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Articles 1 - 8 of 8
Full-Text Articles in Law
Reorienting Disclosure Debates In A Post-Citizens United World, Katherine A. Shaw
Reorienting Disclosure Debates In A Post-Citizens United World, Katherine A. Shaw
Book Chapters
Disclosure is often an afterthought in debates about money in politics. Reformers have tended to take disclosure for granted, devoting little time to developing and refi ning the affi rmative case for it. They have also tended to assume that the current disclosure regime is an effective one, at least as far as it goes. Reformers have devoted substantial attention to the holes in the current regime in the post- Citizens United era— so- called “dark” and “gray” money 1 — and have considered ways to bring such activity into the light. Yet even if they are successful, such expansion …
Democracy, Justice And Legitimacy Of International Courts, Mortimer N.S. Sellers
Democracy, Justice And Legitimacy Of International Courts, Mortimer N.S. Sellers
Book Chapters
No abstract provided.
The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles
The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles
Book Chapters
No abstract provided.
International Investment Law, Julian Davis Mortenson
International Investment Law, Julian Davis Mortenson
Book Chapters
Since the middle of the twentieth century, the field of international investment protection has gone through a period of more or less continuous expansion. From a single bilateral investment treaty (‘BIT’) signed between Germany and Pakistan in November 1959, international investment law has seen the proliferation of some 3,200 investment treaties governing the treatment of foreign investors by the host States where they do business.
As a historical matter, the substantive elements of modern investment law emerged from a loose network of customary international law protections that pre-existed the treaties now dominating the regime. Customary international law had long required …
Human Rights, Christine M. Chinkin
Human Rights, Christine M. Chinkin
Book Chapters
The legalisation and judicialisation of international human rights have founded arguments that human rights constitutes a sub-discipline of international law, a ‘distinct jurisprudential phenomenon’, indeed a ‘special law’, central to the anxieties about the fragmentation of international law. The human rights world is a very different one from that envisaged by the VCLT: the latter is an empty, amoral world where States have reciprocal dealings only with other States, where there are no people hurt by States’ actions and demanding reparations, no international institutions creating special mechanisms peopled by experts for monitoring and reporting and no non-governmental organizations (NGOs) demanding …
The Regulation Of Trading Markets: A Survey And Evaluation, Paul G. Mahoney, Gabriel V. Rauterberg
The Regulation Of Trading Markets: A Survey And Evaluation, Paul G. Mahoney, Gabriel V. Rauterberg
Book Chapters
This chapter was prepared for a conference exploring the desirability and structure of a new special study of the securities markets. Our objective is not to resolve all of the questions that commentators have raised about the new equity markets, but to lay the groundwork for a new special study by surveying the state of market regulation, identifying issues, and offering preliminary evaluations.
Medical Malpractice And Black-Box Medicine, W. Nicholson Price Ii
Medical Malpractice And Black-Box Medicine, W. Nicholson Price Ii
Book Chapters
The explosive proliferation of health data has combined with the rapid development of machine-learning algorithms to enable a new form of medicine: “black-box medicine.” In this phenomenon, algorithms troll through tremendous databases of health data to find patterns that can be used to guide care, whether by predicting unknown patient risks, selecting the right drug, suggesting a new use of an old drug, or triaging patients to preserve health resources. These decisions differ from previous data-based decisions because black-box medicine is, by its nature, opaque; that is, the bases for black-box decisions are unknown and unknowable.
Black-box medicine raises a …
Corporate Governance, Capital Markets, And Securities Law, Adam C. Pritchard
Corporate Governance, Capital Markets, And Securities Law, Adam C. Pritchard
Book Chapters
This chapter explores the dividing line between corporate governance and securities law from both historical and institutional perspectives. Section 2 examines the origins of the dividing line between securities law and corporate governance in the United States, as well as the efforts of the SEC to push against that boundary. That history sets the stage for section 3, which broadens the inquiry by examining the institutional connections between capital markets and corporate governance. Are there practical limits to the connection between securities law and corporate governance? The US again illustrates the point, as Congress has increasingly crossed the traditional boundary …