Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (33)
- SelectedWorks (29)
- Selected Works (27)
- Seattle University School of Law (19)
- University of Pittsburgh School of Law (7)
-
- Duke Law (6)
- The University of Maine (4)
- Latin American and Caribbean Law and Economics Association (3)
- SIT Graduate Institute/SIT Study Abroad (3)
- Chapman University (2)
- Maurer School of Law: Indiana University (2)
- San Jose State University (2)
- Singapore Management University (2)
- Syracuse University (2)
- University of Denver (2)
- University of New Hampshire (2)
- Brigham Young University Law School (1)
- Bryant University (1)
- Cedarville University (1)
- Claremont Colleges (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Macalester College (1)
- Montclair State University (1)
- Sheridan College (1)
- The University of Southern Mississippi (1)
- University of Nebraska - Lincoln (1)
- University of South Carolina (1)
- Ursinus College (1)
- Wayne State University (1)
- Keyword
-
- Corporations (23)
- Law (20)
- Seattle University (19)
- Seattle University Law Review (19)
- Social welfare (19)
-
- Adolf Berle (18)
- Berle (18)
- Berle & Means (18)
- Berle symposium (18)
- Berle's footsteps (18)
- Corporate power (18)
- Corporate social responsibility (18)
- Law Corporations and Society (18)
- Society (18)
- The Modern Corporation and Private Property (18)
- The modern corporation (18)
- Antitrust (11)
- Law and Economics (10)
- Economics (9)
- Antitrust & Regulation (6)
- Corporate law (6)
- Gardiner Means (6)
- Intellectual property (6)
- Copyright (5)
- Human rights (5)
- Legal History (5)
- Corporate governance (4)
- Financial crisis (4)
- Intellectual Property (4)
- Taxation (4)
- Publication
-
- All Faculty Scholarship (33)
- Seattle University Law Review (19)
- Faculty Scholarship (7)
- Víctor Pavón-Villamayor (7)
- Mario Šilar (6)
-
- Articles (5)
- Bryane Michael (bryane.michael@stcatz.ox.ac.uk) (5)
- Bureau of Labor Education (4)
- Gillian K Hadfield (3)
- Independent Study Project (ISP) Collection (3)
- Jose Luis Sardon (3)
- Aaron Edlin (2)
- Abraham L. Wickelgren (2)
- Articles by Maurer Faculty (2)
- Benjamin Gibert (2)
- Book Chapters (2)
- Business Faculty Articles and Research (2)
- College of Law - Faculty Scholarship (2)
- Faculty Publications (2)
- Human Rights & Human Welfare (2)
- PHANG Sock Yong (2)
- Research Collection Yong Pung How School Of Law (2)
- Richard Adelstein (2)
- Alexander Volokh (1)
- Amilton Bispo dos Reis (1)
- Atin Basu Choudhary (1)
- Bret Dickey (1)
- Brigham Young University International Law & Management Review (1)
- Business and Economics Honors Papers (1)
- CMC Senior Theses (1)
- Publication Type
Articles 1 - 30 of 159
Full-Text Articles in Law
The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh
The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh
PHANG Sock Yong
The UNCTAD Code of conduct for Liner Conferences entered into force in 1983. The Code's cargo allocation scheme or '40-40-20 rule' aims to provide shipping lines of developing countries with a fair change to compete for the carriage of their seabourne trade. However, the Code has not been effective in meeting its stated objectives for a variety of reasons. Amongst the administrative difficulties are (i) the complications introduced by the EEC's Brussels Package, (ii) the definition of national lines, (iii) the unit of measurement for cargo allocation purposes, and (iv) the monitoring of cargo movements. The tremendous growth in non-conference …
Book Review Of Competition Law And Policy In Singapore, By Cavinder Bull, Lim Chong Kin, Academy Publishing, Singapore, 2009, Sock-Yong Phang
Book Review Of Competition Law And Policy In Singapore, By Cavinder Bull, Lim Chong Kin, Academy Publishing, Singapore, 2009, Sock-Yong Phang
PHANG Sock Yong
No abstract provided.
