Law Commons^™

Agency: The Internal Split Of Structure, Yong Wang

Department of Sociology Faculty Scholarship and Creative Works

In this article I first examine the ways in which the dual terms of structure and agency are used in sociological theories. Then, relying on Lacan’s notions of split‐subject, the formula of sexuation, and forms of discourses, and Laclau’s theory of ideological hegemony, I argue that agency in most current sociological formulations is but a posited other of the structure that dissolves if examined closely; it is similar to the Lacanian fantasmic object. To resolve the fundamental paradoxes in structure‐agency theories, I reformulate structures as paradoxical, incomplete, and contingent symbolic formations that are always partial and unstable due to their …

Irrevocable Proxies, Deborah A. Demott

Faculty Scholarship

This short article explores the circumstances under which the power to vote shares owned by another may be made irrevocable. Irrevocable proxies often serve as integral ingredients within corporate governance arrangements because they serve as mechanisms that enable alliances among shareowners or enhance the holder’s voting power in disproportion to the holder’s residual economic interest in the corporation. The rights and duties of holders of irrevocable proxies are best understood against a background of common-law agency relationships, in which agent and principal always have the power–albeit having contracted otherwise–to terminate their relationship and the agent’s actual authority. Courts in the …

The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule

Faculty Scholarship

Can voters stop state governments from spending at high rates through the enactment of tax and expenditure limits (TELs), or do these laws become dead letters? We draw upon the principal-agent literature to theorize that TELs – one of the most frequent uses of the initiative process across the country – may be circumvented by the sorts of elected officials who would inspire their passage.

In order to investigate our claim, we conduct an event study. First, we test for the effectiveness of TELs across states using a differences-in-differences model. Second, we dissect our treatment variable using different legal provisions …