Digital Commons Network^™

Efficiency And Equal Protection In The New European Contract Law: Mandatory, Default And Enforcement Rules, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Limits Of Discipline: Ownership And Hard Budget Constraints In The Transition Economies, Roman Frydman, Cheryl W. Gray, Marek P. Hessel, Andrzej Rapaczynski

Faculty Scholarship

This paper, based on a large sample of mid-sized manufacturing firms in the Czech Republic, Hungary and Poland, argues that the imposition of financial discipline is not sufficient to remedy ownership and governance-related deficiencies of corporate performance. The study offers three main conclusions. First, we find that state enterprises represent a higher credit risk both because of their inferior economic performance and because of their lesser willingness or propensity to meet their payment obligations. Second, the brunt of the state firms' lower creditworthiness is borne by their state creditors, as state enterprises deflect the higher risk away from private creditors. …

Endangering Individual Autonomy In Choice Of Lawyers And Trustees–Misconceived Conflict Of Interest Claims In The Kamehameha Schools Bishop Estate Litigation, James R. Mccall

Faculty Scholarship

No abstract provided.

Comment On Professor Roth's Reply, James R. Mccall

Faculty Scholarship

No abstract provided.

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

Faculty Scholarship

No abstract provided.

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, James R. Mccall, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.

The State Of Severity, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Speaking Of Purposes, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Does Venture Capital Require An Active Stock Market?, Ronald J. Gilson, Bernard S. Black

Faculty Scholarship

The United States has both an active venture capital industry and well-developed stock markets. Japan and Germany have neither. We argue here that this is no accident – that venture capital can flourish especially – and perhaps only – if the venture capitalist can exit from a successful portfolio company through an initial public offering (IPO), which requires an active stock market. Understanding the link between the stock market and the venture capital market requires understanding the contractual arrangements between entrepreneurs and venture capital providers especially the importance of exit by venture capitalists and the opportunity, present only if IPO …

Is The Shrink's Role Shrinking? The Ambiguity Of Federal Rule Of Criminal Procedure 12.2 Concerning Government Psychiatric Testimony In Negativing Cases, R. Gregory Cochran

Faculty Scholarship

No abstract provided.

Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Matt Coles

Faculty Scholarship

No abstract provided.

Using Improvisation To Teach Communication In An Academic Medical Center, Debra Gerardi

Faculty Scholarship

No abstract provided.

Introduction To The Special Issue, George A. Bermann

Faculty Scholarship

The subject of this year's topical issue of the Columbia Journal of European Law promises to be topical for some time to come. Every model of European integration that has been competing for consideration-whether within the Union institutions or within the corridors of national power, or virtually anywhere for that matter presupposes a European identity of sorts. But just at the time that a "European" identity might hope to be developing in the midst of the "national" identities with which it was commonly contrasted, the identity "landscape" has itself been growing more complex. Forces of globalization, and more particularly the …

Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan

Faculty Scholarship

Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …

Retaining Mandatory Securities Disclosure: Why Issuer Choice Is Not Investor Empowerment, Merritt B. Fox

Faculty Scholarship

This Article advances the reopened debate over mandatory disclosure in two ways. First, it demonstrates that the proponents of issuer choice have not effectively countered the arguments that have formed the basis of the prevailing consensus for retaining mandatory disclosure. While this consensus was formed when the alternative to mandatory disclosure was total abandonment of regulation, the proponents of issuer choice have not shown how the arguments that form the basis of this consensus have any less force when applied to the new alternative of issuer choice. Nor have the proponents offered persuasive, more general rebuttals to these arguments. Second, …

Becoming A Citizen: Reconstruction Era Regulation Of African American Marriages, Katherine M. Franke

Faculty Scholarship

While many Black people regarded slavery as a form of social death, some nineteenth-century white policy-makers extolled the virtues of slavery as a tool to uplift the characters of Africans in America: "[Slavery in America] has been the lever by which five million human beings have been elevated from the degraded and benighted condition of savage life ... to a knowledge of their responsibilities to God and their relations to society," observed a Kentucky Congressman in 1860. These sentiments were echoed by abolitionist northern officers not three years later when the institution of marriage was lauded for its civilizing effect …

Pathways To Corporate Convergence? Two Steps On The Road To Shareholder Capitalism In Germany, Jeffrey N. Gordon

Faculty Scholarship

One of the most interesting current debates in corporate law is whether worldwide corporate governance will ultimately converge on a single model in light of the increasing globalization of capital markets, and if so, whether it will be an Anglo-American model whose features are shaped by the shareholder primacy norm. Convergence skeptics have focused on the embeddedness of governance systems in national political structures that tend to protect both entrenched insider interests and non-shareholder constituencies against the incursions of Anglo-American governance agendas. Convergence optimists have focused on the evolutionary pressures of competitive international capital markets and on the tendency of …

Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt

Faculty Scholarship

In this paper, I concentrate on the narrower, more typical topic of judicial interpretation. At least in regard to the religion clauses, this may be warranted because any progressive constitution would probably include something similar to the Free Exercise and Establishment Clauses, and these would be judicially enforceable to some degree.

