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Articles 1 - 3 of 3
Full-Text Articles in Law
Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch
Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch
Faculty Scholarship
Since the title for this panel is "Presidential Uses of Force and Other Sanction Strategies," I will begin with "other sanction strategies" – that is, other than use of force. I would rather not be cast in the role of the dove on the panel to comment on illegitimacy of uses of force (presidential or otherwise), because I do not want to rule out or necessarily oppose presidential uses of force for counter-terrorism purposes in all circumstances. Indeed, I find myself in considerable agreement with Professor Reisman's lecture. Although I have disagreed with some of his writings and positions on …
The Future As History: The Prospects For Global Convergence In Corporate Governance And Its Implications, John C. Coffee Jr.
The Future As History: The Prospects For Global Convergence In Corporate Governance And Its Implications, John C. Coffee Jr.
Faculty Scholarship
What forces explain corporate structure and shareholder behavior? For decades this question has gone unasked, as both corporate law scholars and practitioners tacitly accepted the answer given in 1932 by Adolf Berle and Gardiner Means that the separation of ownership and control stemming from ownership fragmentation explained and assured shareholder passivity. Over this decade, however, corporate law scholars have recognized that this standard answer begs an essential prior question: if ownership fragmentation explains shareholder passivity, what explains ownership fragmentation? Although the Berle and Means model assumed that large-scale enterprises could raise sufficient capital to conduct their operations only by attracting …
Dispute Settlement Procedures And Mechanisms, Petros C. Mavroidis
Dispute Settlement Procedures And Mechanisms, Petros C. Mavroidis
Faculty Scholarship
The role that the World Trade Organization (WTO) plays in the settlement of United States-Japan trade disputes is, but should not be, U.S. and Japan-specific. The WTO is a multilateral forum and this aspect of its character must be maintained for the WTO to acquire credibility in the settlement of trade disputes. Trade disputes, if at all, should be exceptional not because of the parties involved, but because of their subject matter. Nothing indicates that the U.S.-Japan trade disputes are subject matter-specific. In fact, the opposite is true: there is ample evidence demonstrating that disputes over the same issues among …