Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (148)
- Constitutional Law (143)
- Social and Behavioral Sciences (134)
- Criminal Law (115)
- International Law (113)
-
- Environmental Law (104)
- Health Law and Policy (89)
- Law and Society (88)
- Civil Rights and Discrimination (87)
- Courts (87)
- Legal History (82)
- Legal Ethics and Professional Responsibility (73)
- Legislation (73)
- Natural Resources Law (72)
- Business Organizations Law (71)
- Law and Gender (71)
- State and Local Government Law (71)
- Legal Profession (70)
- Labor and Employment Law (62)
- Administrative Law (61)
- Arts and Humanities (57)
- Criminal Procedure (56)
- Water Law (55)
- Comparative and Foreign Law (53)
- Public Affairs, Public Policy and Public Administration (52)
- Dispute Resolution and Arbitration (49)
- Legal Writing and Research (49)
- Tax Law (49)
- Family Law (47)
- Institution
-
- Brigham Young University Law School (495)
- University of Minnesota Law School (124)
- University of Chicago Law School (107)
- Golden Gate University School of Law (84)
- Columbia Law School (79)
-
- William & Mary Law School (77)
- University of Michigan Law School (76)
- Duke Law (74)
- Maurer School of Law: Indiana University (68)
- Boston University School of Law (57)
- Cornell University Law School (55)
- University of Colorado Law School (50)
- University of Pennsylvania Carey Law School (49)
- New York Law School (46)
- University of Washington School of Law (40)
- Notre Dame Law School (39)
- Chicago-Kent College of Law (35)
- Vanderbilt University Law School (35)
- Georgetown University Law Center (34)
- Louisiana State University (34)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (34)
- Fordham Law School (33)
- Case Western Reserve University School of Law (32)
- UC Law SF (32)
- Touro University Jacob D. Fuchsberg Law Center (30)
- University of Maryland Francis King Carey School of Law (30)
- University of Richmond (28)
- American University Washington College of Law (26)
- Brooklyn Law School (25)
- Pace University (25)
- Keyword
-
- LSU Student Government (34)
- Law (29)
- United States Supreme Court (25)
- Ethics (22)
- Discrimination (20)
-
- Law professors (20)
- United States (20)
- University of Michigan Law School (19)
- Law schools (18)
- Ohio (18)
- CalFed Bay-Delta Program (17)
- Constitutional Law (17)
- Law students (17)
- Litigation (17)
- Constitutional law (16)
- International law (16)
- Legal education (16)
- Bankruptcy (15)
- Antitrust (14)
- Curriculum (14)
- History (14)
- Race (14)
- Supreme Court (14)
- Women (14)
- Book review (13)
- Children (13)
- Environmental law (13)
- Events (13)
- Evidence (13)
- Internet (13)
- Publication
-
- Utah Court of Appeals Briefs (1996–2006) (489)
- Faculty Scholarship (383)
- Articles (209)
- Faculty Publications (139)
- All Faculty Scholarship (103)
-
- Scholarly Works (79)
- Cornell Law Faculty Publications (54)
- Journal Articles (53)
- Minnesota Law Review (44)
- Constitutional Commentary (43)
- Articles & Chapters (36)
- Vanderbilt Law School Faculty Publications (35)
- Georgetown Law Faculty Publications and Other Works (34)
- Publications (34)
- Student Senate Enrolled Legislation (34)
- Articles by Maurer Faculty (33)
- California Agencies (33)
- Law Faculty Publications (32)
- Faculty Articles (31)
- Coase-Sandor Working Paper Series in Law and Economics (28)
- Indiana Law Annotated (28)
- Scholarly Articles (26)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (26)
- Elisabeth Haub School of Law Faculty Publications (25)
- UF Law Faculty Publications (24)
- National Health Policy Forum (21)
- Articles in Law Reviews & Other Academic Journals (20)
- Faculty Journal Articles and Book Chapters (18)
- GW Law Faculty Publications & Other Works (18)
- Ohio Oil & Gas Commission Decisions (18)
- File Type
Articles 2611 - 2640 of 2721
Full-Text Articles in Law
Required Disclosure And Corporate Governance, Merritt B. Fox
Required Disclosure And Corporate Governance, Merritt B. Fox
Faculty Scholarship
One of the most distinctive features of U.S. business law is the stringent requirements of ongoing disclosure imposed on issuers of publicly traded securities. This scheme usually has been justified as necessary to protect investors from making poor trading decisions as a result of being uninformed. Little scholarly attention, however, has been paid to the corporate governance effects of such required disclosure. In analyzing these effects, this article concludes that required disclosure can improve corporate governance in important ways. Indeed, improving corporate governance, not investor protection, provides the most persuasive justification for imposing on issuers the obligation to provide ongoing …
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Faculty Scholarship
Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …
Becoming A Citizen: Reconstruction Era Regulation Of African American Marriages, Katherine M. Franke
Becoming A Citizen: Reconstruction Era Regulation Of African American Marriages, Katherine M. Franke
Faculty Scholarship
