Defenses to International Antitrust Suits: An Aggregate Approach

Part I of this Comment will discuss briefly the cases in which the defenses have been asserted. Part I will examine the underlying policies of each defense. In Part II of this Comment each of the defenses will be applied separately to the facts of a recent antitrust case, In re Uranium Antitrust Litigation. Finally, in Part III, the application of the separatist approach to those facts will be critiqued, and an alternative approach to the defenses will be discussed

Brokering a Difficult Marriage: Substantive Defenses under Rule 60(b)(4) Relief from Default Judgments in Foreign Sovereign Immunities Act Proceedings

This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts\u27 jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive defenses in deter- mining subject matter jurisdiction. Part III argues that in the context of FSIA actions the use of substantive defenses under Rule 60(b)(4) is not only workable, but more desirable than the use of Rule 60(b)(6) judicial discretion. This Note concludes that the consideration of substantive defenses under Rule 60(b)(4) is necessary to fulfill the congressional intent behind the FSIA

The Myth of Civic Republicanism: Interrogating the Ideology of Antebellum Legal Ethics

Ethicists, historians and sociologists have generally accepted the premise that the legal profession did not offer strong, public defenses of the adversary ethic (ethically neutral service of clients) until after 1870 when professional elites sought to rationalize their role in the rise of corporate capitalism. Prior to 1870, it has been argued, the legal profession was dominated by a civic republican ideology in which lawyers conceived their role as a form of public service dedicated to vindicating the interests of justice and morality even if that meant refusing to seek a client's lawful ends.This paper challenges both claims. Surveying antebellum law periodicals, the article reveals a robust debate on the definition and justifiability of the lawyer's role. In particular, the article examines defenses of the adversary ethic that were both more vigorous and far less apologetic than defenses offered today. Moreover, the article shows that the defenses came from legal elites, not simply Jacksonian levelers, and the defenses were couched in the discourse of civic republicanism - suggesting that morally activist lawyering was not the only conception of the role thought to be consistent with civic republican principles

Takeover defenses and IPO firm value in the Netherlands

The central question of this study involves the relation between the use of takeover defenses and IPO firm value. We report that management frequently uses takeover defenses before taking the firm public. The use of takeover defenses is primarily motivated by managerial entrenchment. IPO investors anticipate potential conflict of interests with management and reduce the price they pay for the IPO shares if takeover defenses are adopted. Although managers internalize this cost of takeover defenses to the degree they own pre-IPO stock, they are likely to gain through private control benefits. Non-management pre-IPO owners lose. Their shares are worth less, but different from managers, they do not get offsetting private control benefits. We infer that managers use takeover defenses to protect private control benefits at non-management pre-IPO owners' expense.firm valuation;initial public offering;takeover defense

Alaska Sex Offense Law: What Has Changed

Alaska’s sex offense laws fall into three broad categories: crimes and defenses, sentencing, and post-release supervision and registry. This article discusses each in turn, looking at how these laws have changed following the 31st legislative session.The Schneider Fix / Crimes and defenses / Sentencing / Supervision and registry / Conclusion / [Sidebar:] HB 49’s additional changes / Reference

Stochastic Substitute Training: A Gray-box Approach to Craft Adversarial Examples Against Gradient Obfuscation Defenses

It has been shown that adversaries can craft example inputs to neural networks which are similar to legitimate inputs but have been created to purposely cause the neural network to misclassify the input. These adversarial examples are crafted, for example, by calculating gradients of a carefully defined loss function with respect to the input. As a countermeasure, some researchers have tried to design robust models by blocking or obfuscating gradients, even in white-box settings. Another line of research proposes introducing a separate detector to attempt to detect adversarial examples. This approach also makes use of gradient obfuscation techniques, for example, to prevent the adversary from trying to fool the detector. In this paper, we introduce stochastic substitute training, a gray-box approach that can craft adversarial examples for defenses which obfuscate gradients. For those defenses that have tried to make models more robust, with our technique, an adversary can craft adversarial examples with no knowledge of the defense. For defenses that attempt to detect the adversarial examples, with our technique, an adversary only needs very limited information about the defense to craft adversarial examples. We demonstrate our technique by applying it against two defenses which make models more robust and two defenses which detect adversarial examples.Comment: Accepted by AISec '18: 11th ACM Workshop on Artificial Intelligence and Security. Source code at https://github.com/S-Mohammad-Hashemi/SS