University of Southern California

Volume 85, Number 2 (January, 2012)

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    Process over Structure: An Organizational Behavior Approach to Improving Corporate Boards
    Article by Nicola Faith Sharpe

    History has shown that the scholarly and regulatory focus on board composition and structure is a dangerously incomplete solution to the problems that have caused recent corporate failures. The media and corporate scholars have assigned much of the blame for the 2008 financial crisis and the Enron-era corporate scandals to corporate boards. The conventional diagnosis of these ills is that boards were largely at fault because they failed to effectively monitor corporate officers. Unfortunately th...

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    Examining Empathy: Discrimination, Experience, and Judicial Decisionmaking
    Article by Jill Weinberg & Laura Beth Nielsen

    There are moments when the law is not enough. In Virginia v. Black, a normally silent Justice Clarence Thomas interjected with what one commentator called a “Luke-I-am-you-father” voice. The case involved a First Amendment challenge to a Virginia law that prohibited cross burning. During a deputy U.S. solicitor general’s oral argument in favor of the law, Justice Thomas condemned him for not going far enough. Justice Thomas, who grew up in the segregated South and was the only black Justice o...

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    Essays: Second Amendment Penumbras: Some Preliminary Observations
    Article by Glenn Harlan Reynolds

    The Second Amendment to the Constitution is now part of “normal constitutional law,” which is to say that the discussion about its meaning has moved from the question of whether it means anything at all, to a well-established position that it protects an individual right, and is enforceable as such against both states and the federal government in United States courts. The extent of that individual right has not yet been fully fleshed out, and, of course, will (like other items of normal constit...

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    Taxing Youth: Health Care Reform Writes a Costly Prescription that Leaves the Young and Healthy Paying the Bill
    Note by Charles P. Litchfield

    With the American health care system facing a looming crisis due to unsustainable rates of medical cost inflation, the government has reacted by passing the Patient Protection and Affordable Care Act. While the present ubiquity of third-party payers in the form of health insurance or government programs spawns inefficiencies and perverse incentives that drive market forces to work against, rather than toward, maximum social welfare, the reform bill threatens to exacerbate the very inefficiencies...

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    Psychotropic Medication and Foster Care Children: A Prescription for State Oversight
    Note by Michelle L. Mello

    On April 16, 2009, seven-year-old Gabriel Myers locked himself in the bathroom of his Florida foster home and took his own life. Just three weeks prior, Myers was prescribed Symbyax, a combination of antidepressant and antipsychotic drugs not approved by the U.S. Food and Drug Administration (“FDA”) for use in children. Myers’s Department of Children & Families (“DCF”) records document a tragic history of neglect, allegations of sexual abuse, and movement between at least four foster care placem...


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