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U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

Race And Gender Discrimination In Bargaining For A New Car, Peter Siegelman, Ian Ayres

Faculty Articles and Papers

More than 300 paired audits at new-car dealerships receal that dealers quoted significantly lower prices to white males than to black or female test buyers using identical, scripted bargaining strategies. Ancillary ecidence suggests that the dealerships' disparate treatment of women and blacks may be caused by dealers' statistical inferences about consumers' resercation prices, but the data do not strongly support any single theory of discrimination.

Privatization At The Crossroad Of Latvia's Economic Reform, Sandra Berzups

ILSA Journal of International & Comparative Law

Latvia regained its independence from the former Soviet Union in August 1991. Since then, it has begun the slow and arduous path of replacing the centrally-planned, socialist system with an economic structure based on free-market principles. Latvia began this transition "in a difficult environment characterized by macroeconomic imbalances inherited from four decades of central planning and disruptions caused by a sharp contraction of trade with Russia and other states of the former Soviet Union."

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …

In Defence Of Exploitation, Justin Schwartz

Justin Schwartz

The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.

This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …

Reinventing Labor Law: A Rejoinder, Tamara Lothian

Tamara Lothian

No abstract provided.

The Democratized Market Economy In Latin America (And Elsewhere): An Exercise In Institutional Thinking Within Law And Political Economy, Tamara Lothian

Tamara Lothian

No abstract provided.

The Criticism Of The Third-World Debt And The Revision Of Legal Doctrine, Tamara Lothian

Tamara Lothian

No abstract provided.

Cuestiones Sobre La Cambial En Blanco Y Las Alteraciones Del Título En Un Fallo De La Suprema Corte De Justicia De Buenos Aires, Martin Paolantonio

Martin Paolantonio

Breve nota fallo del Tribunal Superior de la Provincia de Buenos Aires, sobre el régimen jurídico aplicable al título librado en blanco y los efectos testaduras o alteraciones del texto

El Derecho De Suscripción Preferente Y Las Acciones En Cartera De La Sociedad. La Enajenación De La Autocartera, Martin Paolantonio

Martin Paolantonio

Análisis sobre la inconveniencia de extender el derecho de suscripción preferente a las acciones en cartera de la sociedad

Fondos Comunes De Inversión Y Protección Del Ahorrista: Una Asignatura Pendiente, Martin Paolantonio

Martin Paolantonio

Primera aproximación en la doctrina argentina sobre la aplicación de la legislación de defensa del consumidor en operaciones de mercado de capitales. Análisis de las falencias en materia de tutela de los cuotapartistas de fondos comunes de inversión

La Representación En Materia Cambiaria, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis de las diferentes cuestiones que se plantean en materia de representación en los títulos valores cambiarios, incluyendo las derivadas de la actuación de sociedades comerciales

La Resolución General 262 De La Cnv Y La Compra De Sus Propias Acciones Por Las Sociedades Anónimas, Martin Paolantonio

Martin Paolantonio

Análisis de la RG 262 de la CNV y el régimen de compra de acciones propias por sociedades en el ámbito de la oferta pública

Las Acciones De Responsabilidad Patrimonial Contra Terceros En La Quiebra, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis de las diferentes acciones de responsabilidad patrimonial en la quiebra luego de las reformas de la ley 24522

Oponibilidad De La Inexistencia De La Cuenta Corriente Bancaria En El Proceso Ejecutivo, Martin Paolantonio

Martin Paolantonio

Nota a fallo que acepta como defensa en el juicio ejecutivo la defensa de inexistencia del contrato de cuenta corriente

Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker

Katharine K. Baker

Section I of this article defines the contours of the natural resource damage cause of action by explaining who sues, on whose behalf they sue, and for what they sue. It is in this section that I take issue with the environmentalists' claim that trees should have standing and the economists' claim that the right at stake is a property right. Section II explores the nature of the human connection to the environment, how that connection is affected by natural resource damage loss, and why it is legitimate to compensate for the loss of that connection. Analysis of the subjective …

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

The Economics Of Canadian National Railway V. Norsk Pacific Steamship (The Jervis Crown), David S. Cohen

Elisabeth Haub School of Law Faculty Publications

Economic analysis of legal doctrine assumes, indeed its relevance largely depends upon the assumption, that judicial decisions will have an instrumental impact on the future behaviour of firms and individuals who are not themselves parties to the litigation which resulted in the specific doctrinal development being analysed. In other words, economic analysis assumes that the decisions of courts - and particularly, for what should be obvious reasons, the decisions of the Supreme Court of Canada - have a direct influence upon the manner in which non-litigants will choose to order their affairs following that decision. Thus, the focus of a …

Disciplining Managers: Shareholder Cooperation In The Shadow Of Shareholder Competition, Manuel A. Utset

Scholarly Publications

No abstract provided.

Producing Information: Initial Public Offerings, Production Costs, And The Producing Lawyer, Manuel A. Utset

Scholarly Publications

No abstract provided.

The Discipline Of Institutions And The Disciplining Of Banks, Manuel A. Utset

Scholarly Publications

No abstract provided.

Towards A Bargaining Theory Of The Firm, Manuel A. Utset

Scholarly Publications

No abstract provided.

New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade

Articles in Law Reviews & Other Academic Journals

This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.

Shareholder Dividend Options, Zohar Goshen

Faculty Scholarship

This Article proposes a legal norm that shifts discretion over dividend policy from managers to the capital markets (i.e., shareholders). State corporate law could effect such a shift by adopting a rule that mandates shareholder control over the dividend decision. The rule would require every firm to adopt an option mechanism that, at predetermined dates, provided each of the firm's shareholders with the right to select either cash or stock dividends in an amount equal to the shareholder's pro rata share of the firm's earnings. For instance, the law might require that, once a year, the firm offer to each …

The Selection Of Employment Discrimination Disputes For Litigation: Using Business Cycle Effects To Test The Priest-Klein Hypothesis, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Employment discrimination cases filed during recessions are more likely to settle after filing and less likely to be won by plaintiffs than those filed when the economy is strong. This model of litigation confirms two predictions of the Priest-Klein model of litigation. First, relatively weak cases (for either party) should be more likely to settle. Second, the party with the greater stake in litigation will have the higher win rate in adjudicated disputes; the special case of even stakes produces a 50 percent plaintiff win rate. The settlement process does not produce complete selection, however: the strong version of the …

Economics As One Of The Humanities; An Ecumenical Response To Weisberg, West, And White, Paul J. Heald

Scholarly Works

The Law and Literature movement seems to have a deadly adversary: the Law and Economics movement. Several of the most respected literary lawyers have recently argued that economic discourse subverts the goals of humanistic scholarship. Richard Weisberg decries, for example, “the insurgency of ‘free market’ economics, a disgracefully self-serving system of ethical reductionism and human evasion [that has] attracted masses of practitioners away from the essence of their fields, away from the passions, the hopes, the reality of the world around them.” Robin West has criticized “economic man” for his “empathic impotence,” and has suggested replacing him with a more …

Foreword, J. Dennis Hynes

Publications

No abstract provided.

Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff

Faculty Publications

Events in recent decades have dramatized the need for labor attention beyond narrow issues of wages and working conditions. In the face of widespread industrial disinvestment, unions have been hard-pressed to protect the job status or employment, or the future of their members. At the same time, the developing labor law has narrowed the range of bargaining opportunities for unions to affect corporate decisions-the very decisions that result in job dislocations and corporate transformations. The effectiveness of strikes has been undermined by growing use of permanent replacement workers.

To thrive in the coming decades, unions must carve out a new …

Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.