Does It Hurt A State To Introduce An Income Tax?, David J. Shakow
Does It Hurt A State To Introduce An Income Tax?, David J. Shakow
All Faculty Scholarship
In an article in the Wall Street Journal, Arthur Laffer argued that, since 1960, the introduction of state income taxes reduced the relative size of a state’s gross state product and its relative per capita personal income. This paper criticizes Laffer’s conclusions on a number of grounds. 1. He uses incorrect figures for per capita income. In fact, relative per capita income rose in a majority of states that introduced an income tax since 1960. 2. The results are not clear when a state’s data is compared to other states in its region, rather than to the United States as …
Vertical Restraints, Dealers With Power, And Antitrust Policy, Herbert J. Hovenkamp
Vertical Restraints, Dealers With Power, And Antitrust Policy, Herbert J. Hovenkamp
All Faculty Scholarship
The Supreme Court’s Leegin decision has now brought the rule of reason to all purely vertical intrabrand distribution restraints. But the rule of reason does not mean per se legality and occasions for anticompetitive vertically imposed restraints may still arise. Of all those that have been suggested the most plausible are vertical restraints imposed at the behest of a powerful dealer or group (cartel) of dealers.
Although a vertical distribution restraint resembles a dealer cartel in that both limit intraband competition, a manufacturer restraining the distribution of its product shuns the excess dealer profits a dealer cartel would seek. Accordingly, …
A Contractual Approach To Shareholder Oppression Law, Benjamin Means
A Contractual Approach To Shareholder Oppression Law, Benjamin Means
Faculty Publications
According to standard law and economics, minority shareholders in closely held corporations must bargain against opportunism by controlling shareholders before investing. Put simply, you made your bed, now you must lie in it. Yet most courts offer a remedy for shareholder oppression, often premised on the notion that controlling shareholders owe fiduciary duties to the minority or must honor the minority's reasonable expectations. Thus, law and economics, the dominant mode of corporate law scholarship, appears irreconcilably opposed to minority shareholder protection, a defining feature of the existing law of close corporations.
This Article contends that a more nuanced theory of …
Tax Reform In Rhode Island: Developing A High Quality Revenue Stream, Nicholas A. Denice
Tax Reform In Rhode Island: Developing A High Quality Revenue Stream, Nicholas A. Denice
Honors Projects in Accounting
The present study explores the current state of taxation in Rhode Island in relation to its sales tax. An analysis of the literature will examine how the current sales tax system compares with other alternatives and if it hurts the state's economic competitiveness as shown in tax burden studies. Using Rhode Island tax data from the Annual State Audit and Consumer Expenditure Survey, this study will analyze the current sales tax system in the state and determine whether an alternative model would lead to a higher-quality revenue stream. Data from the State of Rhode Island General Audit Report and the …
Recessions And The Social Safety Net: The Alternative Minimum Tax As A Countercyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick
Recessions And The Social Safety Net: The Alternative Minimum Tax As A Countercyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick
All Faculty Scholarship
As recent events illustrate, state finances are procyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many possible federal remedies may result in worse problems, such as by creating moral hazard that would induce states to take on excessively risky policy, both fiscal and otherwise. Thus, we argue that policymakers should consider so-called “automatic” stabilizers, such as are found in the federal …
International Labor Rights And The Sovereignty Question: Nafta And Guatemala, Two Case Studies, Lance A. Compa
International Labor Rights And The Sovereignty Question: Nafta And Guatemala, Two Case Studies, Lance A. Compa
