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Full-Text Articles in Law
The Un: A Situation Report, Benjamin Zawacki
The Un: A Situation Report, Benjamin Zawacki
ExpressO
The UN: A Situation Report is a review of two recent books on the past, present, and future of the UN; in short, of its relevance in a changing and uni-polar world at the end of Kofi Annan’s two terms as Secretary-General. The books’ focus is both on the organization’s successes and failures, and its efforts at self-reform in the face of near-constant criticism. They are reviewed as individually divergent in quality but as a formidable “situation report” when read in tandem. Paul Kennedy’s The Parliament of Man, save for its first of three parts, is generally criticized for its …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Fiction, Form And Substance In Subchapter K -- Approaching Partnership Mergers, Divisions And Incorporations, Heather M. Field
Fiction, Form And Substance In Subchapter K -- Approaching Partnership Mergers, Divisions And Incorporations, Heather M. Field
ExpressO
The tax consequences of substantively equivalent partnership mergers, divisions and incorporations can vary dramatically depending on the form of the transaction. This disparate treatment arises because the tax analysis of these partnership transactions inconsistently adheres to the “form” of the transaction and limits the use of legal “fictions”. This part-form, part-fiction approach distorts parties’ incentives about whether and how to undertake such transactions and can make the transactions less efficient, all without materially advancing other policy goals. This result is exacerbated by non-tax business exigencies that restrict parties’ abilities to implement certain transaction forms and by the increase in “formless” …
Empire Has Its Own Hurdles: Exploring The Nature Of Exceptionalism And Its Consequences For International Law And Multilateral Decision-Making, Saptarishi Bandopadhyay
Empire Has Its Own Hurdles: Exploring The Nature Of Exceptionalism And Its Consequences For International Law And Multilateral Decision-Making, Saptarishi Bandopadhyay
ExpressO
While it is increasingly becoming a platitude that exceptionalism exists in international law, little is being said about the nature, degrees of this exceptionalism and their differential consequences on the international legal system.
In my effort to bridge what I see as an oversight, this paper will seek to show how contemporary exceptionalist practices are creating a fault in the international legal order which will in turn provide a basis for others to argue for an overall reformulation of rules i.e. actions in contravention of the multilateral international legal framework would no longer need to be justified by manipulative rule …
Parental Consent And Notification Laws In The Abortion Context: Rejecting The "Maturity" Standard In Judicial Bypass Proceedings, Anna Bonny
ExpressO
The choice to become a parent, to give a baby up for adoption, or to terminate a pregnancy presents a life-altering decision for a minor. The majority of states require minors to engage their parents or legal guardians in their choice to obtain an abortion, but not in decisions to give their babies up for adoption or to become parents. Though the Supreme Court has held that parental consent and notification laws do not infringe on a minor's constitutional rights if judicial bypass options are available, the reality of these judicial proceedings demonstrates a biased and unworkable legal avenue. Even …
Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz
Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz
ExpressO
This article attempts, empirically, to explain the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows that transactional lawyers add value primarily by reducing regulatory costs, thereby challenging the reigning models of transactional lawyers as “transaction cost engineers” and “reputational intermediaries.” This new model not only helps inform contract theory but also reveals a profoundly different vision than existing models for the future of legal education and the profession.
Crisis Bureaucracy: Homeland Security And The Political Design Of Legal Mandates, Mariano-Florentino Cuellar
Crisis Bureaucracy: Homeland Security And The Political Design Of Legal Mandates, Mariano-Florentino Cuellar
ExpressO
Policymakers fight over bureaucratic structure because it helps shape the legal interpretations and regulatory decisions of agencies through which modern governments operate. In this article, we update positive political theories of bureaucratic structure to encompass two new issues with important implications for lawyers and political scientists: the implications of legislative responses to a crisis, and the uncertainty surrounding major bureaucratic reorganizations. The resulting perspective affords a better understanding of how agencies interpret their legal mandates and deploy their administrative discretion. We apply the theory to the creation of the Department of Homeland Security. Two principal questions surrounding this creation are …
Individual Or Collective Liability For Corporate Directors?, Darian M. Ibrahim
Individual Or Collective Liability For Corporate Directors?, Darian M. Ibrahim
ExpressO
Fiduciary duty is one of the most litigated areas in corporate law, and the subject of much academic attention, yet one important question has been ignored. Should fiduciary liability be assessed individually, where directors are examined one-by-one for compliance, or collectively, where the board's compliance as a whole is all that matters? The choice between individual and collective assessment can be the difference between a director's liability and her exoneration, affects how boards function, and informs the broader fiduciary duty literature in important ways. This article is the first to explore the individual/collective question and suggest a systematic way of …
Governance Of Brazilian Pension Funds, Luciana Pires Dias
Governance Of Brazilian Pension Funds, Luciana Pires Dias
ExpressO
This paper analyzes theoretically and empirically the governance of pension funds in Brazil. It first demonstrates that the law allows sponsors (employers) to write contracts (by-laws) governing the relationships between the sponsors, the managers and the participants (employees) of the pension funds. It also explains that, from an agency theory perspective, this legal framework favors non-optimal governance structures, since sponsors do not bear the financial consequences of the contracts they create. As predicted, the empirical evidence reported in this thesis shows that sponsors use this authority to create contracts that minimize monitoring and maximize control over business decisions to the …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Traditional Values, Or A New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson
Traditional Values, Or A New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson
ExpressO
President William Howard Taft, a Unitarian leader whose liberal faith had been viciously attacked by religious conservatives in the 1908 presidential campaign, used the White House as a platform in 1911 to launch a new nonsectarian organization for youth: The Boy Scouts of America (“BSA”). Lately, however, the BSA itself has come under the control of religious conservatives – who in 1992 banned Taft’s denomination from the BSA’s Religious Relationships Committee, and in 1998 threw Taft’s denomination out of its Religious Emblems Program. The denomination’s offense: A tradition of teaching its children that institutionalized discrimination is wrong. Unitarian Universalist religious …
Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler
Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler
ExpressO
There exists a substantial literature on the status of women in the legal profession, including studies on women students’ experiences in law schools, gender bias on law school faculties, and family leave policies and practices among legal employers. However, no recent study examines the family leave policies and practices in American law schools. This study seeks to fill that gap. Its findings are threefold. First, almost three quarters of law schools provide wage replacement during a family leave that is more generous than required by federal law. Second, there is a positive relationship between teaching at top-tier and private law …
The Dutch Auction Myth, Peter B. Oh
The Dutch Auction Myth, Peter B. Oh
ExpressO
The initial public offering process is under assault. Critics of this process have woven a complex set of interconnected objections to the orthodox method for conducting IPOs, pricing of shares, and allocating them to preferred investors. These critics instead point to online auctions as an alternative IPO method that can provide more equitable access, efficient prices, and egalitarian allocations. These claims rest on Google’s recent IPO and W.R. Hambrecht + Co.’s OpenIPO mechanism, conventionally regarded as impure variants of what is known as a descending-bid or Dutch auction (Dutch IPO).
