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Articles 7621 - 7650 of 8399
Full-Text Articles in Entire DC Network
The Corporate Governance Movement, Daniel R. Fischel
The Corporate Governance Movement, Daniel R. Fischel
Articles
In the past decade a number of commentators have argued that corporations have failed to meet their responsibilities to shareholders and the public. To remedy this perceived failure, these commentators have advocated a variety of corporate governance proposals. In this Article Professor Fischel challenges the notion that any problem exists in the current mode of corporate governance. He contends that reformers have wrongly assumed the existence of a "problem" because of their failure to understand the economic theory underlying the corporate form of firm organization. Professor Fischel argues further that no empirical evidence exists to support the contentions of advocates …
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Articles
No abstract provided.
Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie
Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie
Articles
No abstract provided.
Ways Of Criticizing The Court, Frank H. Easterbrook
Ways Of Criticizing The Court, Frank H. Easterbrook
Articles
Critics have attacked Supreme Court decisions not only for their substance, but also for their structure and inconsistency. Professor Easterbrook responds to these critics by arguing, first, that the increasing caseload of the judiciary, coupled with the techniques of Supreme Court case selection, makes more fractured decisions inevitable. Second, Professor Easterbrook applies Arrow's Theorem to show that it is impossible for critics to demand consistent decisions from the Supreme Court without requiring it to sacrifice its essential institutional nature.
The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler
The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler
Articles
No abstract provided.
Rules, Standards, And The Battle Of The Forms: A Reassessment Of §2-207, Douglas G. Baird, Robert Weisberg
Rules, Standards, And The Battle Of The Forms: A Reassessment Of §2-207, Douglas G. Baird, Robert Weisberg
Articles
No abstract provided.
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Auctions And Sunk Costs In Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Auctions And Sunk Costs In Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Securities And Secrets: Insider Trading And The Law Of Contracts, Saul Levmore
Securities And Secrets: Insider Trading And The Law Of Contracts, Saul Levmore
Articles
No abstract provided.
Self-Assessed Valuation Systems For Tort And Other Law, Saul Levmore
Self-Assessed Valuation Systems For Tort And Other Law, Saul Levmore
Articles
No abstract provided.
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Articles
No abstract provided.
Identifying Section 306 Stock: The Sleeping Beauty Of Revenue Ruling 66-332, Saul Levmore
Identifying Section 306 Stock: The Sleeping Beauty Of Revenue Ruling 66-332, Saul Levmore
Articles
No abstract provided.
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Articles
No abstract provided.
Excessive Sanctions For Governmental Misconduct In Criminal Cases, Richard A. Posner
Excessive Sanctions For Governmental Misconduct In Criminal Cases, Richard A. Posner
Articles
No abstract provided.
Musings On Form And Substance In Taxation (Reviewing Boris I. Bittker, Federal Taxation Of Income, Estates And Gifts (1981)), Joseph Isenbergh
Musings On Form And Substance In Taxation (Reviewing Boris I. Bittker, Federal Taxation Of Income, Estates And Gifts (1981)), Joseph Isenbergh
Articles
No abstract provided.
The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton
The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton
Articles
No abstract provided.
Air Pollution Control In West Germany, David P. Currie
Section 1983 And The Private Enforcement Of Federal Law, Cass R. Sunstein
Section 1983 And The Private Enforcement Of Federal Law, Cass R. Sunstein
Articles
No abstract provided.
Separation Of Functions: Obscurity Preserved, Antonin Scalia
Separation Of Functions: Obscurity Preserved, Antonin Scalia
Articles
No abstract provided.
The Two Faces Of Federalism, Antonin Scalia
The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel
The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel
Articles
A criminal jury of fewer than 6 members and a jury in which 5 out of 6 can find a verdict were held unconstitutional by the U.S. Supreme Court for failing to meet the requirements of due process as mandated by the Fourteenth Amendment. In four states-Michigan is one of them-the 5 out of 6jury is the standard civil jury. Two questions are raised: first, whether such a jury violates the Michigan state constitution; second, whether such a 5 out of 6 civil jury violates the federal Constitution even though the civil jury is not protected by the Fourteenth Amendment.
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law, John H. Langbein, Lawrence W. Waggoner
Articles
No abstract provided.
International Trial Observers, David Weissbrodt
International Trial Observers, David Weissbrodt
Articles
Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White
Articles
Diligent first year law students study contract law with a passion previously reserved for romantic objects and religious idols. Their professors lead them in extensive and difficult intellectual explorations of the wilds of contract law. There are careful analyses of why damage recovery X will stimulate performance Y, why recovery A is appropriate to encourage the aggrieved party to return to the market, and so on and so forth. Lurking behind this year long analysis are several inarticulate hypotheses: that they make rational evaluations of the threat of legal sanctions; that they respond in other varied and subtle ways to …
The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman
Articles
No abstract provided.
Beyond Sindell: Relaxation Of Cause-In-Fact Rules For Indeterminate Plaintiffs, Richard Delgado
Beyond Sindell: Relaxation Of Cause-In-Fact Rules For Indeterminate Plaintiffs, Richard Delgado
Articles
Discusses a doctrine the Sindell rule enabling plaintiffs to shift the burden of proof onto several defendants when all of them have exposed him or her to a risk which has eventuated but the plaintiff is uncertain which one is to blame for the injury Proposes extending this rule in the mirorimage case when an indeterminate plaintiff is one of several living in a locality who have suffered similar injuries some of which may be due to natural causes but others of which are known to be attributable to the defendant such as a polluter who has caused an increase …
Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David Yellen
Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David Yellen
Articles
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against job applicants or employees on the basis of race, color, religion, sex, or national origin. The statute proscribes both intentional discrimination and facially neutral selection devices that disproportionately exclude members of minority groups from certain jobs and are unrelated to job performance. Proponents of the "bottom line defense" argue that even where the plaintiff proves that a particular step in the hiring or promotion process disparately affects minorities, title VII is not violated if the employer demonstrates that the result of the entire selection process, the …
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
The Moralist As Expert Witness, Richard Delgado, Peter Mcallen
Articles
No abstract provided.
Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar
Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar
Articles
Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …