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Articles 8011 - 8040 of 8553
Full-Text Articles in Law
Public Purpose, Law, And Economics: J. R. Commons And The Institutional Paradigm Revisited, James B. Zimarowski
Public Purpose, Law, And Economics: J. R. Commons And The Institutional Paradigm Revisited, James B. Zimarowski
West Virginia Law Review
No abstract provided.
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Taxation And U.S. Multinational Investment, James R. Hines Jr.
Articles
In 1985, nonbank U.S. multinational companies employed 24.5 million workers, had worldwide sales of almost $3.5 trillion, and net income of $150 billion on assets of $4.2 trillion. The foreign (non-U.S.) affiliates of these companies had 6.4 million employees, $900 billion of those sales, and $43 billion of net income, with assets of $838 billion. United States multinationals accounted for roughly three-quarters of total American merchandise exports in 1985 and half of total imports, with approximately 40 percent of each category arising from transfers within U.S. multinationals between American parent firms and their own foreign affiliates. And 1985 is widely …
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins
Faculty Publications
No abstract provided.
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky
Articles
The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
The Uncertain Case For Takeover Reform: An Essay On Stockholders, Stakeholders And Bust-Ups, John C. Coffee Jr.
The Uncertain Case For Takeover Reform: An Essay On Stockholders, Stakeholders And Bust-Ups, John C. Coffee Jr.
Faculty Scholarship
In this Article, Professor John Coffee considers under what circumstances there could be a legitimate role for state regulation of tender offers. Professor Coffee suggests that state anti-takeover laws could (but do not) function to protect other stakeholders, including corporate management, in the target corporation where the implicit contract between the corporation and these stakeholders has broken down. He advances a model of corporate directors as mediators between shareholders and stakeholders in order to protect the expectations embodied in a web of implicit and explicit contracts.
Professor Coffee suggests that takeovers would be more palatable if the interests of stakeholders …
Reflections On Fuller And Perdue's The Reliance Interest In Contract Damages: A Positive Economic Framework, Avery W. Katz
Reflections On Fuller And Perdue's The Reliance Interest In Contract Damages: A Positive Economic Framework, Avery W. Katz
Faculty Scholarship
Fuller and Perdue's classic article, The Reliance Interest in Contract Damages, is regarded by many contemporary contracts scholars as the single most influential law review article in the field. For those of us who teach and think about contracts from the perspective of law and economics, the consensus would probably be close to unanimous. The article displays an approach highly congenial to an economic perspective. The connection goes beyond Fuller and Perdue's explicitly functional approach to law (which law and economics shares with other schools of thought descended from the legal realists) and beyond Fuller and Perdue's focus on …
Economic Union As A Constitutional Value, Richard B. Collins
Economic Union As A Constitutional Value, Richard B. Collins
Publications
Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …
The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen
The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen
All Faculty Scholarship
No abstract provided.
The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.
The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Economic Man And Literary Woman: One Contrast, Robin West
Economic Man And Literary Woman: One Contrast, Robin West
Georgetown Law Faculty Publications and Other Works
The law and literature movement has been with us long enough that it is now possible to speak seriously of a "literary analysis of law," just as it has become possible, and even standard, to speak of an "economic analysis of law." It is also standard, of course, to speak of that abstract character who has emerged from the economic analysis of law: "economic man." In these brief comments, I want to offer one contrast of the "economic man" that emerges from economic legal analysis with the "literary person" that is beginning to emerge from literary legal analysis. I will …
Clarifying The Record: A Comment, Victor P. Goldberg
Clarifying The Record: A Comment, Victor P. Goldberg
Faculty Scholarship
In their recent article in this journal, Boudreaux and Ekelund [1987] ha presented a distorted characterization of some of my work on the economics o regulation. The editor of this journal has graciously offered me the opportunity to respond to their criticisms and to redress some ambiguities, real or imagine in my earlier work.
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein
Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein
Richard Adelstein
The role of political economy in the curriculum of MIT, with special attention to the thought of Francis Amasa Walker.
Evidence, 1986-1987 Illinois Law Survey, Leonard Cavise, Bradley J. Martin
Evidence, 1986-1987 Illinois Law Survey, Leonard Cavise, Bradley J. Martin
Leonard Cavise
No abstract provided.
Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop
Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop
All Faculty Scholarship
This article seeks an answer to a question that should be well settled: for purposes of antitrust analysis, what is 'market power' and/or 'monopoly power'? The question should be well settled because antitrust law requires proof of actual or likely market power or monopoly power to establish most types of antitrust violations.
