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Redistributive Policy And Devolution: Is State-Administration A Road Block (Grant) To Equitable Access To Federal Funds?, Brian Collins, Brian Gerber Dec 2005

Redistributive Policy And Devolution: Is State-Administration A Road Block (Grant) To Equitable Access To Federal Funds?, Brian Collins, Brian Gerber

Brian K. Collins

Over the last several decades, block grants have been a key instrument by which policy authority is devolved from federal to state governments. Whether the block grant approach produces more effective redistributive policy management (on equity or efficiency grounds) is an open and central question. We focus on the equity dimension by positing an explanatory framework that links access to federal block grant funding to the transaction costs associated with intergovernmental grant contracting. We argue that grant access is a function of both state-level institutional choices and the administrative capacity of local governments—which combine to influence the salient transaction costs …


Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev Dec 2005

Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev

Yehuda Adar Dr.

-This article is in Hebrew-

The remedies section in the new Israeli draft civil code is an endeavor to create a unified law of remedies, applicable to all branches of civil and commercial law, including torts and breach of contract. This article explores the main innovations included in the remedies section. It opens with a short overview of the status of the law of remedies in modern times, and the debate over the justification for unifying it. Then, in the remainder of the article, the authors examine the various changes, in terms of both structure and substance, reflected in the …


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii Dec 2005

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii

Juliet M. Moringiello

This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.