corporate calamities such as Enron and World Bank, a renewed interest in corporate law has arisen among legis- lators, judges, lawyers, and businesspeople. Specifically, in the post-Enron corporate environment, corporate management must understand their fiduciary duties to the corporation and the situa- […]
Statistical Analysis and Interpretation of Data Commonly Used in Employment Law Litigation
BY C. PAUL WAZZAN & KENNETH D. SULZER Employment law litigation, such as “wage and hour” misclassification class action lawsuits and “overtime” or “off the clock” lawsuits, has increased in frequency over the past few years as a result of many factors, including increased awareness by the Plaintiffs’ bar and […]
