Law Commons^™

The Cathedral' At Twenty-Five: Citations And Impressions, James Krier, Stewart Schwab

Stewart J Schwab

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …

Issues And Trends In Collection Development For East Asia Legal Materials, Xiaomeng Zhang, Joostaek Lee, Keiko Okuhara, Evelyn Ma

Jootaek Lee

The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.

Tsu Faculty Publication Database, David Owerbach

David Owerbach

THE TSU faculty publication database is for the years 2012-2014. The database was constructed by the Office of Research and was last updated on November 20, 2014.

Education, Complaints, And Accountability, Juan Botero, Alejandro Ponce, Andrei Shleifer

Alejandro Ponce

Better educated countries have better governments, an empirical regularity that holds in both dictatorships and democracies. A possible reason for this fact is that educated people are more likely to complain about misconduct by government officials and that more frequent complaints encourage better behavior from officials. Newly assembled individual-level survey data from the World Justice Project show that, within countries, better educated people are more likely to report official misconduct. The results are confirmed using other survey data on reporting crime and corruption. Citizen complaints might thus be an operative mechanism that explains the link between education and the quality …

Vistas Of Finance, Tom C. W. Lin

Tom C. W. Lin

Finance is undergoing a fundamental and technological shift. In the years ahead, there will inevitably be new financial characters and new financial cliffhangers. In this reply to the response of Professor Stephen Bainbridge to my article, 'The New Investor', I offer commentary on one particular new financial character, then on the general trope of cliffhangers as they relate to financial regulation.

Executive Trade Secrets, Tom C. W. Lin

Tom C. W. Lin

The law discriminates among a corporation’s secrets. In the eyes of the law, commercial secrets of corporations are legitimate secrets that deserve legal protection and nondisclosure, but personal secrets of executives are not as deserving of legal protection and nondisclosure. This divergent treatment of secrets has resulted in a legal landscape of perplexing, paradoxical paths for corporations and executives concerning executive disclosures — a precarious landscape that has left corporations and investors dangerously susceptible to revelations of private facts that shock market valuation and institutional stability.

This Article explores this divergent treatment of secrets in the context of public corporations …

Narco-Analysis And The Shifting Paradigms Of Article 20(3): A Comment On Selvi V. State Of Karnataka, Anjaneya Das

Anjaneya Das

No abstract provided.

The Corporate Governance Of Iconic Executives, Tom C. W. Lin

Tom C. W. Lin

This essay explores the special corporate governance challenges posed by iconic executives. Iconic executives are complex, bittersweet figures in corporate governance narratives. They are alluring, larger-than-life corporate figures who often govern freely. Iconic executives frequently rule like monarchs over their firms, offering lofty promises to shareholders, directors, and managers under their reign. But like many stories of powerful and influential figures, the narratives of iconic executives also contain adversity and danger. Part of the acquiescence and enchantment with such figures is rooted in the virtuous promises embodied by their presence, promises of unity, accountability, and effectiveness in corporate governance. Unfortunately, …

Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez

Richard E. Ramirez, J.D. | CFCS

No abstract provided.

Publications, Michele Faioli

Michele Faioli

No abstract provided.

Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski

Sascha Vitzthum

Within this paper we consider our results of using the Social Science Research Network (SSRN) over a period of 18 months to distribute our working papers to the research community. Our experiences have been quite positive, with SSRN serving as a platform both to inform our colleagues about our research as well as inform us about related research (through email and telephoned conversations of colleagues who discovered our paper on SSRN). We then discuss potential future directions for SSRN to consider, and how SSRN might well represent an initial revolution in 21st century academic knowledge aggregation and dissemination. Our paper …

Gay And Transgender Rights In India: Naz Foundation V. Government Of Nct Of Delhi, Anjaneya Das

Anjaneya Das

Section 377 of the Indian Penal Code, a figment of colonial creation, has criminalised ‘unnatural sexual acts’ since its application as law in 1862. Homosexuality falls within such acts and may attract punitive measures. In the previous century, legislatures and judiciaries across the globe have upheld laws criminalising homosexuality and transgender behaviour, justifying them on grounds of public decency and morality. With the advent of the contemporary epoch, the movement against the repressive and oppressive nature of Section 377 grew exponentially and reached its culmination in Naz Foundation v. Government of NCT of Delhi, wherein the Delhi High Court recognized …

Sovereignty, Law And The State Of Exception: Analysing Agamben In The Indian Context, Aditya Swarup

Aditya Swarup

No abstract provided.

Grievance Settlement Authorities: Emerging Trends, Aditya Swarup

Aditya Swarup

No abstract provided.

Constitutional Validity Of Restitution Of Conjugal Rights: Scope And Relevance, Aditya Swarup

Aditya Swarup

No abstract provided.

State Sponsored Armed Conflict: The Salwa Judum And The State Of Chattisgarh, Aditya Swarup

Aditya Swarup

No abstract provided.

Terrorism And The Rule Of Law: A Case Comment On Kartar Singh V. State Of Punjab, Aditya Swarup

Aditya Swarup

No abstract provided.

Socialism And The New Economic Order: Constitutional Perspectives, Aditya Swarup

Aditya Swarup

No abstract provided.