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Full-Text Articles in Law
Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane
Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane
Book Chapters
Over the course of her extraordinary career, Eleanor Fox has contributed in many vital ways to our understanding of the importance of institutional analysis in antitrust and competition law. Most importantly, Eleanor has become the leading repository of knowledge about what is happening around the globe in the field of competition law and its enforcement institutions. At a time when much of the field of antitrust was moving in the direction of theoretical generalization, formal modeling, game theory, and the like, Eleanor tirelessly worked the globe to discover the actual practice of competition law in the world. She left no …
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Michigan Journal of International Law
The authors argue in this paper that the institution of the minimum wage is also an important factor in explaining changes in earnings inequality in Costa Rica, and that it can be an important factor in many developing countries. This study is a departure from the literature on institutions and development, which tends to analyze the impact of a more generally defined set of institutions using data on a number of countries. In this paper the authors analyze detailed changes in one institution in one country, using panel data over time. They argue that it is important to understand how …
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Reviews
Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect …
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Articles
In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …
The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re
The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re
Michigan Law Review
Even the casual student of nationalizations and confiscations must be aware of the fact that whereas nationalizations were formerly isolated occurrences, they have today become matters of almost common practice. The Mexican expropriations, the Soviet nationalizations, and the Iranian nationalization of the Anglo-Iranian Oil Company are in modern times merely landmarks of an apparently ever-widening path. A reading of the daily newspapers has offered adequate warning to the American investor abroad that no part of the world has been immune from this phenomenon. Whether under the label of "agrarian reform" or "socialization," these nationalizations are of the greatest importance, and, …
The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake
The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake
Articles
AIthough our text-books say that the rule of certainty is "more fundamental than any rule of compensation because compensation is allowed or disallowed subject to it," (cf. SEDGWICK, EL. or DAMAGES, p. 12) nevertheless the tendency of the courts seems to be to save the equitable principle of compensation at the expense of certainty. A striking illustration of this is found in a recent case in the Court of Appeal, Chaplin v. Hicks, C. A. [1911] 2 K. B. 786. The defendant, a theatrical manager, agreed to give positions as actresses to persons chosen by the votes of the readers …