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Social and Behavioral Sciences Commons™
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Articles 1 - 12 of 12
Full-Text Articles in Social and Behavioral Sciences
Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody
Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody
All Faculty Scholarship
A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps limited …
No Way To Run And "Airline": Surviving An Air Ambulance Ride, Henry Perritt
No Way To Run And "Airline": Surviving An Air Ambulance Ride, Henry Perritt
All Faculty Scholarship
No abstract provided.
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
All Faculty Scholarship
We claim that there are important cases of “incommensurability” in public policymaking, in which all relevant reasons are not always comparable on a common scale as better, worse, or equally good. Courts often fail to confront this. We are by no means the first to contend that incommensurability exists. Yet incommensurability’s proponents have failed to sway the courts mainly because they overlook the fact that there are two types of incommensurability. The first (“incompleteness incommensurability”) consists of the lack of any appropriate metric for making the comparison. We argue that this type of incommensurability is relatively unproblematic in that courts …
Downstream Securities Regulation, Anita Krug
Downstream Securities Regulation, Anita Krug
All Faculty Scholarship
Securities regulation wears two hats. Its “upstream” side governs firms in connection with their obtaining financing in the securities markets. That is, it regulates firms’ and issuers’ offers and sales of securities, whether in public offerings to retail investors or in private offerings to institutional investors. Its “downstream” side, by contrast, governs financial services providers, who assist with investors’ activities in those markets. Their services include providing advice regarding securities investments, as investment advisers do; aggregating investors’ assets for purposes of enabling those investors to invest their assets collectively, as mutual funds do; and acting as “middlemen” between buyers and …
Escaping Entity-Centrism In Financial Services Regulation, Anita Krug
Escaping Entity-Centrism In Financial Services Regulation, Anita Krug
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In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entitycentric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …
The Ecological Advantages Of Nuclear Power, Fred P. Bosselman
The Ecological Advantages Of Nuclear Power, Fred P. Bosselman
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Major electric utilities are deciding whether to build nuclear power plants. How will their decision affect ecological processes and systems, both in the United States and globally? The article makes three arguments: (1) if nuclear power plants are not built, the gap will be filled by more coal-fired power plants; (2) the impact of coal-fired power plants on ecological processes and systems is likely to be increasingly disastrous; and (3) nuclear power’s ecological impacts are likely to be neutral or even positive.
Planning For A Bull Market For Wetlands, Fred P. Bosselman
Planning For A Bull Market For Wetlands, Fred P. Bosselman
All Faculty Scholarship
Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to …
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
A Role For State Planning, Fred P. Bosselman
A Role For State Planning, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman
The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman
Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman
Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.