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Full-Text Articles in Law
Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill
Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill
Law and Contemporary Problems
The subprime crisis would never have occurred had investors not been such enthusiastic consumers of subprime securities. The investors now say, somewhat self-servingly (but probably correctly), that they did not understand the securities -- securities for which they were willing to pay very high prices. Investors' willingness to purchase these securities on terms that were favorable to the sellers, and unfavorable to them, presents a considerable puzzle. Investors do not want to miss out on the next big thing.
The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera
The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera
Law and Contemporary Problems
No abstract provided.
Peru’S Experience In Sovereign Debt Management And Litigation: Some Lessons For The Legal Approach To Sovereign Indebtedness, Manuel Monteagudo
Peru’S Experience In Sovereign Debt Management And Litigation: Some Lessons For The Legal Approach To Sovereign Indebtedness, Manuel Monteagudo
Law and Contemporary Problems
No abstract provided.
Reflections On The Bosnia Debt Restructuring, Mark H. Stumpf
Reflections On The Bosnia Debt Restructuring, Mark H. Stumpf
Law and Contemporary Problems
No abstract provided.
Donegal V. Zambia And The Persistent Debt Problems Of Low-Income Countries, Thomas Laryea
Donegal V. Zambia And The Persistent Debt Problems Of Low-Income Countries, Thomas Laryea
Law and Contemporary Problems
No abstract provided.
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Law and Contemporary Problems
Haley comments on the argument underlying the article by Erin Ann O'Hara and Maria Mayo Robbins, which emphasizes on victim-offender mediation (VOM). By expanding the frame of reference, restorative justice can be defined as a paradigm whose scope encompasses more than VOM and whose emphasis includes the needs of society and offenders as well as victims. Restorative justice involves a wide variety of processes and programs that are more apt to restore both those who commit and those who suffer wrongs. It includes children at risk programs, drug courts, violence-treatment programs, as well as VOM programs. It also includes efforts …
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Law and Contemporary Problems
In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …
Governing Pluralistic Societies, Tom Tyler
Governing Pluralistic Societies, Tom Tyler
Law and Contemporary Problems
Societies can be held together in many ways. Historically, many groups were linked by a common history, common ethnicity, and common religious and social values. These societies shared a unified set of norms dictating right and wrong. Other groups have been held together by charismatic leaders who present a unifying vision, but modern pluralistic society, uniquely, accepts a diversity of views about what is appropriate and reasonable, which makes these forms of authority difficult to enact. The form of authority emerging in western democratic states has been, instead, authority based upon the processes of government: people recognize democratic procedures as …
Cultural Conflicts, Annelise Riles
Cultural Conflicts, Annelise Riles
Law and Contemporary Problems
Riles show how contemporary anthropological insights into the character of cultural difference and cultural fragmentation can reframe conflict-of-laws analysis in productive ways. Taking up the example of the treatment of Native American sovereignty in US courts, she argues that a theory of conflict of laws as a discipline devoted to addressing the problem of cultural conflict is more doctrinally illuminating than the mainstream view of conflict of laws as political conflict. Riles suggests that the general dissatisfaction with conflicts as a field in the United States, and its failure to live up to tits larger promise, may stem in part …
The Proceedings Of The European Ombudsman, Simone Cadeddu
The Proceedings Of The European Ombudsman, Simone Cadeddu
Law and Contemporary Problems
Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Law and Contemporary Problems
Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.
European Administrative Proceedings, Sabino Cassese
European Administrative Proceedings, Sabino Cassese
Law and Contemporary Problems
Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
Law and Contemporary Problems
Cananea attempts to shed some light on administrative powers through an examination of mixed administrative proceedings. Another aim is to try to identify the common features of mixed administrative proceedings and, at the same time, those which differentiate them from other types of proceedings.
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Law and Contemporary Problems
Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.
European Principles Governing National Administrative Proceedings, Claudio Franchini
European Principles Governing National Administrative Proceedings, Claudio Franchini
Law and Contemporary Problems
It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.
Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield
Democracy And The Dominance Of Delaware In Corporate Law, Kent Greenfield
Law and Contemporary Problems
Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of US public companies and more than sixty percent of the Fortune 500. Delaware's resulting dominance over the terms of corporate governance in the US has been the subject of one of the grandest debates within corporate law scholarship.
The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner
The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner
Law and Contemporary Problems
Wagner argues that the good-science reforms miss the mark and have the potential to cause significant damage to already crippled administrative processes. Background information is presented relating to the sources of dissatisfaction with regulatory science and how the three most popular reforms purport to address these concerns.
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
Law and Contemporary Problems
In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.
Strengthening Science’S Voice At Epa, E. Donald Elliott
Strengthening Science’S Voice At Epa, E. Donald Elliott
Law and Contemporary Problems
Elliott considers the problem of institutional reforms to enhance the role of science in EPA decisionmaking. He asserts that science is underrepresented in policymaking at the EPA and that the quality of decisions at the margins would be improved by giving science somewhat greater influence.
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
Law and Contemporary Problems
Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Law and Contemporary Problems
Berenson and Harris consider whether the most controversial tools of managed care, including selective contracting, gatekeeping, and prior authorization, should be adopted in the Medicare program. On policy and practical political grounds, they do not recommend selective contracting or gatekeeping. Nevertheless, Medicare should be granted the authority to have preferred providers and case management programs that could treat providers differently and could permit certain beneficiaries to receive additional, off-policy benefits.
Back To The Future: The Managed Care Revolution, Gail B. Agrawal, Howard R. Veit
Back To The Future: The Managed Care Revolution, Gail B. Agrawal, Howard R. Veit
Law and Contemporary Problems
The evolution to a managed care system did not achieve the complete, fundamental change in the health care delivery system that was envisioned by some of its early proponents. As the managed care movement evolved beyond the prepaid group practice model, it focused primarily on methods used to spread the cost of health care services.
The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall
The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall
Law and Contemporary Problems
Despite the widespread consensus that physician incentives under managed care should be disclosed, there is little agreement on the who, what, when, and how of disclosure, nor is there agreement on the primary purpose of disclosure. Three forms of market failure point to three distinct, but overlapping purposes of disclosure, each of which points toward different forms, sources and contents of disclosures.
High-Level, “Tenured” Lawyers, Thomas W. Merrill
High-Level, “Tenured” Lawyers, Thomas W. Merrill
Law and Contemporary Problems
Civil service lawyers have rights similar to tenured professors and are utilized to identify and evaluate the most plausible justifications for using tenured lawyers to perform high-level tasks within the executive branch.
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
Law and Contemporary Problems
Strauss attempts to explore some of the problems evinced by difficult government attorneys' relations in dealing with other government agenicies.
The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young
The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young
Law and Contemporary Problems
Young provides information about the structural and institutional imperatives that constrain and shape the work of the Attorney-adviser and offers some rudimentary thoughts about what is needed to understand it better.
Lawyers In Agencies: Economics, Social Psychology, And Process, Jonathan R. Macey
Lawyers In Agencies: Economics, Social Psychology, And Process, Jonathan R. Macey
Law and Contemporary Problems
Macey explains the nature of the costs and benefits associated with involving lawyers in the administrative processes of government agencies.
Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos
Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos
Law and Contemporary Problems
The ignored questions of Department of Justice compensation, recruitment, and staffing are considered.
“For The United States”: Government Lawyers In Court, Patricia M. Wald
“For The United States”: Government Lawyers In Court, Patricia M. Wald
Law and Contemporary Problems
Wald provides a largely impressionistic view of governmental layering in court.
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Law and Contemporary Problems
Spangenberg and Beeman describe the structure and funding of the systems of delivery of legal services to indigent criminal defendents in use at the state level, including assigned counsel, contract attorneys and public defenders.