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Articles 1 - 22 of 22
Full-Text Articles in Law
Uncertainty, Efficiency, And The Brokerage Industry, Michael S. Knoll
Uncertainty, Efficiency, And The Brokerage Industry, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Agenda: Instream Flow Protection In The Western United States: A Practical Symposium, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Instream Flow Protection In The Western United States: A Practical Symposium, University Of Colorado Boulder. Natural Resources Law Center
Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)
Conference speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.
Virtually all western states now provide some kind of legal recognition for instream flows. On March 31-April 1, the Natural Resources Law Center will present a symposium on the different approaches taken in these states, with emphasis on such major issues as the purposes for instream flows, the quantities of water needed for these purposes, enforcement of instream flow rights, federal instream flow claims, private instream flow claims, and transferring consumptive water rights to instream flow rights. Speakers include representatives from state agencies …
The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt
The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt
Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)
42 pages.
Contains references.
Keeping The Waters Flowing: Streamflow Protection Programs, Strategies And Issues In The West, Steven J. Shupe
Keeping The Waters Flowing: Streamflow Protection Programs, Strategies And Issues In The West, Steven J. Shupe
Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)
44 pages.
Contains 2 pages of footnotes.
Wyoming’S New Instream Flow Law, Gordon W. Fassett
Wyoming’S New Instream Flow Law, Gordon W. Fassett
Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)
28 pages.
Contains references.
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert Birmingham
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Antitrust And The Challenge Of Internationalization, David J. Gerber
Antitrust And The Challenge Of Internationalization, David J. Gerber
All Faculty Scholarship
No abstract provided.
Geographic Market Definition In An International Context, George A. Hay, John C. Hilke, Philip B. Nelson
Geographic Market Definition In An International Context, George A. Hay, John C. Hilke, Philip B. Nelson
Cornell Law Faculty Publications
Market definition is generally regarded as a key step in antitrust analysis. Market definition has two components. Product market definition seeks to include all products that are meaningful substitutes. Geographic market definition seeks to incorporate all relevant sources of the product in question. This paper is concerned with geographic market definition and, in particular, how geographic markets are defined in situations where competition may, at least to some extent, transcend national boundaries.
The subject of the paper may be of some current interest for two reasons. First, the perception is widespread that, over the past twenty or so years, competition …
The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp
The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
Classical political economy was dedicated to the principle that the state could best encourage economic development by leaving entrepreneurs alone, free of regulation and subsidy. The development of classical economic policy in the United States dramatically changed the concept of the business corporation. Within the preclassical, mercantilist model, the corporation was a unique entity created by the state for a special purpose and enjoyed a privileged relationship with the sovereign. The very act of incorporation presumed state involvement. State subsidy and the incorporators' public obligation were natural corollaries. Business firms that relied on the market alone to determine their prospects …
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Publications
No abstract provided.
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Articles
In 1985, nonbank U.S. multinational companies employed 24.5 million workers, had worldwide sales of almost $3.5 trillion, and net income of $150 billion on assets of $4.2 trillion. The foreign (non-U.S.) affiliates of these companies had 6.4 million employees, $900 billion of those sales, and $43 billion of net income, with assets of $838 billion. United States multinationals accounted for roughly three-quarters of total American merchandise exports in 1985 and half of total imports, with approximately 40 percent of each category arising from transfers within U.S. multinationals between American parent firms and their own foreign affiliates. And 1985 is widely …
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins
Faculty Publications
No abstract provided.
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
Articles
The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.
Economic Union As A Constitutional Value, Richard B. Collins
Economic Union As A Constitutional Value, Richard B. Collins
Publications
Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …
The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen
The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen
All Faculty Scholarship
No abstract provided.
The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.
The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Economic Man And Literary Woman: One Contrast, Robin West
Economic Man And Literary Woman: One Contrast, Robin West
Georgetown Law Faculty Publications and Other Works
The law and literature movement has been with us long enough that it is now possible to speak seriously of a "literary analysis of law," just as it has become possible, and even standard, to speak of an "economic analysis of law." It is also standard, of course, to speak of that abstract character who has emerged from the economic analysis of law: "economic man." In these brief comments, I want to offer one contrast of the "economic man" that emerges from economic legal analysis with the "literary person" that is beginning to emerge from literary legal analysis. I will …
The Uncertain Case For Takeover Reform: An Essay On Stockholders, Stakeholders And Bust-Ups, John C. Coffee Jr.
The Uncertain Case For Takeover Reform: An Essay On Stockholders, Stakeholders And Bust-Ups, John C. Coffee Jr.
Faculty Scholarship
In this Article, Professor John Coffee considers under what circumstances there could be a legitimate role for state regulation of tender offers. Professor Coffee suggests that state anti-takeover laws could (but do not) function to protect other stakeholders, including corporate management, in the target corporation where the implicit contract between the corporation and these stakeholders has broken down. He advances a model of corporate directors as mediators between shareholders and stakeholders in order to protect the expectations embodied in a web of implicit and explicit contracts.
Professor Coffee suggests that takeovers would be more palatable if the interests of stakeholders …
Reflections On Fuller And Perdue's The Reliance Interest In Contract Damages: A Positive Economic Framework, Avery W. Katz
Reflections On Fuller And Perdue's The Reliance Interest In Contract Damages: A Positive Economic Framework, Avery W. Katz
Faculty Scholarship
Fuller and Perdue's classic article, The Reliance Interest in Contract Damages, is regarded by many contemporary contracts scholars as the single most influential law review article in the field. For those of us who teach and think about contracts from the perspective of law and economics, the consensus would probably be close to unanimous. The article displays an approach highly congenial to an economic perspective. The connection goes beyond Fuller and Perdue's explicitly functional approach to law (which law and economics shares with other schools of thought descended from the legal realists) and beyond Fuller and Perdue's focus on …
Clarifying The Record: A Comment, Victor P. Goldberg
Clarifying The Record: A Comment, Victor P. Goldberg
Faculty Scholarship
In their recent article in this journal, Boudreaux and Ekelund [1987] ha presented a distorted characterization of some of my work on the economics o regulation. The editor of this journal has graciously offered me the opportunity to respond to their criticisms and to redress some ambiguities, real or imagine in my earlier work.