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Articles 871 - 900 of 994
Full-Text Articles in Law
What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar
What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Rule Of Law Unplugged, Daniel B. Rodriguez, Mathew D. Mccubbins, Barry R. Weingast
The Rule Of Law Unplugged, Daniel B. Rodriguez, Mathew D. Mccubbins, Barry R. Weingast
Faculty Scholarship
The "Rule of Law" is a venerable concept, but, on closer inspection, it is a complex admixture of positive assumptions, inchoate political and legal theory, and occasionally wishful thinking. Although enormous investments have been made in rule of law reformism throughout the world, advocates of transplanting American-style legal and political institutions to developed and developing countries are often unclear about what they are transplanting and why they are doing so. The concept of rule of law has become unplugged from theories of law. Scholars clearly have more work to do in understanding the rule of law and designing institutions to …
Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux
Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux
Seattle University Law Review
We analyze Berle’s overall corporate governance project in accordance with what we see as its four core sub-themes: (A) the limitations of external market forces as a constraint on managerial decision-making power; (B) the desirability of internal (corporate) over external (market) actors in allocating corporate capital; (C) civil society and the public consensus as a continuous informal check on managerial decision-making power; and (D) shareholder democracy (as opposed to shareholder primacy or shareholder wealth maximization) as a socially instrumental institution. We seek to debunk the popular misconception that Berle’s early work was a defense of the orthodox shareholder primacy paradigm …
Participatory Planning For A Promised Land: Citizen-Led, Comprehensive Land Use Planning In New York’S Adirondack Park, Ann Hope Ruzow Holland
Participatory Planning For A Promised Land: Citizen-Led, Comprehensive Land Use Planning In New York’S Adirondack Park, Ann Hope Ruzow Holland
Antioch University Full-Text Dissertations & Theses
New York’s Adirondack Park is internationally recognized for its biological diversity. Greater in size than Yellowstone, Everglades, Glacier, and Grand Canyon National Park combined, the Adirondacks are the largest protected area within the Northern Appalachian/Acadian Eco-Region and within the contiguous United States. Ecologists, residents of the Park, and others are concerned about rapid land use change occurring within the borders of the Park. Almost half of the six million acres encompassed by the Park boundary is privately-owned, where 80% of land use decisions fall within the jurisdiction of local governments. The comprehensive planning process of one such local government, the …
Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, Allison K. Hoffman
Oil And Water: Mixing Individual Mandates, Fragmented Markets, And Health Reform, Allison K. Hoffman
All Faculty Scholarship
With momentum toward national health reform, there is wide support for legislation to include an individual mandate that would require all Americans to carry health insurance. Discussion of the individual mandate has relied largely on whether the mandate will generate universal coverage as a gauge for success. This article challenges the notion that an individual mandate is successful if it leads to universal coverage, revealing a critical problem the individual mandate will face even if all Americans were to have health insurance. To uncover this problem, this article sets out a novel framework that disentangles the three different policy objectives …
Summary Judgment, Pleading, And The Future Of Transsubstantive Procedure, Stephen B. Burbank
Summary Judgment, Pleading, And The Future Of Transsubstantive Procedure, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Hidden Function Of Takings Compensation, Abraham Bell, Gideon Parchomovsky
The Hidden Function Of Takings Compensation, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
To date, scholars have justified the constitutional mandate to pay compensation for takings of property on the intuitively appealing grounds that fairness demands recompensing aggrieved owners; on the basis of a belief that government that fails to pay will suffer from “fiscal illusion” and take excessively; or due to the need to neutralize politically powerful property owners who would otherwise foil socially beneficial projects. This Essay offers a new explanation of the role of takings compensation in ensuring good government. Inspired by public choice theory, we argue that takings compensation is intended to reduce the incentives for corruption by limiting …
New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, Stephanos Bibas, Jennifer Blasser, Keith A. Findley, Ronald F. Wright, Jennifer E. Laurin, Cookie Ridolfi
New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, Stephanos Bibas, Jennifer Blasser, Keith A. Findley, Ronald F. Wright, Jennifer E. Laurin, Cookie Ridolfi
All Faculty Scholarship
No abstract provided.
The Overstated Promise Of Corporate Governance, Jill E. Fisch
The Overstated Promise Of Corporate Governance, Jill E. Fisch
All Faculty Scholarship
Review of Jonathan Macey, Corporate Governance: Promises Kept, Promises Broken (Princeton, 2008)
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
When The Government Is The Controlling Shareholder: Implications For Delaware, Marcel Kahan, Edward B. Rock
When The Government Is The Controlling Shareholder: Implications For Delaware, Marcel Kahan, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Can A Patient-Centered Ethos Be Other-Regarding? Ought It Be?, Theodore Ruger
Can A Patient-Centered Ethos Be Other-Regarding? Ought It Be?, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Assessing The Chrysler Bankruptcy, Mark J. Roe, David A. Skeel Jr.
Assessing The Chrysler Bankruptcy, Mark J. Roe, David A. Skeel Jr.
