Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Agency (3)
- Adjudication (1)
- Administrative Law (1)
- Adoption (1)
- Adr (1)
-
- Agencies (1)
- American (1)
- Article II (1)
- CIL (1)
- Children's Rights (1)
- Collateralized debt obligations (1)
- Competing organizational forms (1)
- Conflicts of law (private international law) (1)
- Congress (1)
- Constitutional law (1)
- Convention on the Rights of the Child (1)
- Courts (1)
- Customary international law (1)
- Discrimination (1)
- Enforcement (1)
- Executive power (1)
- Federal government (1)
- Geography (1)
- Historic (1)
- Independent regulatory commissions; financial institutions; law and legislation (1)
- Intercountry Adoption Agency (Proposed) (1)
- Intercountry adoption (1)
- International law (1)
- Law cases (1)
- Legislative Courts (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Department of Geography: Dissertations, Theses, and Student Research
This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …
Null Preemption, Jonathan R. Nash
Null Preemption, Jonathan R. Nash
Faculty Articles
This Article proceeds as follows. In Part I, I introduce the concept of null preemption. I discuss in greater detail the case of regulation of motor vehicle tailpipe greenhouse-gas emissions as a case study of null preemption. In Part II, I explore the contours of null preemption, and then describe, and distinguish among, several paradigmatic settings in which null preemption may arise.
In Part III, I consider the normative case for null preemption. I conclude that the case is narrow. I also consider concerns of institutional choice and argue that even those who generally defend agency preemption of state law …
Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton
Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton
College of Law - Faculty Scholarship
This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers …
Cross-Country Adoption: A Call To Action, Anthony D'Amato
Cross-Country Adoption: A Call To Action, Anthony D'Amato
Faculty Working Papers
Although a free press is an integral part of democratic governance, intercountry adoption is one case in which the media makes it virtually impossible for governments to send children abroad for adoption. A country (State A) which gives up a child for intercountry adoption should receive a "credit" for that child which will entitle any other family within State A that may want to adopt a child to priority on the list at the Vatican. The second major function for the Intercountry Adoption Agency might be called the "annual report" function. All adoptive parents who take a child from the …
Obama's Equivocal Defense Of Agency Independence, Kevin M. Stack
Obama's Equivocal Defense Of Agency Independence, Kevin M. Stack
Vanderbilt Law School Faculty Publications
You can't judge a President by his view of Article II. At the very least, only looking to a President's construction of Article II gives a misleading portrait of the actual legal authority recent Presidents have asserted.
President Obama is no exception, as revealed by his defense of the constitutionality of an independent agency from challenge under Article II in Free Enterprise Fund v. Public Company Accounting Oversight Board' (PCAOB) in the Supreme Court this term. The PCAOB is an independent agency, located inside the Securities Exchange Commission (SEC), created to regulate accounting of public companies in the wake of …
Agency And Partnership Law [2009], Pearlie Koh, Stephen Bull
Agency And Partnership Law [2009], Pearlie Koh, Stephen Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
Fiduciaries With Conflicting Obligations, Steven L. Schwarcz
Fiduciaries With Conflicting Obligations, Steven L. Schwarcz
Faculty Scholarship
This Article examines the dilemma of a fiduciary acting for parties who, as among themselves, have conflicting commercial interests - an inquiry fundamentally different from that of the traditional study of conflicts between fiduciaries and their beneficiaries. Existing legal principles do not fully capture this dilemma because agency law focuses primarily on an agent’s duty to a given principal, not on conflicts among principals; trust law focuses primarily on gratuitous transfers; and commercial law generally addresses arm’s length, not fiduciary, relationships. The dilemma has become critically important, however, as defaults increase in the multitude of conflicting securities (e.g., classes of …
Regulatory Adjudication, Marcia L. Mccormick
Regulatory Adjudication, Marcia L. Mccormick
All Faculty Scholarship
Calls for increased regulation are flying fast and furious these days. We use regulation in the United States to prevent harm that various kinds of activities might cause and also to create positive external benefits that those activities could yield, but might not without incentives. Most regulatory programs in the United States provide a blend of measures designed to create these positive external benefits, promote good practices in the industry, prevent harms, and provide those harmed with remedies. At a time in which we contemplate new ways to regulate to deal with the crises of the day and prevent the …
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Articles by Maurer Faculty
Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and …
The Future Of Agency Independence, Lisa Schultz Bressman, Robert B. Thompson
The Future Of Agency Independence, Lisa Schultz Bressman, Robert B. Thompson
Vanderbilt Law School Faculty Publications
Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In this Article, we identify mechanisms that make independent agencies increasingly responsive to presidential preferences. We find these mechanisms in a context where independent agencies traditionally have dominated: financial policy. In legislative proposals for securing market stability, we point to statutorily mandated collaboration on policy between the Federal Reserve Board and the Secretary of the Treasury. In administration practices for improving securities regulation, we focus on White House coordination of, …