Lance A Compa
[Excerpt] Labor rights advocates in the United States and allied organizations abroad attempting to establish international fair labor standards run up against traditional notions of sovereignty in formulating national labor policies and development strategies. In the same way that entrenched sovereignty principles gradually yielded to international human rights claims after World War E, sovereignty is now being challenged by claims of international laborrights in the field of employment standards and industrial relations. This Article seeks to illuminate this challenge to sovereignty in two case studies of labor rights advocacy. Part I sets the stage with an overview of the growing …
Tlc Colombia - Unión Europea: Perspectivas Preliminares De Sus Relaciones En Contexto De Globalización., Iván A. Rojas V
Tlc Colombia - Unión Europea: Perspectivas Preliminares De Sus Relaciones En Contexto De Globalización., Iván A. Rojas V
Iván Rojas V
Políticas Públicas Para Enfrentar Los Desafíos Proporcionados Por Las Rentas Económicas: El Caso Del Impuesto Específico A La Minería, Andrew Linville
Políticas Públicas Para Enfrentar Los Desafíos Proporcionados Por Las Rentas Económicas: El Caso Del Impuesto Específico A La Minería, Andrew Linville
Independent Study Project (ISP) Collection
La economía chilena es fuertemente dependiente en la explotación y exportación de productos primarios y en sectores de recursos naturales, como los sectores minero, forestal, pesquero, y frutícola. El modelo de desarrollo emprendido por Chile en los últimos treinta años, uno de apertura unilateral y bilateral a flujos de bienes y capital, ha dado importancia especial a las políticas impositivas y reguladoras entorno a esos sectores. Sin embargo, la explotación de recursos naturales escasos proporciona un rango de desafíos únicos debido a la existencia de rentas económicas y los efectos de competencia, distribución y desarrollo regional que las acompañan. Mi …
La Reforma De Poder Sustancial De Mercado Conjunto En México, Víctor Pavón-Villamayor
La Reforma De Poder Sustancial De Mercado Conjunto En México, Víctor Pavón-Villamayor
Víctor Pavón-Villamayor
No abstract provided.
Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino
Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino
Independent Study Project (ISP) Collection
Diversification, a buzzword in the Middle East for much of the past two decades can only be likened to the phrase “dependence on foreign oil” used by American politicians during US elections. And indeed much like the latter has been mentioned by every president since Richard Nixon, it seems as if diversification is being sung in a round by kings presidents and sultans throughout the oil producing nations of the world, but still to no avail. Oman has been trumpeting diversification in five-year plan after five-year plan of which they are currently in their seventh (2006 - 2010) with an …
Justice Sector Reform In Rwanda: A Space Of Contention Or Consensus?, Maria Sebastian
Justice Sector Reform In Rwanda: A Space Of Contention Or Consensus?, Maria Sebastian
Independent Study Project (ISP) Collection
Justice sector reform is an arena of competition, where international development partners and Rwandan government institutions introduce contending ideas of justice through different development projects. In this ensuing competition of influence, how do international players utilize their roles as development partners to affect the accepted standards within Rwandan courts through established systems of monitoring and evaluation? And moreover, how do individuals in the Rwandan government perceive these partners, projects, and indicators? This study aims to answer these questions through an in-depth literature review, an analysis of development projects in the justice sector, and finally semi-structured interviews with key individuals in …
The New Financial Deal: Understanding The Dodd-Frank Act And Its (Unintended) Consequences, David A. Skeel Jr.
The New Financial Deal: Understanding The Dodd-Frank Act And Its (Unintended) Consequences, David A. Skeel Jr.
