The various state laws in the US are consistent on eminent domain valuation: the stated goal is the difference between the total value of the property before the taking and the total value after the taking. Various states break the valuation into two portions: 1. the value of the actual property taken; and 2. the reduction in value of the remaining property due to the taking. To attempt to speed up the resolution of eminent domain cases, the various states employ arbitrators or arbitration panels to hear these cases and render a decision on property value. The problem in dealing with bias in special master cases is that the law tends to contemplate, and be oriented toward, individual bias but not systematic bias. The Georgia law is illustrative. In Georgia, the responsibility of the spe...
I lost my television debate virginity to Tom Braden, the old curmudgeon liberal counterpart to Pat Buchanan, on the original CNN "Crossfire" series. His first question was a haymaker: "Who the hell do you think you are passing judgment on journalists?" he snarled. Little did I know this was the official Denial Excuse No. 12 in an endless litany of media denials of what everyone knows, but only they continue to deny: The "news" media are drowning in a liberal political bias. Enter into the fray UCLA professor Tim Groseclose with "Left Turn: How Liberal Media Bias Distorts the American Mind," with a new methodology to measure that bias. I confess that at the outset I wasn't too keen about doing this review. The Media Research Center, which I head, has conducted more studies on this subjec...
This article assesses the recent Disney decision and argues that on the facts presented, the decision was probably correct. However, the court squandered an opportunity to develop and articulate an appropriate doctrinal approach for the issues the case presented. The case was an excellent opportunity for courts to provide some means to constrain executive compensation, and more generally, to address problems caused by "structural bias," the cozy relationship directors may have with officers. The court created space for a doctrine of good faith, but it provided little guidance as to how that doctrine might work, even in cases like Disney itself. An extension of the duty of good faith that could provide a bit more bite is suggested. Plaintiffs should be allowed to demonstrate bad faith wi...
The objective of this study is to examine country-specific factors that are related to the Securities and Exchange Commission's (SEC) issuance of foreign-related Accounting and Auditing Enforcement Releases (AAER). Foreign-related AAERs include sanctions issued against foreign firms registered in the US and against domestic firms with foreign operations. The SEC's objectives of prevention and deterrence are compromised to the extent that intentional misstatements are overlooked for any portion of the registrant population. This study makes two contributions to the existing literature. First, although prior research evaluates AAER composition, no study has tested whether macro-level risk factors can explain the SEC's issuance of AAERs. Second, while numerous papers have discussed the reg...
By Mark Zaretsky Register Staff mzaretsky@nhregister.com EAST HAVEN -- The town is settling two lawsuits filed by former police Sgt. Paul Liquori against the Police Department and Chief of Police Leonard Gallo for $210,000, Liquori's attorney said Thursday.
THE CALENDAR shows we have turned the page on another year, but one of mankind's oldest enemies, bias-based crime, has not subsided. Indeed, as recent incidents in northern New Jersey and the greater metropolitan area serve to remind, this ugly relic of the past remains ever-present. Despite the progress we have made in medicine, technology and science, the remnants of bias and hate seem harder to put behind us. Most recently, an apparent bias-based incident was reported at Congregation K'Hal Adath Jeshurun on Arnot Place in Paramus. Authorities say a fire was set there, in the rear of the building, with the help of an accelerant. That fire was ignited less than a month after anti-Semitic graffiti were spray-painted at the Reconstructionist Temple Beth Israel of Bergen County in Maywood...
It's not unusual to see parties grasping at straws to avoid unfavorable arbitration awards. But one California businessman wins the prize for straining credulity by claiming that he lost a commercial dispute because of the anti-German es of an arbitrator whose parents were Holocaust survivors.
Sixty-six percent of the most seriously wounded soldiers returning from Afghanistan and Iraq have "invisible" injuries of brain trauma or post-traumatic stress, which their families and society will deal with at great cost for decades, said Gen. Peter W. Chiarelli, the Army's vice chief of staff. The truth is, because we don't see these injuries...they don't receive the same level of attention as amputations, burns, shrapnel injuries," Chiarelli said. "There is simply a bias - and I really mean that - there is a bias either conscious or subconscious toward invisible wounds and injuries... It exists everywhere, including in the medical community.
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