While many Black people regarded slavery as a form of social death, some nineteenth-century white policy-makers extolled the virtues of slavery as a tool to uplift the characters of Africans in America: "[Slavery in America] has been the lever by which five million human beings have been elevated from the degraded and benighted condition of savage life ... to a knowledge of their responsibilities to God and their relations to society," observed a Kentucky Congressman in 1860. These sentiments were echoed by abolitionist northern officers not three years later when the institution of marriage was lauded for its civilizing effect …
The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg
The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg
Faculty Scholarship
Let me start with two items of received wisdom: 1) Copyright is territorially-based; 2) Cyberspace is not. But copyrighted works circulate in cyberspace. What does that mean for their protection? I have not labeled this essay "The Cyberian Captivity of Copyright," just because the title is alliterative and fittingly portentious for an inaugural lecture. Rather, like the "Babylonian Captivity" of the papacy in Avignon that the title recalls, it suggests a displacement of an international institution. This need not mean, however, that the displacement is a Bad Thing - after all, the French probably have a more favorable view of …
Pathways To Corporate Convergence? Two Steps On The Road To Shareholder Capitalism In Germany, Jeffrey N. Gordon
Pathways To Corporate Convergence? Two Steps On The Road To Shareholder Capitalism In Germany, Jeffrey N. Gordon
Faculty Scholarship
One of the most interesting current debates in corporate law is whether worldwide corporate governance will ultimately converge on a single model in light of the increasing globalization of capital markets, and if so, whether it will be an Anglo-American model whose features are shaped by the shareholder primacy norm. Convergence skeptics have focused on the embeddedness of governance systems in national political structures that tend to protect both entrenched insider interests and non-shareholder constituencies against the incursions of Anglo-American governance agendas. Convergence optimists have focused on the evolutionary pressures of competitive international capital markets and on the tendency of …
Legal Aid And Public Interest Law In China, Benjamin L. Liebman
Legal Aid And Public Interest Law In China, Benjamin L. Liebman
Faculty Scholarship
This article describes the evolution of legal aid and public interest law in China and examines its implications for the legal profession and the law in the context of four intertwined developments: first, China's efforts to establish a nationwide system of government-run legal aid centers; second, China's attempt to expand the availability and improve the quality of legal representation for indigent criminal defendants; third, China's bid to force the legal profession to serve poor clients via mandatory pro bono requirements for lawyers; fourth, the development of non-governmental legal aid centers and the expanding incentives for profit-oriented lawyers to take on …
Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm
Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm
Faculty Scholarship
Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
Faculty Scholarship
This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …
A Primer On Mdps: Should The No Rule Become A New Rule, Laurel Terry
A Primer On Mdps: Should The No Rule Become A New Rule, Laurel Terry
Faculty Scholarly Works
This article is the second of four major articles or book chapters that I have written about MDPs. "MDPs" refers to multidisciplinary partnerships or multidisciplinary practices between lawyers and nonlawyers. Prior to 1998, virtually all U.S. states had lawyer discipline rules that prohibited a lawyer from sharing legal fees with a nonlawyer or practicing law in partnership with a nonlawyer. In 1998, however, the American Bar Association created a Commission on Multidisciplinary Practice to reconsider these rules. One impetus for the creation of this Commission was the increasingly large numbers of lawyers who were working for the Big 5 Accounting …
Digital Technology And Copyright: A Threat Or A Promise - Introduction, Michael J. Meurer
Digital Technology And Copyright: A Threat Or A Promise - Introduction, Michael J. Meurer
Faculty Scholarship
On November 14, 1998, Franklin Pierce Law Center (FPLC), in cooperation with the Kenneth J. Germeshausen Center for the Law of Innovation and Entrepreneurship and the PTC Research Foundation, both of which are headquartered at FPLC, held its Seventh Biennial Intellectual Property System Major Problems Conference. While noteworthy for a broadening in scope over previous conferences - from "patent system major problems" to "intellectual property system major problems" - the seventh biennial conference continues a tradition of scholarship and discussion begun in 1987 by former FPLC professor Homer O. Blair.
