951 research outputs found

    The Fiduciary Duty of Disclosure after Dabit

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    School Counselor Transgender Advocacy Development: An Exploratory Qualitative Study

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    School counselors have an opportunity to develop as an advocate for their transgender students who face many adversities in life. However, there exists a paucity of research specific to school counselor advocacy and no literature specific to school counselors developing as advocates for transgender students. In an attempt to address the gaps in the literature, the purpose of this qualitative research was to explore how three school counselors in a large urban school district in the southeast United States participating in an inquiry group developed as transgender advocates while completing a passion project. The conceptual framework components of the study were: Queer theory, trans critique, and the American Counseling Association’s (ACA) Advocacy Competencies. The study was informed by research questions focused on how school counselors develop as advocates for transgender students, affordances of transgender advocacy development, and limitations faced. Multiple forms of data were collected, including transcriptions of inquiry group meetings, journals, surveys, document review, and analytic memos. The three thematic findings developed through data analysis were (1) transgender advocacy development, (2) affordances of transgender advocacy development, and (3) limitations of transgender advocacy development. Implications for school counselors, school counselor organizations, and future research are presented. The paper concludes with a discussion of the study’s limitations

    Comments on Contestability

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    Patient Capital : Can Delaware Corporate Law Help Revive It?

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    Lyman Johnson’s Invaluable Contribution to Delaware Corporate Jurisprudence

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    Interplay of Chemical Bonding and Magnetism in Fe_4N, Fe_3N, Fe_2N

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    Using spin density functional theory we have carried out a comparative study of chemical bonding and magnetism in Fe_4N, Fe_3N and Fe_2N. All of these compounds form close packed Fe lattices, while N occupies octahedral interstitial positions. High spin fcc Fe and hypothetical FeN with rock salt structure have been included in our study as reference systems. We find strong, covalent Fe-N bonds as a result of a substantial \sigma-type p-d hybridisation, with some charge transfer to N. Those Fe d orbitals which contribute to the p-d bonds, do no longer participate in the exchange splitting of the Fe d bands. Because of the large exchange fields, the majority spin d bands are always fully occupied, while the minority spin d bands are close to half-filling, thus optimizing the Fe d-d covalent bonding. As a consequence, in good approximation the individual Fe moments decrease in steps of 0.5 \mu_B from fcc iron (2.7 \mu_B) via Fe_4N (2.7 and 1.97 mu_B}), \chem{Fe_3N} (1.99 \mu_B) to \zeta - Fe_2N (1.43 \mu_B).Comment: 16 pages, 15 figure

    Optimizing The World’s Leading Corporate Law: A 20-Year Retrospective and Look Ahead

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    In a 2001 article (Function Over Form: A Reassessment of Standards of Review in Delaware Corporation Law) two of us, with important input from the other, argued that in addressing issues like hostile takeovers, assertive institutional investors, leveraged buyouts, and contested ballot questions, the Delaware courts had done exemplary work but on occasion crafted standards of review that unduly encouraged litigation and did not appropriately credit intra-corporate procedures designed to ensure fairness. Function Over Form suggested ways to make those standards more predictable, encourage procedures that better protected stockholders, and discourage meritless litigation, by restoring business judgment rule protection for transactions approved by independent directors, the disinterested stockholders, or both. This article examines how Delaware law responded to the prior article’s recommendations, concluding that the Delaware judiciary has addressed most of them constructively, thereby creating incentives to use procedures that promote the fair treatment of stockholders and discourage meritless litigation. The continued excellence and diligence of the Delaware judiciary is one of Delaware corporate law’s core strengths. But some recent cases have articulated standards of review that involve greater than optimal litigation intensity and less than ideal respect for decision-making in which independent directors and disinterested stockholders have potent say. Those standards also impair the integrity of Delaware’s approach to demand excusal in derivative cases and the identification of controlling stockholders. We also propose eliminating concepts like substantive coercion that do not provide a legitimate basis for resolving cases. Finally, we urge action to correct new problems such as the unfair targeting of corporate officers for negligence claims in representative actions and the frustrating state of practice under Delaware’s books and records statute
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