Examination of key antitrust law opinions, however, shows that courts define 'market power' and 'monopoly power' in ways that are both vague and inconsistent. We conclude that the present level of confusion is unnecessary and results from two different but related errors:
(1) the belief or suspicion that …
Economists As Judges: A Selective, Annotated Bibliography, Janet Sinder
Economists As Judges: A Selective, Annotated Bibliography, Janet Sinder
Faculty Scholarship
No abstract provided.
Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande
Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande
All Faculty Scholarship
Vertical restraints come in a glittering menu of exceptional variety, including resale price maintenance (RPM), tying, exclusive dealing, requirements contracts, "best efforts" clauses, full-line forcing, airtight and nonairtight exclusive territories, customer restrictions, areas of primary responsibility, profit-passover provisions, restrictions on locations of outlets, and dual distribution. Firms sometimes combine vertical restraints into packages. The great variety of individual and combined vertical restraints complicates the discovery of market effects. Indeed, identifying what restraint(s) a given firm is using at any particular time can be difficult.
Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler
Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler
Indiana Law Journal
No abstract provided.
Volatility And Market Inefficiency: A Commentary On The Effects Of Options, Futures, And Risk Arbitrage On The Stock Market , Thomas Lee Hazen
Volatility And Market Inefficiency: A Commentary On The Effects Of Options, Futures, And Risk Arbitrage On The Stock Market , Thomas Lee Hazen
Washington and Lee Law Review
No abstract provided.
Road Signs And The Goals Of Justice, Joseph Sanders
Road Signs And The Goals Of Justice, Joseph Sanders
Michigan Law Review
Review of Ideals, Beliefs, Attitudes, and the Law: Private Law Perspectives on a Public Law Problem by Guido Calabresi
Coase And The Courts: Economics For The Common Man, Barbara Ann White
Coase And The Courts: Economics For The Common Man, Barbara Ann White
All Faculty Scholarship
The arguments collectively known as the Coase Theorem criticize the judicial policy of requiring businesses to ‘internalize’ their external costs of production, i.e., pay for the social costs their production incurs such as environmental or noise pollution. Coase argues that the policy of internalization often leads to economic inefficiency rather than efficiency maximization, contrary to what Pigouvian economic analysis asserts. The right to be free of the external costs of production ought to be based, instead, on Coase’s total product rule: Courts should allocate rights according to what maximizes overall total production and thereby maximize social welfare.
Coasian analysis has …
International Economic Arbitration In The Ussr And Eastern Europe, Vratislav Pechota
International Economic Arbitration In The Ussr And Eastern Europe, Vratislav Pechota
NYLS Journal of International and Comparative Law
No abstract provided.
Economic Rights Of The Institutionalized Mentally Disabled, Michael L. Perlin
Economic Rights Of The Institutionalized Mentally Disabled, Michael L. Perlin
Articles & Chapters
No abstract provided.
Legal Factors In The Acquisition Of A United State Corporation: Litigation By Hostile Targets, Johan E. Droogmans
Legal Factors In The Acquisition Of A United State Corporation: Litigation By Hostile Targets, Johan E. Droogmans
LLM Theses and Essays
Acquisitions of United States corporations have become increasingly complex takeover contests, where bidders and target corporations are forced into offensive and defensive litigation strategies to protect their respective interests. Targets often assert that the bidders have violated federal or state securities laws, federal antitrust laws, federal margin regulations, federal and state regulatory systems, and federal anti-racketeering laws. These lawsuits are primarily based on the principal federal regulation of takeovers in section 14(a) of the Securities and Exchange Act of 1934 and the Williams Act. Target litigation is customary, but entails certain disadvantages; a lawsuit rarely stops an offer, is expensive, …
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip Blumberg
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Free Rider Rationale And Vertical Restraints Analysis Reconsidered, George A. Hay
The Free Rider Rationale And Vertical Restraints Analysis Reconsidered, George A. Hay
Cornell Law Faculty Publications
No abstract provided.
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Cornell Law Faculty Publications
Reformas En La Corte Suprema, Horacio M. Lynch, Silvana Stanga
Reformas En La Corte Suprema, Horacio M. Lynch, Silvana Stanga
Horacio M. LYNCH
Investigación realizada con el auspicio de la Fundación Antorchas. Se trata de un trabajo único en su género que estudió el trabajo de un mes de la CSN argentina (más de 400 fallos) para determinar su funcionamiento, con pautas y sugerencias en el orden institucional, y funcional (v. comentario del diario La Nación).
Función Del Tribunal Constitucional De 1980, Enrique Barros Bourie, Raúl Bertelsen, Sergio Diez, Teodoro Ribera
Función Del Tribunal Constitucional De 1980, Enrique Barros Bourie, Raúl Bertelsen, Sergio Diez, Teodoro Ribera
Enrique Barros Bourie
No abstract provided.