This article assesses the empirical and theoretical case for Dutch …
Legislative Threats, Guy Halfteck
Legislative Threats, Guy Halfteck
ExpressO
The Article presents a theory of legislative threats that pierces the fundamental concept of the legal system as a regulatory institution and more generally as a mechanism of social governance. It examines ten case studies that demonstrate the use of legislative threats in diverse areas of law and social policy. Conceptually, legislative threats encompass a variety of threats that legislators exert on firms and financial institutions, organizations and institutional shareholders, professions and industrial sectors, universities and public institutions, federal agencies, and possibly even U.S. states, according to which legislators will exercise their legislative mandate and enact adverse legislation in order …
Overvalued Equity And The Case For An Asymmetric Insider Trading Regime, Thomas A. Lambert
Overvalued Equity And The Case For An Asymmetric Insider Trading Regime, Thomas A. Lambert
ExpressO
The forty-year debate over whether insider trading should be regulated has generally proceeded in all-or-nothing terms: Either all insider trading should be permitted (subject only to private restrictions imposed by issuers themselves), or none should. This Article argues for an asymmetric insider trading policy under which insider trading that decreases the price of an overvalued stock is generally permitted, but insider trading that increases the price of an undervalued stock is generally prohibited. Concluding that the net investor benefits of price-decreasing insider trading exceed those of price-enhancing insider trading, the Article argues that an asymmetric insider trading regime likely represents …
Renewing And Maintaining Union Vitality: New Approaches To Union Growth, Fred Feinstein
Renewing And Maintaining Union Vitality: New Approaches To Union Growth, Fred Feinstein
NYLS Law Review
No abstract provided.
New Institutions For Worker Representation In The United States: Theoretical Issues, Alan Hyde
New Institutions For Worker Representation In The United States: Theoretical Issues, Alan Hyde
NYLS Law Review
No abstract provided.
Industrial Areas Foundation, Helena Lynch
Worker Centers: Organizing Communities At The Edge Of The Dream, Janice Fine
Worker Centers: Organizing Communities At The Edge Of The Dream, Janice Fine
NYLS Law Review
No abstract provided.
Overcoming Obstacles To Worker Representation: Insights From The Temporary Agency Workforce, Danielle D. Van Jaarsveld
Overcoming Obstacles To Worker Representation: Insights From The Temporary Agency Workforce, Danielle D. Van Jaarsveld
NYLS Law Review
No abstract provided.
The National Employment Law Project, Joshua N. Leonardi
The National Employment Law Project, Joshua N. Leonardi
NYLS Law Review
No abstract provided.
The Workplace Project, Emily Stein
The Nonprofit Sector: Myths And Realities, James J. Fishman
The Nonprofit Sector: Myths And Realities, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
Transcript from Who Profits from Nonprofits? A Symposium on Nonprofit Organizations. I have followed the development of CUNY Law School from its founding, and I really have to salute you. I do not know exactly where legal education is going, but I think CUNY is going to get there before other law schools, including my own. Today, I am going to explore some of the myths and realities of the nonprofit sector.
Next Wave Organizing And The Shift To A New Paradigm Of Labor Law, Jim Pope
Next Wave Organizing And The Shift To A New Paradigm Of Labor Law, Jim Pope
NYLS Law Review
No abstract provided.
Don’T Mourn – Reorganize! An Introduction To The Next Wave Organizing Symposium, Seth D. Harris
Don’T Mourn – Reorganize! An Introduction To The Next Wave Organizing Symposium, Seth D. Harris
NYLS Law Review
No abstract provided.
Organizations, Movements, And Networks, Charles Heckscher
Organizations, Movements, And Networks, Charles Heckscher
NYLS Law Review
No abstract provided.
Impacting Next Wave Organizing: Creative Campaign Strategies Of Los Angeles Worker Centers, Victor Narro
Impacting Next Wave Organizing: Creative Campaign Strategies Of Los Angeles Worker Centers, Victor Narro
NYLS Law Review
No abstract provided.
The Immigrant Workers Project Of The Afl-Cio, Rosanna M. Kreychman, Heather H. Volik
The Immigrant Workers Project Of The Afl-Cio, Rosanna M. Kreychman, Heather H. Volik
NYLS Law Review
No abstract provided.
Working America, Lauren Snyder