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Articles 1 - 30 of 290
Full-Text Articles in Law
The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner
The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner
Articles
No abstract provided.
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
John C. H. Wu At The University Of Michigan School Of Law, Xiuqing Li
Articles
The following is an English language translation of a 2008 Chinese language article on John C.H. Wu, Soochow Law School LL.B. 1920 and Michigan Law School, J.D. 1921, by Professor Li Xiuqing of Shanghai's East China University of Political Science and Law. Li is a specialist in Chinese and foreign legal history, with a focus on the transplant of Western and Japanese law into China during the late imperial and modern era. She also serves as the Secretary-General of the China Foreign Legal History Association. In 2006-07, Li was a Fulbright Scholar at the University of Michigan Law School, where …
The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack
The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack
Articles
After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …
Enforcing Dividend Withholding On Derivatives, Reuven S. Avi-Yonah
Enforcing Dividend Withholding On Derivatives, Reuven S. Avi-Yonah
Articles
The United States imposes a 30 percent withholding tax on dividends paid to nonresident aliens. However, this tax is rarely paid by portfolio investors because they can swap into U.S. securities, receiving payments to match both capital gain and dividends. Treasury has ruled that swap payments have an origin in the taxpayer’s residence so there is no withholding obligation on payments that match dividends. The proposal would impose withholding tax on dividend equivalents on the ground that there is no policy justification for a distinction between dividends, substitute dividends under securities lending transaction (which are treated as dividends and are …
The Professional Ethics Of Billing And Collections, Mark A. Hall, Carl E. Schneider
The Professional Ethics Of Billing And Collections, Mark A. Hall, Carl E. Schneider
Articles
Medicine is a Profession on which physicians rely for their livelihood and patients for their lives. If physicians do not charge for services, they cannot survive. If patients cannot afford those services, they cannot survive. No wonder many physicians have long agreed that fees are “one of the most difficult problems . . . between patient and physician.” For years comprehensive insurance subdued this problem, but currently widespread underinsurance and consumer-directed health care are reviving it. Even as the ranks of the uninsured continue to increase,the latest hope for controlling medical costs requires insured patients to pay for much more …
The World Of The Framers: A Christian Nation?, Geoffrey R. Stone
The World Of The Framers: A Christian Nation?, Geoffrey R. Stone
Articles
No abstract provided.
Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
No abstract provided.
Will The Tax Man Cometh To Coach Rodriguez?, Douglas A. Kahn, Jeffrey H. Kahn
Will The Tax Man Cometh To Coach Rodriguez?, Douglas A. Kahn, Jeffrey H. Kahn
Articles
There has been much in the news recently about coaches of major college sports teams moving to a new school and incurring an obligation to make payment to their old school under a buyout provision in their contract. The most recent example is the highly publicized move of Richard Rodriguez from West Virginia University to the University of Michigan. Coach Rodriguez had a contract with his former employer that required him to pay $4 million dollars to West Virginia if he left for another coaching position. After a suit was filed, it was reported that the parties agreed that the …
The Mediator As Fugu Chef: Preserving Protections Without Poisoning The Process, Maureen Laflin
The Mediator As Fugu Chef: Preserving Protections Without Poisoning The Process, Maureen Laflin
Articles
No abstract provided.
Jesting Pilate, Carl E. Schneider
Jesting Pilate, Carl E. Schneider
Articles
I have two goals this month. First, to examine a case that's in the news. Second, to counsel skepticism in reading news accounts of cases. Recently, I was talking with an admirable scholar. He said that transplant surgeons sometimes kill potential donors to obtain their organs efficiently. He added, "This isn't just an urban legend - there's a real case in California." A little research turned up California v. Roozrokh. A little Googling found stories from several reputable news sources. Their headlines indeed intimated that a transplant surgeon had tried to kill a patient to get transplantable organs. CNN.com: …
A Coordinated Withholding Tax On Deductibility Payments, Reuven S. Avi-Yonah
A Coordinated Withholding Tax On Deductibility Payments, Reuven S. Avi-Yonah
Articles
Prof. Avi-Yonah proposes a 35 percent withholding tax on deductible payments made to a non-U.S. resident, in coordination with other OECD members. The tax is aimed at U.S. residents posing as foreign investors and would be refundable when the beneficial owner shows that the payments have been reported to tax authorities in the owner’s country of residence.
Administration Of Territories By The United Nations: Is There Room For International Humanitarian Law?, Steven R. Ratner
Administration Of Territories By The United Nations: Is There Room For International Humanitarian Law?, Steven R. Ratner
Articles
The fundamental starting point of this conference is that peace operations represent a challenge to the implementation of international humanitarian law (IHL) for the simple reason that IHL was developed for states conducting hostile military operations against other states or non state actors.