All Faculty Scholarship
Contrary to rumors that the Dodd-Frank Act is an incoherent mess, its 2,319 pages have two very clear objectives: limiting the risk of the shadow banking system by more carefully regulating derivatives and large financial institutions; and limiting the damage caused by a financial institution’s failure. The new legislation also has a theme: government partnership with the largest Wall Street banks. The vision emerged almost by accident from the Bear Stearns and AIG bailouts of 2008 and the commandeering of the bankruptcy process to rescue Chrysler and GM in 2009. Its implications for derivatives regulation could prove beneficial: Dodd-Frank will …
2010-2011, Jose Luis Sardon
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang
All Faculty Scholarship
Several pollution control regimes, including climate change policies, allow polluters in one sector subject to an emissions cap to offset excessive emissions in that sector with pollution abatement in another sector. The government may often find it more costly to verify offset claims than to verify compliance with emissions caps, and concerns about difficulties in enforcement may lead regulators to restrict the use of offsets. In this paper, we demonstrate that allowing offsets may increase pollution abatement and reduce illegal pollution, even if the government has a fixed enforcement budget. We explore the circumstances that may make it preferable to …
Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez
Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez
Mario Šilar
http://www.unav.es/nuestrotiempo/es/temas/piratas-y-corsarios-en-la-era-digital
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Seattle University Law Review
What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …
Coasean Markets, Herbert J. Hovenkamp
Coasean Markets, Herbert J. Hovenkamp
All Faculty Scholarship
Coase’s work emphasized the economic importance of very small markets and made a new, more marginalist form of economic “institutionalism” acceptable within mainstream economics. A Coasean market is an association of persons with competing claims on a legal entitlement that can be traded. The boundaries of both Coasean markets and Coasean firms are determined by measuring not only the costs of bargaining but also the absolute costs of moving resources from one place to another. The boundaries of a Coasean market, just as those of the Coasean business firm, are defined by the line where the marginal cost of reaching …
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
All Faculty Scholarship
In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court’s Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue …
Mexicana De Aviación ¿Rescate O Transferencia?, Víctor Pavón-Villamayor
Mexicana De Aviación ¿Rescate O Transferencia?, Víctor Pavón-Villamayor
Víctor Pavón-Villamayor
No abstract provided.
Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert
Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert
Benjamin Gibert
The advance of technology profoundly impacts how people interact with culture as the proliferation of digital networks transforms the effects of copyright in modern societies. This paper argues that the oligopolistic conditions of content markets and the legal discourse of intellectual property law have historically enabled copyright holders to promote a limited conception of art and obscure the complexities of copyright theory. While conceptual ambiguity is inevitable in the construction of aesthetic legal categories, current practices impose too many restrictions. The practical choices made concerning copyright in cyberspace will determine the evolution of culture in increasingly networked societies. The music …
Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert
Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert
Benjamin Gibert
The Internet is changing the way vast numbers of people experience culture today. Providing tools to interact with, manipulate and freely redistribute content, technology is dissolving conventional divisions between creators and consumers of cultural artefacts. As new technological and legislative mechanisms are deployed to stop digital piracy, there is a need to reflect on the meaning of copyright, piracy and culture in the context of digital technologies. This paper discusses the relationship between copyright and cultural participation. It refers to the music industry in order to depict the changing patterns of consumption behavior precipitated by the rise of digital networks …
To Build A Nation From The Bottom Up, Tan K. B. Eugene
To Build A Nation From The Bottom Up, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After 45 years of economic achievement, genuine political participation has to be the next stage
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Department of Geography: Dissertations, Theses, and Student Research
This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …
El Desafío Del Próximo Gobierno, Jose Luis Sardon
El Desafío Del Próximo Gobierno, Jose Luis Sardon
Jose Luis Sardon
No abstract provided.
Business Taxes And International Competitiveness: Understanding How Taxes Can Distort Capital Ownership And Designing A Nondistortive International Tax System, Michael S. Knoll
Business Taxes And International Competitiveness: Understanding How Taxes Can Distort Capital Ownership And Designing A Nondistortive International Tax System, Michael S. Knoll
All Faculty Scholarship
Around the world, policymakers are obsessed with the competitiveness of their domestic companies and domestically based multinational corporations (MNCs). Such concerns frequently influence policy, especially tax policy. In this paper, I develop a theory of how taxes affect the international competitiveness of businesses. I then use that theory to evaluate basic tax policy decisions, such as the choice between residence- and source-based taxation and the level of tax rates, and to understand the impact various provisions in the U.S. Internal Revenue Code are likely to have on the competitiveness of U.S.-based corporations and MNCs.
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern
Georgetown Law Faculty Publications and Other Works
Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …
Competition Law Reform In Mexico: A Note On Joint Dominance, Víctor Pavón-Villamayor
Competition Law Reform In Mexico: A Note On Joint Dominance, Víctor Pavón-Villamayor
Víctor Pavón-Villamayor
No abstract provided.
A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou
Brigham Young University International Law & Management Review
No abstract provided.