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From Expertise To Politics: The Transformation Of American Rulemaking, Peter L. Strauss

Faculty Scholarship

In this speech to be given on November 15, 1996, as the American contribution to the week-long conference on administrative law sponsored by the Fundaci6n Estudios de Derecho Administrativo in Caracas, Venezuela, Professor Peter L. Strauss addresses the history and developing political character of rulemaking in federal law over the fifty years since enactment of the Administrative Procedure Act. As a framework, Professor Strauss sets forth a hierarchy of institutional rulemaking, from constitution through informal advising. He then develops his discussion of rulemaking by tracing the federal process of rulemaking through time, beginning with the enactment of the Administrative Procedure …

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Structuring Multiclaim Litigation: Should Rule 23 Be Revised?, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Restructuring Work And Family Entitlements Around Family Values, Joan C. Williams

Faculty Scholarship

No abstract provided.

At The Fusion Of Horizons: Incommensurability And The Public Interest, Joan C. Williams

Faculty Scholarship

No abstract provided.

Changing America: Three Arguments About Asian Americans And The Law, Frank H. Wu

Faculty Scholarship

No abstract provided.

Beyond The Model Minority Myth: Why Asian Americans Support Affirmative Action, Frank H. Wu, Theodore Hsien Wang

Faculty Scholarship

No abstract provided.

The Limits Of Borders: A Moderate Proposal For Immigration Reform, Frank H. Wu

Faculty Scholarship

No abstract provided.

"And To The Republic For Which It Stands": Guaranteeing A Republican Form Of Government, David L. Faigman, Catherine A. Rogers

Faculty Scholarship

No abstract provided.

An Examination Before And Behind The "Entire Controversy" Doctrine, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Privity Requirement Reconsidered, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

A Model Water Transfer Act For California, Brian E. Gray

Faculty Scholarship

No abstract provided.

Three-Branch Monte, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

The Client Fraud Problem A Justinian Quartet, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

Takings And Progressive Rate Taxation, Calvin R. Massey

Faculty Scholarship

No abstract provided.

The Evolution Of Race In The Law The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Action For African Americans, Frank H. Wu, Reggie Oh

Faculty Scholarship

No abstract provided.

Venture Capital And The Structure Of Capital Markets: Banks Versus Stock Markets, Ronald J. Gilson, Bernard S. Black

Faculty Scholarship

The United States has many banks that are small relative to large corporations and play a limited role in corporate governance, and a well developed stock market with an associated market for corporate control. In contrast, Japanese and German banks are fewer in number but larger in relative size and are said to play a central governance role. Neither country has an active market for corporate control. We extend the debate on the relative efficiency of bank- and stock market-centered capital markets by developing a further systematic difference between the two systems: the greater vitality of venture capital in stock …

Changing Times: The Apa At Fifty, Peter L. Strauss

Faculty Scholarship

In early October 1995, Walter Gellhorn helped to open a National Archives display commemorating the fiftieth birthday of the Administrative Procedure Act ("APA"). That Act had begun to take shape just prior to World War II, when Gellhorn had directed the Attorney General's Committee on Administrative Procedure. Created in response to a political spasm of legislative activity that produced a "reform" bill President Roosevelt vetoed, Gellhorn's committee engaged in a thorough and careful survey of administrative agencies and their procedures. In the end, the committee produced twenty-seven monographs describing the variety of decision-making processes employed by the agencies and a …

Administrative Law: The Hidden Comparative Law Course, Peter L. Strauss

Faculty Scholarship

What does today's Administrative Law course give your students that you might not be aware of and might be helped by knowing? That, as I understand it, is the question I am to answer. But we may also want to think about the overall shape of the curriculum: it may be useful to ask about fundamental issues our students may not be aware of, that may not be dealt with elsewhere in the law school curriculum. I'll spend most of my time on the question I've been asked to address, but I hope you will accept a few sentences on …

The Shape Of Transfers To Come: A Model Water Transfer Act For California, Brian E. Gray

Faculty Scholarship

No abstract provided.

A Tale Of Two Opinions, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Julian Levi Memorial, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Transfers Of Control And The Quest For Efficiency: Can Delaware Law Encourage Efficient Transactions While Chilling Inefficient Ones?, John C. Coffee Jr.

Faculty Scholarship

At first glance, few corporate law principles seem to be better established than the widely prevailing rule that a controlling shareholder may receive a control premium for its shares. From a comparative law perspective, however, this consensus may seem surprising, because the United States stands virtually alone in failing to accord minority shareholders any presumptive right to share in a control premium. Yet, from an economic perspective, the permissive U.S. rule is not surprising because economists generally agree that economic efficiency is promoted by privately negotiated control transfers at premiums not offered to minority shareholders.

The puzzling fact that this …

Adr And Future Adjudication: A Primer On Dispute Resolution, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Rethinking A Corporation’S Obligations To Creditors, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Are The Antitrust Agencies Overregulating Physician Networks?, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Intellectual Property Policy Online: A Young Person’S Guide, James Boyle

Faculty Scholarship

This is an edited version of a presentation to the "Intellectual Property Online" panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy …

A Cembranolide Diterpene Farnesyl Protein Transferase Inhibitor From The Marine Soft Coral Lobophytum Cristagalli., S. J. Coval, R. W. Patton, J. M. Petrin, L. James, M. L. Rothofsky, S. L. Lin, Mahesh Patel, John K. Reed, A. T. Mcphail, W. R. Bishop

Faculty Scholarship

A previously described cembranolide diterpene from Lobophytum cristagalli was identified as a potent (lC so 0.15 11M) inhibitor of farnesyl protein transferase (FPT). The compound showed selectivity for FPT as compared to the closely related enzyme geranylgeranyl protein transferase-I (ICso 5.3 11M). Kinetic evaluation suggests that this compound competes with the protein/peptide farnesyl acceptor substrate, and not with farnesyl pyrophosphate for inhibition of FPT.