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Articles 1 - 16 of 16
Full-Text Articles in Law
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
All Faculty Scholarship
American constitutional law scholars have long questioned whether courts can really drive social reform, and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India — spurred by developments in a special type of legal action developed in the late 1970s known as “public interest litigation,” or “PIL” — have only recently begun questioning the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged, and optimism that …
Is The Government Fiscally Blind? An Empirical Examination Of The Effect Of The Compensation Requirement On Eminent-Domain Exercises, Ronit Levine-Schnur, Gideon Parchomovsky
Is The Government Fiscally Blind? An Empirical Examination Of The Effect Of The Compensation Requirement On Eminent-Domain Exercises, Ronit Levine-Schnur, Gideon Parchomovsky
All Faculty Scholarship
We empirically test the fiscal-illusion hypothesis in the takings context in Israel. Israeli law allows local governments to expropriate up to 40 percent of any parcel without compensation. In 2001, the Israeli Supreme Court created a carve out for takings of 100 percent, requiring full compensation in such cases. We analyze data for 3,140 takings cases in Tel Aviv between 1990 and 2014. There was no disproportionate share of takings of just under 40 percent. Nor was there a long-term drop in the share of 100 percent takings after 2001. Although a short-term drop in the share of 100 percent …
Challenges To Rule Of Law And Gender Equality Globally (With Transcript), Rangita De Silva De Alwis, Indira Jaising
Challenges To Rule Of Law And Gender Equality Globally (With Transcript), Rangita De Silva De Alwis, Indira Jaising
Case In Point Podcasts
Indira Jaising and Rangita de Silva de Alwis examine gender equality cases and struggles in India and around the world.
One-Tier Vs. Two-Tier Board Structure: A Comparison Between The United States And Germany, David Block, Anne-Marie Gerstner
One-Tier Vs. Two-Tier Board Structure: A Comparison Between The United States And Germany, David Block, Anne-Marie Gerstner
Comparative Corporate Governance and Financial Regulation
No abstract provided.
The Structure Of Corporate Ownership And Control, Sophia Dai, Christian Helfrich
The Structure Of Corporate Ownership And Control, Sophia Dai, Christian Helfrich
Comparative Corporate Governance and Financial Regulation
No abstract provided.
The Manner In Which Corporate Law And Financial Regulations Are Made, Supawich Sirikanchana, Sharareh Zand
The Manner In Which Corporate Law And Financial Regulations Are Made, Supawich Sirikanchana, Sharareh Zand
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Dual Class Shares, Katie Bentel, Gabriel Walter
Dual Class Shares, Katie Bentel, Gabriel Walter
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Notable Governance Failures: Enron, Siemens And Beyond, Michael Primbs, Clara Wang
Notable Governance Failures: Enron, Siemens And Beyond, Michael Primbs, Clara Wang
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Executive Compensation, Moritz Reinhard, Daniel Velazquez Escobar
Executive Compensation, Moritz Reinhard, Daniel Velazquez Escobar
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Securities Regulation In Germany And The U.S., Marvin Fechner, Travis Tipton
Securities Regulation In Germany And The U.S., Marvin Fechner, Travis Tipton
Comparative Corporate Governance and Financial Regulation
No abstract provided.
The Role Of Private Litigation, Benedict Heil, Benjamin Lee
The Role Of Private Litigation, Benedict Heil, Benjamin Lee
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Executive Compensation: Mannesmann V. Disney - A Case Study, Do Hee Jeong, Maurice Weidhaas
Executive Compensation: Mannesmann V. Disney - A Case Study, Do Hee Jeong, Maurice Weidhaas
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Shareholders Vs Stakeholders Capitalism, Fabian Brandt, Konstantinos Georgiou
Shareholders Vs Stakeholders Capitalism, Fabian Brandt, Konstantinos Georgiou
Comparative Corporate Governance and Financial Regulation
With the growth of the economies worldwide the debate between shareholder and stakeholder capitalism has never been more intense than nowadays. Each country though incorporates this debate differently in its interior market since its corporate governance’s structures present distinguished characteristics. Thus, by bringing into this debate countries like Germany and the USA, the distinction between shareholders and stakeholders’ interests becomes clearer. Countries based on the Anglo-Saxon business model like the USA are in favor of a “shareholder primacy” based system setting as their optimal goal the maximization of shareholder value. On the other hand, countries like Germany seem to have …
Gender Diversity On Corporate Boards: The Competing Perspectives In The U.S. And The Eu, Tyler Winters, Madhuri Jacobs-Sharma
Gender Diversity On Corporate Boards: The Competing Perspectives In The U.S. And The Eu, Tyler Winters, Madhuri Jacobs-Sharma
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
All Faculty Scholarship
There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …
Procedure And Pragmatism, Stephen B. Burbank
Procedure And Pragmatism, Stephen B. Burbank
All Faculty Scholarship
In this essay, prepared as part of a festschrift for the Italian scholar, Michele Taruffo, I portray him as a pragmatic realist of the sort described by Richard Posner in his book, Reflections on Judging. Viewing him as such, I salute Taruffo for challenging the established order in domestic and comparative law thinking about civil law systems, the role of lawyers, courts and precedent in those systems, and also for casting the light of the comparative enterprise on common law systems, particularly that in the United States. Speaking as one iconoclast of another, however, I also raise questions about Taruffo’s …