Administration of territories represents one subset of peace operations – continuation of second-generation peacekeeping (PK) where parties, typically prodded by outsiders, formally delegate to the United Nations (UN) authority for the implementation of a peace agreement – though it has also been extended to situations where final status and outcome are not sure, as with East Timor …
Resolving Conflict In Non-Ideal, Complex Systems: Solutions For The Law-Science Breakdown In Environmental And Natural Resource Law, Barbara Cosens
Resolving Conflict In Non-Ideal, Complex Systems: Solutions For The Law-Science Breakdown In Environmental And Natural Resource Law, Barbara Cosens
Articles
In 2006, the U.S. Supreme Court decided a consolidated case concerning the scope of the U.S. Army Corps of Engineers' jurisdiction to require permits for dredge and fill of wetlands under section 404 of the Clean Water Act, issuing a plurality, two concurrences, and two dissents. Each opinion has a solid legal foundation, yet none truly makes sense if the science of the resource in question is considered. The opinions in Rapanos v. United States illuminate the struggle at the law-science interface. The problem is not due to either a failure in legal reasoning or a failure in scientific methodology …
Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen
Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen
Articles
No abstract provided.
The Sentencing Commission Takes On Crack, Again, David Yellen
The Sentencing Commission Takes On Crack, Again, David Yellen
Articles
We may be entering a new era of drug sentencing policy. For the first time, an effort by the United States Sentencing Commission to reduce the disparity in treatment between crack and powder cocaine offenders by somewhat reducing crack sentences has succeeded. Decisions of the United States Supreme Court, culminating most recently in Kimbrough v. United States and Gall v. United States, have clarified and expanded the flexibility federal judges have in sentencing under the post- United States v. Booker advisory sentencing guidelines. Political leaders have begun to accept the need for relaxation of at least some of the …
Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor
Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor
Articles
The traditional law school appellate case method is not well-suited to teaching students either the substance and process of counseling entrepreneurial clients or helping such clients create IP strategies that effectively advance their business vision. This Article describes the author’s creation of new courses and clinics to advance teaching IP in the emerging field of entrepreneurship and innovation law
Valuing Laws As Local Amenities, Anup Malani
Valuing Laws As Local Amenities, Anup Malani
Articles
The conventional approach to evaluating a law is to examine its effect on proximate behavior. To evaluate a new criminal law, for example, the conventional approach would look to changes in the crime rate. This Article proposes another method for evaluating laws, specifically, that they should be judged by the extent to which they raise housing prices and lower wages in the short run or raise the aggregate value of residential land in the long run. The logic is that the value of a law, much like the value of a lake or a public school, is capitalized into local …
The Roberts Court, Stare Decisis, And The Future Of Constitutional Law, Geoffrey R. Stone
The Roberts Court, Stare Decisis, And The Future Of Constitutional Law, Geoffrey R. Stone
Articles
No abstract provided.
Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan
Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan
Articles
In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.
Finding Hidden Treasures In Special Collections, Stacy Etheredge
Finding Hidden Treasures In Special Collections, Stacy Etheredge
Articles
No abstract provided.
Condemnation Without Justification, Douglas A. Kahn
Condemnation Without Justification, Douglas A. Kahn
Articles
On August 6-8, 2007, Prof. Neil Buchanan posted in Michael Dorf’s blog (http://michaeldorf.org/; for the blog entry regarding the death tax, see http:// michaeldorf.org/2007/08/dishonest-tax-rhetoric-part-3- of-3.html) a three-part series on what he deemed to be examples of political use of terminology to describe tax issues in a manner that is likely to mislead the public. Prof. Buchanan described this practice as ‘‘dishonest tax rhetoric.’’ He awarded first, second, and third prizes for the most egregious examples of dishonest rhetoric. I, however, found no objection to the usages he considered to be the two worst examples. Let us consider his first and …
Immigration Law's Organizing Principles, Adam B. Cox
Immigration Law's Organizing Principles, Adam B. Cox
Articles
Immigration law and scholarship are pervasively organized around the principle that rules for selecting immigrants are (and should be) fundamentally different from rules that regulate the lives of immigrants outside the selection context. Both courts and commentators generally conclude that the government should have considerably more leeway to adopt whatever selection rules it sees fit. Consequently, the selection/regulation dichotomy shapes the central debates in immigration law-including debates about the legality and legitimacy of guest worker programs, America's criminal deportation system, and restrictions on immigrant access to public benefits. This Article argues that this central organizing principle is misguided: legal rules …
Human Welfare, Not Human Rights, Eric A. Posner
Human Welfare, Not Human Rights, Eric A. Posner
Articles
Human rights treaties play an important role in international relations but they lack a foundation in moral philosophy and doubts have been raised about their effectiveness for constraining states. Drawing on ideas from the literature on economic development, this Essay argues that international concern should be focused on human welfare rather than on human rights. A focus on welfare has three advantages. First, the proposition that governments should advance the welfare of their populations enjoys broader international and philosophical support than do the various rights incorporated in the human rights treaties. Second, the human rights treaties are both too rigid …
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
Articles
No abstract provided.
Little Rock And The Legacy Of Brown, David A. Strauss
Documenting Discrimination?, Adam B. Cox, Thomas J. Miles
Documenting Discrimination?, Adam B. Cox, Thomas J. Miles
Articles
No abstract provided.
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
Articles
No abstract provided.
On Constitutional Changes To Limit Government, Frank H. Easterbrook
On Constitutional Changes To Limit Government, Frank H. Easterbrook
Articles
No abstract provided.