The discussions in Professor Blair's inaugural major problems conference focused …
The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz
The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz
Faculty Scholarship
On July 1, 1997, the Federal Trade Commission (FTC) closed its investigation of the merger of the Boeing Company (Boeing) and the McDonnell Douglas Corporation (McDonnell Douglas), essentially approving the merger. The proposed $14 billion merger was quite significant, as it would unite the first and third largest civil aircraft companies in the world. Although the proposed merger had passed muster under U.S. antitrust laws, Boeing still faced the obstacle of gaining approval from the European Commission (EC), the antitrust enforcement agency of the European Union (EU). The EC initially sought to reject the merger and to levy heavy penalties …
The Internet, Securities Regulation, And Theory Of Law, Tamar Frankel
The Internet, Securities Regulation, And Theory Of Law, Tamar Frankel
Faculty Scholarship
Rarely has a change in the environment affected society as dramatically as the Internet. It has transformed the way we retain, transfer, and exchange information. At minimal cost, the Internet offers us far more information at a faster pace than ever before. It enables us to interact around the globe with more people than at any time in the past. When such dramatic environmental changes occur, drastic changes in the law often follow. 1 The Internet affects the environment in which securities markets operate, and the laws that govern them. 2 The use of the Internet has already begun to …
Taking Notes: Subpoenas And Just Compensation, Gary S. Lawson
Taking Notes: Subpoenas And Just Compensation, Gary S. Lawson
Faculty Scholarship
Few cases from the October 1997 Supreme Court term received as much public attention as Swidler & Berlin v United States, which held that the attorney-client privilege survives the death of the client in federal criminal proceedings. If one focuses solely on the issue actually decided in the case, that degree of attention is surprising. The issue had not generated a split among the federal circuits, and there were relatively few decisions-federal or state-squarely on point. The Court's holding was thus unlikely to have a major impact on American law; the paucity of prior case law demonstrates that the question …
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau
Faculty Scholarship
Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act I ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. 2 In particular, there has been notable progress …
Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain
Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain
Faculty Scholarship
This Symposium offers an occasion to pursue two important tasks: (1) identifying normative and constitutional foundations for an affimnative governmental responsibility to engage in a "formative project" that would foster persons' capacities for democratic and personal self-government;' and (2) exploring the mix of normative and empirical inquiries necessary to shape the proper goals and parameters of such a project. These tasks are relevant to my larger project of attempting to develop a synthetic, or feminist and liberal, normative account of rights, responsibilities, and governmental promotion of good, self-governing lives.2 That account argues for governmental responsibility to foster the preconditions for …
Trends In The Regulation Of Investment Companies And Investment Advisers, Tamar Frankel
Trends In The Regulation Of Investment Companies And Investment Advisers, Tamar Frankel
Faculty Scholarship
Statutes, rules and enforcement actions are tea leaves we can read to predict future trends of mutual fund regulation. While statutes and rules are specific, the trends they signify are far more speculative. This Essay engages in such speculation to envision the long-term implications of the recent new N- 1A disclosure form, I the plain English Rule,2 and the profile. 3 More generally, the Essay speculates on future trends in Securities and Exchange Commission ("Commission") enforcement, and predicts a continued and stronger use of informal enforcement by the Commission.
Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke
Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke
Faculty Scholarship
The Magaziner Report encourages the development of a consistent commercial law environment against which electronic commerce transactions may take place. The author considers the current legal landscape, noting that while many efforts are underway to codify aspects of electronic commerce, these efforts are piecemeal in nature and may lead to the very lack of uniformity against which the Magaziner Report counsels. The author then briefly considers what lessons may be learned from the drafting history of the original U.C.C. as well as proposed Article 2B (now the Uniform Computer Information Transactions Act) governing transactions in computer information. She argues that …
How Seqra Cases Fared In 1998, Michael B. Gerrard
How Seqra Cases Fared In 1998, Michael B. Gerrard
Faculty Scholarship
In the annals of the State Environmental Quality Review Act (SEQRA), 1998 should be remembered as the year when developers throughout New York State became frustrated with what they perceived as irrational requirements or excessive delays in the SEQRA process, went to court for redress, and almost uniformly lost. There were 18 attempts at such relief and one highly mixed success.
