Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Acquittal (1)
- Antitrust (1)
- Bankruptcy (1)
- Clean Water Act jurisdiction (1)
- Conviction (1)
-
- Crime (1)
- Cross-Border Bankruptcy (1)
- Cross-Border Insolvency (1)
- Democracy (1)
- Dismissal (1)
- EPA (1)
- Enforcement (1)
- Environmental (1)
- Incarceration (1)
- Insolvency (1)
- International Bankruptcy (1)
- International Insolvency (1)
- International Law (1)
- Over-criminalization (1)
- Pollution prevention (1)
- Private International Law (1)
- Probation (1)
- Prosecutor (1)
- Prosecutorial discretion (1)
- Recognition of Judgements (1)
- Regulations (1)
- Sentencing guidelines (1)
- Soft Law (1)
- Sustainability (1)
- UNCITRAL (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Dialogic Aspect Of Soft Law In International Insolvency: Discord, Digression, And Development, John A. E. Pottow
The Dialogic Aspect Of Soft Law In International Insolvency: Discord, Digression, And Development, John A. E. Pottow
Law & Economics Working Papers
Soft law is on the ascent in international insolvency, seeming now to occupy a preferred status over boring old conventions. An arguably constitutive aspect of soft law, which some contend provides a normative justification for international law generally, is its "dialogic" nature, by which I mean its intentional exposure to recursive norm contestation and iterative development: soft law starts a dialogue. The product of that dialogue, on a teleological view, may well be hard law. In the international insolvency realm, that pathway is through (soft) model domestic legislation that aspires toward enactment as municipal law. The happy story is that …
Fascism And Monopoly, Daniel A. Crane
Fascism And Monopoly, Daniel A. Crane
Law & Economics Working Papers
The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Unit, this Article assesses the historical …
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Law & Economics Working Papers
In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …