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pro vyhledávání: '"D. Theodore Rave"'
Publikováno v:
SSRN Electronic Journal.
Publikováno v:
SSRN Electronic Journal.
Petitioner Ford Motor Company argues that specific personal jurisdiction “[r]equir[es] that the defendant’s contacts with the forum State have caused the plaintiff’s claims.” This has never been the law, nor should it be. While general jurisd
Autor:
D. Theodore Rave
This chapter examines the fiduciary nature of state authority. It begins with a historical background on how state authority has been conceived in fiduciary terms as far back as Plato, Cicero and Locke. It then surveys modern conceptions of the sover
Externí odkaz:
https://explore.openaire.eu/search/publication?articleId=doi_________::963c606405f50a717f893c1b7db5bb04
https://doi.org/10.1093/oxfordhb/9780190634100.013.17
https://doi.org/10.1093/oxfordhb/9780190634100.013.17
Autor:
D. Theodore Rave
Publikováno v:
SSRN Electronic Journal.
In Davis v. Bandemer, 478 U.S. 109 (1986), this Court held that political gerrymandering claims are justiciable. A majority of this Court reaffirmed that holding in Vieth v. Jubelirer, 541 U.S. 267 (2004). But in Vieth, several members of this Court
Autor:
D. Theodore Rave
Two distinct governance problems arise whenever individuals surrender their autonomy to a collective decision-making process: a principal-agent problem and a tyranny-of-the-majority problem. But fiduciary law – both public and private – often con
Externí odkaz:
https://explore.openaire.eu/search/publication?articleId=doi_________::387aedc103b72a1193801238a44faa6f
https://doi.org/10.1017/9781108155267.003
https://doi.org/10.1017/9781108155267.003
Autor:
D. Theodore Rave
Publikováno v:
Research Handbook on Fiduciary Law ISBN: 9781784714833
There is broad consensus that elected officials, at least in some sense, stand in a fiduciary relationship with those they represent. But there is very little consensus on what, if anything, courts should do about that. One major concern with applyin
Externí odkaz:
https://explore.openaire.eu/search/publication?articleId=doi_________::7aba399c1ed07bc588fb2700947c65e0
https://doi.org/10.4337/9781784714833.00033
https://doi.org/10.4337/9781784714833.00033
Autor:
D. Theodore Rave
Publikováno v:
SSRN Electronic Journal.
As this Court, the Framers, and foundational political theory have recognized, elected officials, such as legislators, are fiduciaries who have a duty to loyally serve the interests of the people they represent, not their own interests. This commitme
Autor:
D. Theodore Rave
Publikováno v:
Journal of Tort Law. 5
When a defendant sets up a private voluntary compensation scheme or includes an arbitration clause in its form contracts, the resulting alternative dispute resolution (ADR) system bears striking resemblance to the typical endpoint of class action lit
Autor:
D. Theodore Rave
Publikováno v:
SSRN Electronic Journal.
This Article argues that there is an “anticommons” problem in aggregate litigation. An anticommons occurs when the consent of too many owners is needed to use a resource at its most efficient scale. When many plaintiffs have similar claims agains