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Full-Text Articles in Legal History

Competition And Corporate Law: A Dialogue - The Bangor Punta And Santa Fe Options, Jan Ginter Deutsch Jan 1977

Competition And Corporate Law: A Dialogue - The Bangor Punta And Santa Fe Options, Jan Ginter Deutsch

Faculty Scholarship Series

In this imaginary dialogue between the economist and the lawyer, both attempt to analyze the recent decisions of the U.S. Supreme Court, applying the norms of their respective disciplines, and seek to derive a principle that would assist in formulating a course of action for the future. To those brought up in the classic tradition of Anglo-American law, the para­ meters employed to reach a decision in these cases may not be entirely intelligible. However, the determination of the applicable principle in the milieu of the current shift of the frontiers of law needs not only ...


Perlman V. Feldmann: A Case Study In Contemporary Corporate Legal History, Jan Ginter Deutsch Jan 1974

Perlman V. Feldmann: A Case Study In Contemporary Corporate Legal History, Jan Ginter Deutsch

Faculty Scholarship Series

When I was a law student, taking a course in introductory corporate law, what was heard around the halls was that most of corporate law would be learned if one understood Perlman v. Feldmann. I agree with that statement, and I have agreed more strongly each year I myself have taught introductory corporate law. Indeed, I now believe one would also learn a good deal about the significance of the corporation in American life during the past two decades. Unfortunately, however, it seems to me-on the basis of having read everything of which I was aware concerning one of the ...


Treaties And Executive Agreements A Reply, Edwin Borchard Jan 1945

Treaties And Executive Agreements A Reply, Edwin Borchard

Faculty Scholarship Series

The authors of the articles under reply, Messrs. McDougal and Lans, have, like McClure, essayed to show that the treaty and the executive agreement are interchangeable, and, since executive agreements are simpler to conclude, they advocate disregarding as obsolete the treaty-making power, requiring, as it does, the consent of two thirds of the Senate, and substituting for it the use of the executive agreement. In that demand they differ radically from the constitutional conclusions which the writer, as well as many other students of the subject, have reached. To give their proposal a more “democratic” tinge, the authors propose what ...