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Articles 1 - 9 of 9
Full-Text Articles in Jurisprudence
The Lost Cause Of Free Speech, Mary Anne Franks
Team Production Revisited, William Wilson Bratton
Team Production Revisited, William Wilson Bratton
Articles
This Article reconsiders Margaret Blair and Lynn Stout's team production model of corporate law, offering a favorable evaluation. The model explains both the legal corporate entity and corporate governance institutions in microeconomic terms as the means to the end of encouraging investment, situating corporations within markets and subject to market constraints but simultaneously insisting that productive success requires that corporations remain independent of markets. The model also integrates the inherited framework of corporate law into an economically derived model of production, constructing a microeconomic description of large enterprises firmly rooted in corporate doctrine but neither focused on nor limited by …
Team Production Revisited, William W. Bratton
Team Production Revisited, William W. Bratton
Articles
This Article reconsiders Margaret Blair and Lynn Stout's team production model of corporate law, offering a favorable evaluation. The model explains both the legal corporate entity and corporate governance institutions in microeconomic terms as the means to the end of encouraging investment, situating corporations within markets and subject to market constraints but simultaneously insisting that productive success requires that corporations remain independent of markets. The model also integrates the inherited framework of corporate law into an economically derived model of production, constructing a microeconomic description of large enterprises firmly rooted in corporate doctrine but neither focused on nor limited by …
Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave
Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave
Articles
This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.
All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen
All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen
Articles
Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
Articles
No abstract provided.
Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
Articles
No abstract provided.
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Articles
No abstract provided.
The Interaction Of Religion, Law, And Politics In Western Society: Its Historical Character And Influence, Simeon L. Guterman
The Interaction Of Religion, Law, And Politics In Western Society: Its Historical Character And Influence, Simeon L. Guterman
University of Miami Law Review
No abstract provided.