All Faculty Scholarship
Chrysler entered and exited bankruptcy in 42 days, making it one of the fastest major industrial bankruptcies in memory. It entered as a company widely thought to be ripe for liquidation if left on its own, obtained massive funding from the United States Treasury, and exited via a pseudo sale of its main assets to a new government-funded entity. The unevenness of the compensation to prior creditors raised considerable concerns in capital markets, which we evaluate here. We conclude that the Chrysler bankruptcy cannot be understood as complying with good bankruptcy practice, that it resurrected discredited practices long thought interred …
Lyondell: A Note Of Approbation, William W. Bratton
Lyondell: A Note Of Approbation, William W. Bratton
All Faculty Scholarship
No abstract provided.
Tracking Berle's Footsteps: The Trail Of The Modern Corporation's Law Chapter, William W. Bratton, Michael L. Wachter
Tracking Berle's Footsteps: The Trail Of The Modern Corporation's Law Chapter, William W. Bratton, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo
Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo
All Faculty Scholarship
On February 6 and 7, 2009, more than three dozen of the nation’s most distinguished commentators on presidential power gathered in Philadelphia to explore themes raised by a book authored by Steven Calabresi and I co-authored reviewing the history of presidential practices with respect to the unitary executive. The conference honoring our book and the special journal issue bringing together the articles presented there provide a welcome opportunity both to look backwards on the history of our project and to look forwards at the questions yet to be answered.
Climate Change And The Wto: Legal Issues Concerning Border Tax Adjustments, Henrik Horn, Petros C. Mavroidis
Climate Change And The Wto: Legal Issues Concerning Border Tax Adjustments, Henrik Horn, Petros C. Mavroidis
Faculty Scholarship
Climate change is a multi-faceted discussion: for the trading community, one of many contentious issues in the policy debate over how to deal with greenhouse gas (GHG) emissions is the appropriate role of Border Carbon Adjustments (BCAs)/Border Tax Adjustments (BTAs). The role of BCAs has been analyzed in a very large policy discussion literature, as well as in a significant number of academic writings in both law and economics. One can safely summarize the state of each of these literatures as bewildering: in the legal literature there is still no consensus as to whether such measures are legal under the …
Putting Equity Back In Reverse Mortgages: Helping Seniors Retire With Dignity, Andrew C. Helman
Putting Equity Back In Reverse Mortgages: Helping Seniors Retire With Dignity, Andrew C. Helman
Maine Policy Review
Policymakers can help some seniors age in place through policies to strengthen private-sector reverse mortgages. In reverse mortgages, individuals who may be “house rich but cash poor” can use their home’s equity to receive regular income or get money through a credit line. Andrew Helman argues that state legislatures can help seniors avoid the “tricks and traps” of reverse mortgages by establishing programs in which lenders who agree to play by rules that ensure the safety and security of such mortgages are placed on a “preferred” list for seniors seeking a loan. He observes that laying the groundwork now can …
Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro
Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro
Cornell Law Faculty Publications
No abstract provided.
The Recession Mounts The Ivory Tower: How The Lillian Goldman Law Library At Yale Has Met The Challenges Posed By A Declining Economy, Femi Cadmus, Blair Kaufman
The Recession Mounts The Ivory Tower: How The Lillian Goldman Law Library At Yale Has Met The Challenges Posed By A Declining Economy, Femi Cadmus, Blair Kaufman
Faculty Scholarship
The global recession has wrought havoc on the budgets of libraries worldwide, forcing administrators to reassess priorities and change direction midcourse. Privately funded academic libraries which typically rely heavily on large endowments have not been exempt and in fact have probably been hit the hardest. The challenges encountered by this long drawn financial crisis have ultimately provided opportunities to reassess priorities and conduct business more efficiently.
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Faculty Publications
No abstract provided.
The Non-Management Side Of Academic Administration, Michael A. Fitts
The Non-Management Side Of Academic Administration, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Dean's Perspective On Ed Baker, Michael A. Fitts
A Dean's Perspective On Ed Baker, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
A Comprehensive Theory Of Deal Structure: Understanding How Transactional Structure Creates Value, Michael S. Knoll, Daniel M. G. Raff
A Comprehensive Theory Of Deal Structure: Understanding How Transactional Structure Creates Value, Michael S. Knoll, Daniel M. G. Raff
All Faculty Scholarship
No abstract provided.
The Case Against Shareholder Empowerment, William W. Bratton, Michael L. Wachter
The Case Against Shareholder Empowerment, William W. Bratton, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
All Faculty Scholarship
Though international criminal justice has developed into a flourishing judicial system over the last two decades, scholars have neglected institutional design and procedure questions. International criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law’s main purpose should be not only to inflict retribution, but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, more stable career paths, and civil-service expertise. It also needs to draw on the domestic experience of federalism …
Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo
Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo
All Faculty Scholarship
The current debate over broadband policy has largely overlooked a number of changes to the architecture of the Internet that have caused the price paid by and quality of service received by traffic traveling across the Internet to vary widely. Topological innovations, such as private peering, multihoming, secondary peering, server farms, and content delivery networks, have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Moreover, network providers have begun to employ an increasingly varied array of business arrangements. Some of these innovations are responses to the growing importance of peer-to-peer technologies. Others, such …
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson
All Faculty Scholarship
This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.
Citizenship, In The Immigration Context, Matthew J. Lister
Citizenship, In The Immigration Context, Matthew J. Lister
All Faculty Scholarship
Many international law scholars have begun to argue that the modern world is experiencing a “decline of citizenship,” and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a “civic” notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the …