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Articles 1 - 18 of 18

Full-Text Articles in Law

Law, Economics, And The Theory Of The Firm, Michael J. Meurer Jul 2004

Law, Economics, And The Theory Of The Firm, Michael J. Meurer

Buffalo Law Review

No abstract provided.


Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber Apr 2004

Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber

Buffalo Law Review

No abstract provided.


The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas Apr 2004

The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas

Buffalo Law Review

No abstract provided.


Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach Feb 2004

Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach

Human Rights & Human Welfare

A review of:

Human Rights: Concept and Context by Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp.


The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler Jan 2004

The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler

Faculty Scholarship at Penn Carey Law

No abstract provided.


Ripstein, Rawls, And Responsibility, Stephen R. Perry Jan 2004

Ripstein, Rawls, And Responsibility, Stephen R. Perry

Faculty Scholarship at Penn Carey Law

No abstract provided.


Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton Jan 2004

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

Faculty Scholarship at Penn Carey Law

No abstract provided.


Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati Jan 2004

Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati

Faculty Scholarship at Penn Carey Law

No abstract provided.


Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton Jan 2004

Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton

Faculty Scholarship at Penn Carey Law

The Sarbanes-Oxley Act and the Securities Exchange Commission move too quickly ·when they prod the Financial Accounting Standards Board, the standard setter for US GAAP, to move immediately to a principles-based system. Priorities respecting reform of corporate reporting in the US need to be ordered more carefully. Incentive problems impairing audit performance should be solved first through institutional reform insulating the audit from the negative impact of rent-seeking and solving adverse selection problems otherwise affecting audit practice. So long as auditor independence and management incentives respecting accounting treatments remain suspect. the US reporting system holds out no actor plausibly positioned ...


Constitutional Decision Rules, Mitchell N. Berman Jan 2004

Constitutional Decision Rules, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

No abstract provided.


Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman Jan 2004

Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

No abstract provided.


Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank Jan 2004

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

Faculty Scholarship at Penn Carey Law

No abstract provided.


Human Rights And National Security: The Strategic Correlation, William W. Burke-White Jan 2004

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

Faculty Scholarship at Penn Carey Law

No abstract provided.


The Conceptual Jurisprudence Of The German Constitution, William Ewald Jan 2004

The Conceptual Jurisprudence Of The German Constitution, William Ewald

Faculty Scholarship at Penn Carey Law

No abstract provided.


The Aretaic Turn In Constitutional Theory, Lawrence B. Solum Jan 2004

The Aretaic Turn In Constitutional Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The author argues that the aretaic turn in constitutional theory is an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions.

Part II, Institutionalism and Constitutional Interpretation ...


Procedural Justice, Lawrence B. Solum Jan 2004

Procedural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article begins in part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits?

The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question--what is procedure?--is the most difficult and requires an extensive ...


Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli Jan 2004

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

Scholarly Works

Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and ...


The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan Dec 2003

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the ...