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Articles 1 - 3 of 3
Full-Text Articles in Legal History
Western Water: The Ethical And Spiritual Questions, Charles Wilkinson
Western Water: The Ethical And Spiritual Questions, Charles Wilkinson
Publications
No abstract provided.
The Discretionary Power Of "Public" Prosecutors In Historical Perspective, Carolyn B. Ramsey
The Discretionary Power Of "Public" Prosecutors In Historical Perspective, Carolyn B. Ramsey
Publications
Norms urging prosecutors to seek justice by playing a quasi-judicial role and striving for fairness to defendants are often assumed to have deep historical roots. Yet, in fact, such a conception of the prosecutor's role is relatively new. Based on archival research on the papers of the New York County District Attorney's Office, "The Discretionary Power of 'Public' Prosecutors in Historical Perspective" explores the meaning of the word "public" as it applied to prosecutors in the nineteenth century. This article shows that, in the early days of public prosecution, district attorneys were expected to maximize convictions and leave defendants' rights …
Stakeholder Protection In Germany And Japan, Mark J. Loewenstein
Stakeholder Protection In Germany And Japan, Mark J. Loewenstein
Publications
This Essay considers the stakeholder debate in the context of the German and Japanese legal systems. Although, nominally, corporations in those countries must operate in the interests of shareholders, in fact nonshareholder constituencies have considerable influence on corporate decision makers. Of equal importance, weak securities markets and ineffective or nonexistent legal protections for shareholders are also important factors in strengthening the position of nonshareholder constituencies and freeing directors to consider their interests. Thus, the stakeholder debate is more of an issue in the United States and Britain, where more shareholder-centic models flourish.