Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (4)
- Comparative and Foreign Law (3)
- Law and Society (3)
- Intellectual Property Law (2)
- Taxation-Federal (2)
-
- International Humanitarian Law (2)
- Social and Behavioral Sciences (2)
- Economics (2)
- Immigration Law (2)
- Taxation-Transnational (2)
- Business Organizations Law (2)
- International Law (2)
- Tax Law (2)
- Law and Economics (2)
- Organization Development (2)
- Law and Gender (1)
- Law and Psychology (1)
- Growth and Development (1)
- Civil Rights and Discrimination (1)
- Business (1)
- Entrepreneurial and Small Business Operations (1)
- Courts (1)
- Criminal Procedure (1)
- Commercial Law (1)
- Consumer Protection Law (1)
- Banking and Finance Law (1)
- Economic History (1)
- Law Enforcement and Corrections (1)
- Evidence (1)
- Keyword
-
- History (3)
- Treaties (3)
- Income tax (2)
- Refugee Convention (2)
- Corporate tax (2)
-
- United Nations High Commissioner for Refugees (2)
- Refugees (2)
- Asylum (2)
- Corporations (2)
- Context (1)
- Consumers (1)
- Corporate governance (1)
- Borders (1)
- Agglomeration (1)
- Arm's length standard (1)
- China (1)
- Company law (1)
- Credit cards (1)
- Death row (1)
- Behavior (1)
- Banks (1)
- Biotechnology (1)
- Creditors (1)
- Chinitz (1)
- DNA testing (1)
- Case studies (1)
- Corporate legislation (1)
- Confirmation bias (1)
- Civil rights (1)
- Consumer bias (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
Patents And Regulatory Exclusivity, Rebecca S. Eisenberg
Patents And Regulatory Exclusivity, Rebecca S. Eisenberg
Book Chapters
This article reexamines the sources of exclusivity for drugs, considers their limitations, and evaluates exclusivity under the new biologics legislation in light of these limitations. The current overlapping legal protections for exclusivity in the pharmaceutical marketplace reflect a series of political compromises, repeatedly renegotiated to correct for unintended consequences in the previous version of the rules. Patents and patent challenges play a central role in this system of protection, and many of the patents at stake are ultimately held invalid in litigation. It is not easy to untangle a complex legal regime that allocates billions of dollars of profits. But ...
Pathway To Minority Shareholder Protection: Derivative Actions In The People's Republic Of China, Donald C. Clarke, Nicholas C. Howson
Pathway To Minority Shareholder Protection: Derivative Actions In The People's Republic Of China, Donald C. Clarke, Nicholas C. Howson
Book Chapters
Using a dataset of Chinese judicial opinions arising in over fifty cases, this paper analyses the development and current implementation of shareholder derivative actions in the courts of the People’s Republic of China (“PRC”), both before and after the derivative lawsuit was explicitly authorized in the PRC’s 2006 Company Law effective January 1, 2006. In addition, we describe the very unique ecology of enterprise organization and corporate governance in modern China, and critique the formal design of the derivative action and offer reform suggestions. We find the design of the Chinese derivative lawsuit to be, in some respects ...
Behaviorally Informed Regulation, Michael S. Barr, Sendhil Mullainathan, Eldar Shafir
Behaviorally Informed Regulation, Michael S. Barr, Sendhil Mullainathan, Eldar Shafir
Book Chapters
Policy makers typically approach human behavior from the perspective of the rational agent model, which relics on normativc, a priori analyses. The model assumes people make insightful, well-planned, highly controlled, and calculated decisions guided by considerations of personal utility. This perspective is promoted in the social sciences and in professional schools and has come to dominate much of the formulation and conduct of policy. An alternative view, developed mostly through empirical behavioral research, and the one we will articulate here, provides a substantially difierent perspective on individual behavior and its policy and regulatory implications. According to the empirical perspective, behavior ...
Refugees And Asylum, James C. Hathaway
Refugees And Asylum, James C. Hathaway
Book Chapters
During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely self-interested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection and ...
Transfer Pricing Disputes In The United States, Reuven S. Avi-Yonah
Transfer Pricing Disputes In The United States, Reuven S. Avi-Yonah
Book Chapters
In 1988, the US Treasury Department published a study of inter-company pricing (the 'White Paper') that included the following endorsement of the so-called arm's length standard (ALS) for examining the reasonableness of transactions between related parties for tax purposes: The arm's length standard is embodied in all U.S. tax treaties; it is in each major model treaty, including the U.S. Model Convention; it is incorporated into most tax treaties to which the United States is not a party; it has been explicitly adopted by international organizations that have addressed themselves to transfer pricing issues; and virtually ...
Refugees And Asylum, James C. Hathaway
Refugees And Asylum, James C. Hathaway
Book Chapters
During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely selfinterested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection and ...
False Convictions, Phoebe C. Ellsworth, Samuel R. Gross
False Convictions, Phoebe C. Ellsworth, Samuel R. Gross
Book Chapters
False convictions have received a lot of attention in recent years. Two-hundred and forty-one prisoners have been released after DNA testing has proved their innocence, and hundreds of others have been released without DNA evidence. We now know quite a bit more about false convictions than we did thirty years ago - but there is much more that we do not know, and may never know.
Equality, Susanne Baer
Equality, Susanne Baer
Book Chapters
This article first discusses key equality guarantees in law today. It then focuses on different understandings of the right to equality: as either a principle or an individually enforceable claim (the status); as an ‘empty idea’, a rationality test, or a ‘substantive’ right (the content); as a right of individuals or for groups (who bears the right?). It next examines equality as categorically distinctly structured as opposed to or as similar to other liberty interests (the test); as a general entitlement or as a specific guarantee to address particular inequalities, either separate or intersecting (the inequalities); and as general or ...
Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott
Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott
Book Chapters
When is it appropriate to apply the term ‘slavery’—a concept that appears to rest on a property right—to patterns of exploitation in contemporary society, when no state extends formal recognition to the possibility of the ownership of property in a human being? Historians, who generally position themselves as enemies of anachronism, may be particularly resistant to the use of an ancient term to describe a twenty-first century reality. And jurists have often been understandably reluctant to employ a word whose historical meaning was so closely tied to a specific property relationship that has long since been abolished in ...
The Tax Revenue Capacity Of The U.S. Economy, James R. Hines Jr.
The Tax Revenue Capacity Of The U.S. Economy, James R. Hines Jr.
Book Chapters
The United States imposes smaller tax burdens than do other large high-income countries, its 24.8 percent ratio of tax collections to GDP in 2010 representing the lowest fraction among the G-7. The United States also differs from other G-7 countries in relying relatively little on expenditure-type taxes. It follows that there is significant unused tax capacity in the United States that could be deployed to pay the country’s debts, but that the most promising source of additional tax revenue is expenditure taxation that is widely perceived to have very different distributional features than the income taxes on which ...
Contrasts In Innovation: Pittsburgh Then And Now, Michael J. Madison
Contrasts In Innovation: Pittsburgh Then And Now, Michael J. Madison
Book Chapters
Assessments of the relationship among law, innovation, and economic growth often begin with one or more propositions of law or law practice and predict how changes might affect innovation or business practice. This approach is problematic when applied to questions of regional economic development, because historic and contemporary local conditions vary considerably. This paper takes a different tack. It takes a snapshot of one recovering post-industrial economy, in Pittsburgh, Pennsylvania, USA. For most of the 20th century, Pittsburgh's steelmakers were leading examples worldwide of American economic prowess. Pittsburgh was so vibrant with industry that a late 19th century travel ...
Internation Equity And Human Development, Anthony C. Infanti
Internation Equity And Human Development, Anthony C. Infanti
Book Chapters
No abstract provided.