Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Antitrust (1)
- Aversion to bankruptcy (1)
- Bailouts (1)
- Bankruptcy reform (1)
- Class (1)
-
- Comparative historical analysis (1)
- Corporate reorganization (1)
- Credit crunch of 2008 (1)
- Critical (1)
- Disability (1)
- Financial crisis (1)
- Financial market regulation (1)
- Gender (1)
- Great Depression (1)
- History (1)
- Industrial Concentration (1)
- Insolvency laws (1)
- International (1)
- Investors and hope (1)
- Judicial Legitimacy (1)
- Legal History (1)
- Legal Realism (1)
- Monopoly (1)
- Policy making (1)
- Public Opinion (1)
- Race (1)
- Sexual orientation (1)
- Sherman Act (1)
- Social justice (1)
- Tax (1)
Articles 1 - 6 of 6
Full-Text Articles in Legal History
Hope In The Law, Annelise Riles
Hope In The Law, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.
Bankruptcy Phobia, David A. Skeel Jr.
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 Neal Report And The Crisis In Antitrust, Herbert J. Hovenkamp
The Neal Report And The Crisis In Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
The Neal Report, which was commissioned by Lyndon Johnson and published in 1967, is rightfully criticized for representing the past rather than the future of antitrust. Its authors completely embraced a theory of competition and industrial organization that had dominated American economic thinking for forty years, but was just in the process of coming to an end. The structure-conduct-performance (S-C-P) paradigm that the Neal Report embodied had in fact been one of the most elegant and most tested theories of industrial organization. The theory represented the high point of structuralism in industrial organization economics, resting on the proposition that certain …
The Invention Of Legal Primitivism, Steven Wilf
The Invention Of Legal Primitivism, Steven Wilf
Faculty Articles and Papers
This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Our book Critical Tax Theory: An Introduction (Cambridge University Press 2009) highlights and explains the major themes and methodologies of a group of scholars who challenge the traditional claim that tax law is neutral and unbiased. The contributors to this volume include pioneers in the field of critical tax theory, as well as key thinkers who have sustained and expanded the investigation into why the tax laws are the way they are and what impact tax laws have on historically disempowered groups. This volume will provide an accessible introduction to this new and growing body of scholarship. It will be …
The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee
The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee
College of Law - Faculty Scholarship
Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue …