Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 44

Full-Text Articles in Legal History

Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia Oct 2014

Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

While Islamic scriptures clearly prohibit profiting from the poor, supposedly sharī'ah-compliant Islamic financial and exchange laws circumvent prohibitions and limitations on ribā, monopolism, debt, and risk while failing to address the fundamental purpose behind the prohibitions—mitigating poverty. This work provides a historical survey of the principles that shape Islamic finance and exchange laws, reviews classical and modern interpretations and practices in the banking and exchange sectors, and suggests a normative model rooted in the interpretation of Islamic sources of law reconstructed from paradigmatic cases. Financial systems that overlook the nexus between poverty and usury harm both the economy and poor …


Bankruptcy Phobia, David A. Skeel Jr. Jul 2009

Bankruptcy Phobia, David A. Skeel Jr.

All Faculty Scholarship

As the recent economic crisis has unfolded, bankruptcy has offered possible solutions at several key junctures. The first of these solutions, often referred to as mortgage modification, was geared toward homeowners who faced the loss of their homes in the months—now several years—since the start of the subprime crisis On the corporate side, Chapter 11 was an obvious alternative when large nonbank financial institutions like Bear Stearns and AIG stumbled in 2008. But regulators repeatedly balked, and the one exception to the avoidance of bankruptcy at all costs—Lehman Brothers—was anomalous. This aversion to bankruptcy, which seems to pervade all sides …


The Ancient Roots Of Modern Financial Innovation: The Early History Of Regulatory Arbitrage, Michael S. Knoll Jan 2008

The Ancient Roots Of Modern Financial Innovation: The Early History Of Regulatory Arbitrage, Michael S. Knoll

All Faculty Scholarship

Recent years have seen an explosion of financial innovation. Much of this innovation seeks to exploit inconsistencies in the regulatory environment, and one of the most popular techniques for doing so uses put-call parity. Nonetheless, regulatory arbitrage using put-call parity is not a new phenomenon, as is frequently suggested. This Essay traces the use of put-call parity to avoid the usury prohibition back to Ancient Israel. It also describes the important role that put-call parity played in developing the equity of redemption, the defining characteristic of a modern mortgage, in Medieval England. In addition, this Essay describes how Muslims living …


Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine And How A Too-Clever Congress Could Provoke It To Do So, Mitchell N. Berman Jan 2003

Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine And How A Too-Clever Congress Could Provoke It To Do So, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.


The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton Jul 1989

The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton

All Faculty Scholarship

No abstract provided.


Proposals For Promoting Water Reallocation And Efficiency, Gary D. Weatherford Jun 1986

Proposals For Promoting Water Reallocation And Efficiency, Gary D. Weatherford

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

4 pages.


Water Conservation Through Integrated Basinwide Implementation, Steven J. Shupe Jun 1986

Water Conservation Through Integrated Basinwide Implementation, Steven J. Shupe

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

12 pages.


After The Concrete Sets: The Future Role Of The Bureau Of Reclamation In Western Water Management, John D. Leshy Jun 1986

After The Concrete Sets: The Future Role Of The Bureau Of Reclamation In Western Water Management, John D. Leshy

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

23 pages.

Contains references.


Keep The Farmer Farming—How To Eat Your Water Cake And Have It Too, Raphael J. Moses Jun 1986

Keep The Farmer Farming—How To Eat Your Water Cake And Have It Too, Raphael J. Moses

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

14 pages.

Contains references.


Special Water Districts: Their Role In Western Water Use, Timothy De Young Jun 1986

Special Water Districts: Their Role In Western Water Use, Timothy De Young

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

11 pages.

Contains references.


Policies To Enhance Western Water Use Efficiency: Best Of The West, Bruce C. Driver Jun 1986

Policies To Enhance Western Water Use Efficiency: Best Of The West, Bruce C. Driver

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.


Water Use And The Prior Appropriation Doctrine, George A. Gould Jun 1986

Water Use And The Prior Appropriation Doctrine, George A. Gould

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

24 pages.


Toward Optimal Utilization Of Water Resources: The “Physical Solution", Harrison C. Dunning Jun 1986

Toward Optimal Utilization Of Water Resources: The “Physical Solution", Harrison C. Dunning

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.


The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke Jun 1986

The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

48 pages.


Innovative Approaches To Water Allocation: The Potential For Water Markets, Charles W. Howe Jun 1986

Innovative Approaches To Water Allocation: The Potential For Water Markets, Charles W. Howe

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

20 pages.


Facilitating Voluntary Water Transfers In California, James T. Markle Jun 1986

Facilitating Voluntary Water Transfers In California, James T. Markle

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

28 pages.

Contains references.


Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford Jun 1986

Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.


Changing The Use Of Water Rights In Colorado: Recent Experience, John Wittemyer Jun 1986

Changing The Use Of Water Rights In Colorado: Recent Experience, John Wittemyer

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

38 pages.


Potential Improvements In Irrigation Management Practices: Water Savings And Costs, James R. Gilley Jun 1986

Potential Improvements In Irrigation Management Practices: Water Savings And Costs, James R. Gilley

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

26 pages.


Water Development And Acquisition For A Municipal Supply, Tom Griswold Jun 1986

Water Development And Acquisition For A Municipal Supply, Tom Griswold

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.


A Case Study: Imperial Valley, California, Dennis B. Underwood Jun 1986

A Case Study: Imperial Valley, California, Dennis B. Underwood

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

22 pages.


Least Cost Approaches For Satisfying Water Demand: An Alternatives Analysis, Zach Willey Jun 1986

Least Cost Approaches For Satisfying Water Demand: An Alternatives Analysis, Zach Willey

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

27 pages.

Contains references.


Changing Patterns Of Water Use In The West: Pressures On The System, David H. Getches Jun 1986

Changing Patterns Of Water Use In The West: Pressures On The System, David H. Getches

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

17 pages.


Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels Jun 1986

Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

38 pages (includes maps).


Opportunities For Improving The Ways We Use Water, Thomas M. Stetson Jun 1986

Opportunities For Improving The Ways We Use Water, Thomas M. Stetson

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

40 pages.

Contains references.


Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center Jun 1986

Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell and David H. Getches.

This conference featured luncheon talks by Colorado Governor Richard D. Lamm and Undersecretary of the Department of the Interior Ann McLaughlin. The conference attracted 115 registrants from 19 states plus the District of Columbia.


Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars Jun 1985

Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Contains footnotes.


Water Project Financing Needs In Colorado, J. William Mcdonald Jun 1985

Water Project Financing Needs In Colorado, J. William Mcdonald

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson Jun 1985

Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson

Western Water Law in Transition (Summer Conference, June 3-5)

4 pages.

Contains text of Colorado House Bill No.1088, as amended 4/15/85.


The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell Jun 1985

The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell

Western Water Law in Transition (Summer Conference, June 3-5)

20 pages.

Contains references.