So Much For Savages: Navajo 1, Government 0 In Final Moments Of Play, Eben Moglen
So Much For Savages: Navajo 1, Government 0 In Final Moments Of Play, Eben Moglen
Faculty Scholarship
Dame i gospodo, uvaˇzene kolege, poˇcastvovan sam vaˇsim pozivom da prisustvujem ovom znaˇcajnom skupu. Danas ´cu govoriti o ograniˇcenjina baziranim na ustavnim pravima regulacije naˇse komunikacije, od strane vlade, a u interesu signorsti. Ali na kraju, kao ˇsto ´cete i vi sami shvatiti nemo puno toga da se kaˇze, samo na osnovu toga ˇsto je na´cin komunikacije nov. Pre svega treba se reˇsiti pitanje jezika. After all, every act of linguistic communication occurs in a social context. And the single most important choice that we make when we communicate with one another is the choice of the language in which …
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton
Journal Articles
Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. In particular, there has been notable progress toward the …
Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley
Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley
Journal Articles
Hans Christian Andersen's "The Ugly Duckling" is best remembered for its moral, "To be born in a duck's nest, in a farmyard, is of no consequence to a bird, if it is hatched from a swan's egg." Having read and thought about this story many times, we should like to suggest another, less heart-warming, interpretation. The story of the Ugly Duckling, that most resilient of cygnets, masks the tragedy of children who suffer abuse. Its message, that personal spirit will triumph when a child grows up, misrepresents the experience of many victimized children. If we wait for the child to …
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Educational Leadership Faculty Publications
Due to conflicting lower court judgments on the propriety of prayer at public school graduation ceremonies, this question will return to the Supreme Court. This article is divided into three major sections. Part I briefly recites the history of the Establishment Clause and education. Part II examines case law relevant to prayer at public school graduation ceremonies. This section begins with a brief examination of the cases prior to Lee. It next reviews the majority and dissenting opinions in Lee in some detail to show how the diametrically opposed views of Justices Kennedy of the majority and Scalia of the …
Do Agency Employees Have A Right To Union Representation When Questioned By An Oig Investigator? An Analysis Of Nasa V. Flra, Barbara J. Fick
Do Agency Employees Have A Right To Union Representation When Questioned By An Oig Investigator? An Analysis Of Nasa V. Flra, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case NASA v. Federal Labor Relations Authority, 527 U.S. 229 (1999). The author expected the case to raise the question of whether the Office of Inspector General within a federal agency is acting as a representative of the agency when it conducts investigatory interviews of agency employees, so as to trigger the employee's right to union representation.
Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett
Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett
Journal Articles
The "Education Reform at the Crossroads" Conference's four panels tackled the education-reform and school-choice questions from a variety of perspectives—one panel, led by Cleveland's indefatigable councilwoman and education revolutionary Ms. Fannie Lewis, explored the history and increasingly visible politics of the school-choice debate—in particular, the marked increase in support for school choice among African Americans"—while another group focused on the constitutionality of including religious schools in voucher programs and on the historical connection between anti-Catholic nativism and the common-school movement. A third panel discussed framing school-choice as a "civil rights issue" and the fourth—which included political scientist and education researcher …
What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis
What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis
Journal Articles
Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …
Constitutional Constraints On Redistribution Through Class Power, Mark Barenberg
Constitutional Constraints On Redistribution Through Class Power, Mark Barenberg
Faculty Scholarship
My comments will not be so much a critique as an elaboration of the two papers, especially Professor Neuman's paper on United States (U.S.) law, since I am not an expert on German constitutional law. For those less familiar with U.S. law, my goal is to bring to light some additional elements of the U.S. constitutional tradition that impede the use of law to achieve economic equality-elements of U.S. constitutional law that reinforce the weak "general equality" principle of the Equal Protection Clause.2 I will use U.S. labor law as my vehicle for showing the variety of constitutional principles that …
Context And Culpability In Adolescent Crime, Jeffrey A. Fagan
Context And Culpability In Adolescent Crime, Jeffrey A. Fagan
Faculty Scholarship
This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …
Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt
Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt
Faculty Scholarship
In this paper, I concentrate on the narrower, more typical topic of judicial interpretation. At least in regard to the religion clauses, this may be warranted because any progressive constitution would probably include something similar to the Free Exercise and Establishment Clauses, and these would be judicially enforceable to some degree.
The first part of this essay explores relations between progressive values and interpretive approaches. When I asked myself how a judge, committed to progressive values, would interpret the Federal Constitution, I was troubled by whether a progressive approach would be activist or restrained in relation to legislative authority. I …
The Common Law And Statutes, Peter L. Strauss
The Common Law And Statutes, Peter L. Strauss
Faculty Scholarship
Controversies about statutory interpretation and the proper roles for judges in interpretation are particularly noticeable in the Supreme Court but have penetrated downward throughout the judicial system. What I mean to explore here are some implications of our common law heritage and the presuppositions of a common law system for these controversies, that seem rarely noticed in the ongoing debates. I mean by this not only common law judging, but also what we might call common law legislating – that is, the practice of creating statutes to achieve marginal changes in existing law in response to perceived deficiencies, rather than …
Lifetime Employment: Labor Peace And The Evolution Of Japanese Corporate Governance, Ronald J. Gilson, Mark J. Roe
Lifetime Employment: Labor Peace And The Evolution Of Japanese Corporate Governance, Ronald J. Gilson, Mark J. Roe
Faculty Scholarship
In Japan, large firms' relationships with their employees differ from those prevailing in large American firms. Large Japanese firms guarantee many employees lifetime employment, and the firms' boards consist of insider employees. Neither relationship is common in the United States.
Japanese lifetime employment is said to encourage firms and employees to invest in human capital. We examine the reported benefits of the firm's promise of lifetime employment, but conclude that it is no more than peripheral to human capital investments. Rather, the "dark" side of Japanese labor practice – constricting the external labor market – likely yielded the human capital …