Lost in Transition: The Implications of Social Capital for Higher Education Access

The dearth of college counseling in the nation’s public schools derails many students as they transition between high school and college. Compared to their more privileged peers with similar academic qualifications, low-income, minority, first-generation, and other vulnerable students are less likely to attend college. When these vulnerable students pursue higher education, they are more likely to attend vocational schools, community colleges, for-profit universities, and less selective four-year colleges. This phenomenon highlights a sorting process in the act of choosing among higher education options that further perpetuates socio-economic inequality and limits the nation’s global competitiveness. Read more

Class Dismissed: Rethinking Socio-Economic Status and Higher Education Attainment

Keeping higher education affordable and accessible for many Americans is an integral part of furthering the public good. Although legal scholars have given considerable attention to K-12 educational disparities as well as the constitutionality and fairness of admissions practices at selective higher education institutions, they have ignored significant barriers that limit higher education attainment for many low socio-economic status (SES) students.  Read more.

For-Profits and the Market Paradox

On November 7, 2012, the day following the re-election of President Barack Obama, the stocks of publicly traded For-Profit Colleges & Universities (“FPCUs”) plummeted 1.6% to 12%.2 Several of the largest publicly traded FPCUs announced layoffs, school closings, and other operational decisions.  Read more.

Muted Deterrence: The Enhanced Attribution of Tort Liability to US Higher Education Institutions for Student Safety

The traditional romanticised vision of a university is one where young students study, socialise, and live in a bucolic or sophisticated urban setting. University brochures, websites, and other advertisements, aimed at enticing aspiring students, contribute to this tranquil image. Yet recent events in the United States, such as the Virginia Tech shooting and the Penn State sexual assault cover-up, serve as a sobering reminder for universities, courts, regulators, and the public concerning an important truth: colleges can be very dangerous places.  Read more.

Business Law

Delaware’s Global Threat

This article theorizes the under-examined long-term threat to Delaware’s dominance: global competition. In a competitive global business environment, multinational firms and investors have more alternatives when considering where to entrust their investments, raise capital, and adjudicate their disputes. Delaware’s dominance as a site of incorporation and corporate litigation is one of the most debated topics among corporate law scholars. Traditional accounts of Delaware’s dominance overwhelmingly focus on, and at times overstate, potential domestic threats such as interstate competition and federal preemption. Read more

The Under-Examination of In-House Counsel

The emergence of in-house counsel is one of the most significant shifts in the legal profession over the last past half century. Traditionally, in-house counsel were stereotyped as inferior legal service providers. They were unfairly viewed as lawyers “who had not quite made the grade as partner” at the corporation’s principal law firm. Today, a broader conception of in-house legal departments prevails, and the corporate legal department function has transformed the delivery of legal services. A growing number of corporations, facing increasing costs due to business and legal complexities, are deciding to “make versus buy” a greater proportion of their legal needs in lieu of procuring legal services from the wide array of outside law firms available in the marketplace. Read more.

The Corporate Immune System: Governance from the Inside Out

Recent corporate scandals and their role in the present economic crisis have helped illustrate the need to ensure greater corporate accountability. The collapse of Lehman Brothers, British Petroleum’s Deepwater Horizon disaster in the Gulf of Mexico, Toyota Motor Corporation’s massive product recalls, the spying scandal at News Corp., and short-termism at Countrywide Financial Corp. are demonstrative of contemporary corporate dysfunction. Read more.

Picking Friends from the Crowd: Amicus Participation as Political Symbolism

The modern process of amicus curiae participation is a form of political symbolism reflecting the Supreme Court’s irreconcilable role in American democracy as a quasi-representative policy-making institution. Specifically, this political symbolism reassures the public, particularly vulnerable groups, of the Court’s democratic character. Read more.

Branding the Small Wonder: Delaware’s Dominance and the Market for Corporate Law

In the world of brands, Ritz-Carlton reflects luxury, Volvo reflects safety, iPod reflects cool, and Delaware reflects “business friendly” among other key associations, such as judicial competence, apolitical decision making, flexibility, and understanding corporate complexity. The Delaware brand is to corporate law what Google is to search engines. Read more.

Corporate Reform as a Credence Service

With the recent meltdown of the U.S. economy, there is no shortage of blameworthy corporate directors and managers. But one cannot ignore another significant dimension of the current crisis: the crucial role of lawmakers and the need to reform the reformers. In a sense, corporate governance reform is like a service: corporate constituents (e.g., managers, shareholders, employees, and populist groups) function like consumers, and corporate lawmakers (e.g., federal government and the State of Delaware) function as monopoly suppliers of reform services.  Read more.

Innkeepers: A Unifying Theory of the In-House Counsel Role

The emergence of the in-house counsel role, or “innkeepers” in the terminology of this Article,’ is one of the most significant shifts in the legal profession over the past half century, and this development inevitably has implications for legal scholars, policymakers, and practitioners. Read more.