Oklahoma City University

About: Oklahoma City University is a education organization based out in Oklahoma City, Oklahoma, United States. It is known for research contribution in the topics: Supreme court & Comparative law. The organization has 240 authors who have published 421 publications receiving 6923 citations.

Athleticism in NCAA D-III: It Ain’t Only Football That Matters:

Abstract: Most D-III universities field a football team, yet little is known about how a football program can influence the quality of the student body or rate at which students graduate. To evaluate these a...

Explication du Texte: 'I'm an Originalist; I'm a Textualist; I'm Not a Nut.'

Abstract: This short piece commemorates the passing of Justice Scalia. The piece highlights Justice Scalia's ability to appeal to different audiences. His embrace of originalism gave him popular appeal. His embrace of textualism appealed to academics and practitioners. He distinguished his originalism from that of others with his "faint-hearted originalism," cabined by stare decisis and a dose of prudence.

The Competence of Nations and International Tax Law

Abstract: "How is the cooperation of these vast numbers of people in countries all over the world, which is necessary for even a modest standard of living, to be brought about?" (1) INTRODUCTION This article proposes a conceptual foundation for the field of international tax law. The Article refers to this foundation as the institutional competence of nations in global economic development. A nation's institutional competence may be defined as its discretion to make decisions in pursuit of our collective goal of global economic development, discretion that is subject to a number of standards and limitations. The Article analyzes the institutional competence of nations in global economic development from the perspective of institutional economics, simple game theory, and the literature on social norms. The Article expresses the institutional competence of nations through standards and limitations that reduce the abuse of sovereign discretion and address international collective action problems in the pursuit of global economic development. These standards and limitations allocate prescriptive jurisdiction among nations over the global income tax base. The foundation proposed by the Article would coordinate international taxation with the international regulation of trade. The Article also addresses the proper place of capital export neutrality in the hierarchy of values for economic development, the choice between territorial and worldwide tax systems, the evaluation of tax havens and appropriate responses, the use of anti-deferral regimes, and the possible need for a multilateral tax treaty. On this institutional foundation, the role of the state is both essential and subordinate: sovereignty becomes an instrumental value and national law-making is seen in terms of a conceptual subsidiarity, to use the European term, or a consequentialist federalism in the realm of global economic development. Moreover, non-state actors facilitate sovereign competition and the benefits that such a constraint on the abuse of sovereign discretion brings to the world's people. The Article begins with an analogy. Consider the manager of a complex organization. In order to obtain the best results, the manager must delegate decision-making authority to others. Furthermore, the delegation of decision-making authority must be accompanied by a grant of autonomy to the subordinate decision-makers, if the manager hopes to receive the full benefit of delegating decision-making authority. Unfortunately, subordinate decision-makers can abuse their discretion. Subordinates might depart from the organization's goal and pursue their own objectives, possibly exploiting individuals under their control along the way. Furthermore, subordinates might attempt to shift their costs onto the budgets of other decision-makers on the same plane of authority. To minimize the abuse of discretion, the manager must create standards and limitations within which subordinate decision-makers are to exercise their autonomy. The delegation of decision-making authority to multiple subordinates also creates collective action problems for those subordinates. Hence, the manager of the complex organization must encourage the development of social norms that coordinate collective action within the organization. We can summarize the task of the manager of a complex organization. The manager must set the organization's overall goal. The manager must delegate decision-making authority and autonomy to subordinates within the organization. And, finally, the manager must create a decisional environment for those subordinates. The decisional environment consists of standards and limitations to minimize the abuse of delegated discretion and of social norms to coordinate the subordinates' collective action. We can draw an analogy from the complex organization to the community of nations. Of course, we have no actual manager for the community of nations. …

The Business Judgment Rule, Disclosure and Executive Compensation

Abstract: Despite its ubiquity in corporate law, the business judgment rule remains a doctrinal puzzle. Both courts and scholars offer different understandings of the Rule's role in litigation brought against corporate directors and different justifications for its deployment to insulate such directors from liability for breaches of fiduciary duties. This Article rejects all existing justifications for the Rule and argues that the Rule is no longer needed to protect directors from liability, either because the justifications offered never made any sense or because directors are now protected by other, statutory means. Rather, the Rule is needed today to protect not directors but the corporations they serve from the irreparable harm corporations would suffer if forced to disclose prospective business plans in order to defend decisions taken by their boards. This Article follows some recent scholarship in arguing that the Rule is best understood as an abstention doctrine and argues that courts should invoke the Rule and abstain from the review of the business judgment of corporate directors when the litigation that gives rise to such review would compel the corporation to disclose information relating to its prospective business plans. The Article then illustrates why the Rule should not apply in cases involving challenges to board decisions relating to executive compensation through a detailed discussion of the on-going litigation relating to the hiring and dismissal of the Walt Disney Company's former President, Michael Ovitz.

Optimal factorizations of rational numbers using factorization trees

Abstract: Let mt(α) denote the t-metric Mahler measure of the algebraic number α. Recent work of the first author established that the infimum in mt(α) is attained by a single point for all sufficiently large t. Nevertheless, no efficient method for locating is known. In this paper, we define a new tree data structure, called a factorization tree, which enables us to find when α ∈ ℚ. We establish several basic properties of factorization trees, and use these properties to locate in previously unknown cases.