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Articles 13351 - 13380 of 20105
Full-Text Articles in Entire DC Network
In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer
In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer
Articles
No abstract provided.
A Social Networks Theory Of Privacy, Lior Strahilevitz
A Social Networks Theory Of Privacy, Lior Strahilevitz
Articles
What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …
Disparities And Discrimination In Health Care Coverage: A Critique Of The Institute Of Medicine Study, Richard A. Epstein
Disparities And Discrimination In Health Care Coverage: A Critique Of The Institute Of Medicine Study, Richard A. Epstein
Articles
No abstract provided.
Property As Entrance, Eduardo Peñalver
The Boilerplate Puzzle, Douglas G. Baird
Substantive Consolidation Today, Douglas G. Baird
Substantive Consolidation Today, Douglas G. Baird
Articles
In large corporate reorganizations, bankruptcy judges often confirm plans of reorganization that call for "substantive consolidation" of the different corporate entities comprising the corporate group. Substantive consolidation allows the general creditors of the various entities to share in a common pool of assets; it often simplifies a reorganization and wins broad support among the creditors. Nevertheless, a statutory basis for the doctrine is hard to find, and the lower court practice is often at odds with the doctrine as spelled out in appellate court opinions. The emerging debate over the proper scope of substantive consolidation shows how much bankruptcy law …
Serial Entrepreneurs And Small Business Bankruptcies, Douglas G. Baird, Edward Morrison
Serial Entrepreneurs And Small Business Bankruptcies, Douglas G. Baird, Edward Morrison
Articles
Chapter 11 is thought to preserve the going-concern surplus of a financially distressed business-the extra value that its assets possess in their current configuration. Financial distress leads to conflicts among creditors that can lead to inefficient liquidation of a business with going-concern surplus. Chapter 11 avoids this by providing the business with a way of fashioning a new capital structure. This account of Chapter 11 fails to capture what is happening in the typical case. The typical Chapter 11 debtor is a small corporation whose assets are not specialized and rarely worth enough to pay tax claims. There is no …
Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill
Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill
Articles
The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …
Pets Or Meat, Mary Anne Case
Contract And Copyright, Frank H. Easterbrook
Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein
Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein
Articles
No abstract provided.
What (Not) To Do About Obesity: A Moderate Aristotelian Answer, Richard A. Epstein
What (Not) To Do About Obesity: A Moderate Aristotelian Answer, Richard A. Epstein
Articles
No abstract provided.
Contractual Principle Versus Legislative Fixes: Coming To Closure On The Unending Travails Of Medical Malpractice, Richard A. Epstein
Contractual Principle Versus Legislative Fixes: Coming To Closure On The Unending Travails Of Medical Malpractice, Richard A. Epstein
Articles
No abstract provided.
Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein
Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein
Articles
No abstract provided.
Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein
Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein
Articles
No abstract provided.
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
Articles
No abstract provided.
Monopoly Dominance Or Level Playing Field - The New Antitrust Paradox, Richard A. Epstein
Monopoly Dominance Or Level Playing Field - The New Antitrust Paradox, Richard A. Epstein
Articles
No abstract provided.
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
Articles
No abstract provided.
Rules, The New Standards: Partisan Gerrymandering And Judicial Manageability After Vieth V. Jubelirer, Justin Driver
Rules, The New Standards: Partisan Gerrymandering And Judicial Manageability After Vieth V. Jubelirer, Justin Driver
Articles
No abstract provided.
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
Articles
No abstract provided.
Cordell Hull, The Reciprocal Trade Agreements Act, And The Wto: An Essay On The Concept Of Rights In International Trade, Kenneth W. Dam
Cordell Hull, The Reciprocal Trade Agreements Act, And The Wto: An Essay On The Concept Of Rights In International Trade, Kenneth W. Dam
Articles
No abstract provided.
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Articles
No abstract provided.
The Right To Destroy, Lior Strahilevitz
Taxing Obesity - Or Perhaps The Opposite, Saul Levmore
Empirical Economics And The Study Of Punishment And Crime, Thomas J. Miles
Empirical Economics And The Study Of Punishment And Crime, Thomas J. Miles
Articles
No abstract provided.
Derivatives And The Bankruptcy Code: Why The Special Treatment?, Edward Morrison, Franklin R. Edwards
Derivatives And The Bankruptcy Code: Why The Special Treatment?, Edward Morrison, Franklin R. Edwards
Articles
The collapse of Long Term Capital Management ("LTCM' in Fall 1998 and the Federal Reserve Bank's subsequent efforts to orchestrate a bailout raise important questions about the structure of the Bankruptcy Code. The Code contains numerous provisions affording special treatment to financial derivatives contracts, the most important of which exempts these contracts from the "automatic stay" and permits counterparties to terminate derivatives contracts with a debtor in bankruptcy and seize underlying collateral. No other counterparty or creditor of the debtor has such freedom; to the contrary, the automatic stay prohibits them from undertaking any act that threatens the debtor's assets. …
Unbundling Scope-Of-Permission Goods: When Should We Invest In Reducing Entry Barriers?, Randal C. Picker
Unbundling Scope-Of-Permission Goods: When Should We Invest In Reducing Entry Barriers?, Randal C. Picker
Articles
No abstract provided.
Rewinding Sony: The Evolving Product, Phoning Home And The Duty Of Ongoing Design, Randal C. Picker
Rewinding Sony: The Evolving Product, Phoning Home And The Duty Of Ongoing Design, Randal C. Picker
Articles
No abstract provided.
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo
Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo
Articles
No abstract provided.