The first part of this essay explores relations between progressive values and interpretive approaches. When I asked myself how a judge, committed to progressive values, would interpret the Federal Constitution, I was troubled by whether a progressive approach would be activist or restrained in relation to legislative authority. I …

Police Reform And The Department Of Justice: An Essay On Accountability, Debra A. Livingston

Faculty Scholarship

In 1994, Congress promulgated a significant piece of legislation that may prove to have an extremely important impact on the operation of local police departments. Section 14141 of Title 42, enacted as part of the Violent Crime Control and Law Enforcement Act of 1994, prohibits governmental authorities or those acting on their behalf from engaging in "a pattern or practice of conduct by law enforcement officials" that deprives persons of "rights, privileges, or immunities secured or protected by the Constitution or laws of the United States." Whenever the Attorney General has reasonable cause to believe that a violation has occurred, …

So Much For Savages: Navajo 1, Government 0 In Final Moments Of Play, Eben Moglen

Faculty Scholarship

Dame i gospodo, uvaˇzene kolege, poˇcastvovan sam vaˇsim pozivom da prisustvujem ovom znaˇcajnom skupu. Danas ´cu govoriti o ograniˇcenjina baziranim na ustavnim pravima regulacije naˇse komunikacije, od strane vlade, a u interesu signorsti. Ali na kraju, kao ˇsto ´cete i vi sami shvatiti nemo puno toga da se kaˇze, samo na osnovu toga ˇsto je na´cin komunikacije nov. Pre svega treba se reˇsiti pitanje jezika. After all, every act of linguistic communication occurs in a social context. And the single most important choice that we make when we communicate with one another is the choice of the language in which …

The Legal Infrastructure Of High Technology Industrial Districts: Silicon Valley, Route 128, And Covenants Not To Compete, Ronald J. Gilson

Faculty Scholarship

In recent years, scholars and policymakers have rediscovered the concept of industrial districts – spatial concentrations of firms in the same industry or related industries. In this Article, Professor Gilson examines te relationship between high-technology industrial districts and legal infrastructure by comparing the legal regimes of California's Silicon Valley and Massachusetts's Route 128. He contends that legal rides governing employee mobility influence the dynamics of high technology industrial districts by either encouraging rapid employee movement between employers and to startups, as in Silicon Valley, or discouraging such movement, as in Route 128. Because California does not enforce post-employment covenants not …

Disenfranchisement As Punishment: Reflections On The Racial Uses Of Infamia, George P. Fletcher

Faculty Scholarship

The practice of disenfranchising felons, though decreasing, is still widespread. In this Article, Professor George Fletcher reflects on the use of disenfranchisement as punishment, the lack of a convincing theoretical justification for it, and its disproportionate impact on the African.American community. Fletcher presents a number of powerful arguments against the constitutionality of the practice, but he emphasizes that there is a deeper problem with disenfranchisement as punishment: It reinforces the branding of felons as an "untouchable" class and thus helps to prevent their effective reintegration into our society.

The Place Of Victims In The Theory Of Retribution, George P. Fletcher

Faculty Scholarship

Remarkably, the theory of criminal law has developed without paying much attention to the place of victims in the analysis of responsibility or in the rationale for punishment. You can read a first-rate book like Michael Moore's recent Placing Blame and not find a single reference to the relevance of victims in imposing liability and punishment. In the last several decades we have witnessed notable strides toward attending to the rights and interests of crime victims, but these concerns have yet to intrude upon the discussion of the central issues of wrongdoing, blame, and punishment.

Admittedly, victims and their sentiments …

Author's Comments To Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

Faculty Scholarship

No abstract provided.

The Case For Punitive Damages In Contracts, William S. Dodge

Faculty Scholarship

No abstract provided.

An Ideological Approach To Excuse In Criminal Law, John L. Diamond

Faculty Scholarship

No abstract provided.

Modes Of Regulatory Enforcement And The Problem Of Administrative Discretion, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Compensation For Fear Of Contracting Asbestosã¢Â‚¬Â€Œrelated Diseases: Critical Reflections On An Important U.S. Supreme Court Opinion And Its Relevance For Europe, David I. Levine, Carel J. Stolker

Faculty Scholarship

No abstract provided.

Looking For Policy In All The Wrong Places: A Comment On The Strategies Of "The Race And Gender Crowd" Toward Evidence Law, David L. Faigman

Faculty Scholarship

No abstract provided.