Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (4)
- Social and Behavioral Sciences (4)
- Criminal Law (3)
- European Law (3)
- Antitrust and Trade Regulation (2)
-
- Economics (2)
- International Law (2)
- International Trade Law (2)
- Other Public Affairs, Public Policy and Public Administration (2)
- Public Affairs, Public Policy and Public Administration (2)
- Administrative Law (1)
- Business Organizations Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Contracts (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- Industrial Organization (1)
- Intellectual Property Law (1)
- Juvenile Law (1)
- Law and Economics (1)
- Legal Profession (1)
- Political Economy (1)
- President/Executive Department (1)
- Rule of Law (1)
- Securities Law (1)
- Supreme Court of the United States (1)
- Publication Year
Articles 1 - 19 of 19
Full-Text Articles in Law
Navigating Between "Politics As Usual" And Sacks Of Cash, Daniel C. Richman
Navigating Between "Politics As Usual" And Sacks Of Cash, Daniel C. Richman
Faculty Scholarship
Like other recent corruption reversals, Percoco was less about statutory text than what the Court deems “normal” politics. As prosecutors take the Court’s suggestions of alternative theories and use a statute it has largely ignored, the Court will have to reconcile its fears of partisan targeting and its textualist commitments
Authoring The Law, Shyamkrishna Balganesh
Authoring The Law, Shyamkrishna Balganesh
Faculty Scholarship
Copyright law denies protection to legal texts through a rule known as the “government edicts doctrine”. Entirely a creation of nineteenth century courts, the government edicts doctrine treats expression produced by lawmakers in the exercise of their lawmaking function as altogether uncopyrightable. Despite having been in existence for over a century, the doctrine remains shrouded in significant mystery and complexity. Lacking statutory recognition, the doctrine has come to be seen as driven by open-ended considerations of “public policy” that draw on the overarching importance of public access to laws. In its decision in Georgia v. Public.Resource.Org., Inc., the Supreme …
In-House Master Class: At Columbia, Former Gc Of Facebook Is Bringing The Real World Into The Classroom, Sue Reisinger, Mp Mcqueen
In-House Master Class: At Columbia, Former Gc Of Facebook Is Bringing The Real World Into The Classroom, Sue Reisinger, Mp Mcqueen
Reuben Mark Initiative for Organizational Character and Leadership
If the purpose of law school is to train eager minds to “think like a lawyer,” then the purpose of a Columbia Law School seminar taught by former Facebook Inc. vice president and general counsel Colin Stretch is to teach them to think specifically like an in-house lawyer.
Governance And Public Transparency: The Brazilian Case, Humberto E.C. Mota Filho, Cláudio Nascimento Alradique
Governance And Public Transparency: The Brazilian Case, Humberto E.C. Mota Filho, Cláudio Nascimento Alradique
Center for the Advancement of Public Integrity (Inactive)
Aiming to provide an overall assessment of the impact of the Constitution of the Federative Republic of Brazil (“CFRB” - which is in effect since 1988), in the construction of a Democratic State of Law, over the past 30 years, this article investigates how the institutional improvements achieved took form, the transformation of the State's role in the enforcement of human rights and individual guarantees, and the changes that took place towards a democratic political culture, both from the perspective of the citizen relating to the State and the citizen relating to the State's external oversight body (“TCU” - Federal …
European Union Law And International Arbitration At A Crossroads, George A. Bermann
European Union Law And International Arbitration At A Crossroads, George A. Bermann
Faculty Scholarship
It is no exaggeration to describe the relationship between the European Union and international arbitration as the most dramatic confrontation between two international legal regimes seen in a great many years. International law scholars commonly lament the "fragmentation" of international law, i.e., the co-existence of multiple international legal regimes whose competences overlap and whose policies may differ, resulting in a degree of regulatory disorder. However, seldom do these regimes actually "collide." By contrast, the two international regimes in which we are interested this evening international arbitration and the European Union may be described, without hyperbole, as on a collision course. …
The Systems Fallacy: A Genealogy And Critique Of Public Policy And Cost-Benefit Analysis, Bernard Harcourt
The Systems Fallacy: A Genealogy And Critique Of Public Policy And Cost-Benefit Analysis, Bernard Harcourt
Faculty Scholarship
This essay identifies the systems fallacy: the mistaken belief that systems-analytic decision-making techniques, such as cost-benefit or public policy analysis, are neutral and objective, when in fact they normatively shape political outcomes. The systems fallacy is the mistaken belief that there could be a nonnormative or scientific way to analyze and implement public policy that would not affect political values. That pretense is mistaken because the very act of conceptualizing and defining a metaphorical system, and the accompanying choice-of-scope decisions, constitute inherently normative decisions that are value laden and political in nature. The ambition of decision theorists to render policy …
Navigating Eu Law And The Law Of International Arbitration, George A. Bermann
Navigating Eu Law And The Law Of International Arbitration, George A. Bermann
Faculty Scholarship
The European Union and international arbitration are two robust legal regimes that have managed to develop largely in accordance with their own respective “first principles,” and they have accordingly thrived. This article initially explains why that has been the case.
But the era of parallelism between the regimes has ended, and rather suddenly. This article identifies the two principal fronts on which tensions between EU law and international arbitration law have emerged. Interestingly, both commercial and investment arbitration are implicated.
A first front entails a conflict between the European Court of Justice's (ECJ's) expansive notions of EU public policy and …
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Studio for Law and Culture
The evolution of the US justice system has been predominantly parsed as the rule of law and Atlantic crossings. This essay considers courts that ignored, disregarded, and opposed the law as the United States expanded across the Pacific. I track Progressive home rule enthusiasts who experimented with equity in Chicago and the Philippines, a former Spanish colony. Home rule was imbued with double meaning, signifying local self-governance and the parental governance of domestic dependents. Spanish and Anglo American courts have historically invoked equity, a Roman canonical heritage, to more effectively administer domestic dependents and others deemed lacking in full legal …
Minimalism And Experimentalism In The Administrative State, Charles F. Sabel, William H. Simon
Minimalism And Experimentalism In The Administrative State, Charles F. Sabel, William H. Simon
Faculty Scholarship
This Article identifies and appraises the two most promising alternatives to the "command-and-control" style of public administration that was dominant from the New Deal to the 1980s but is now in disfavor The first – minimalism – emphasizes public interventions that incorporate market concepts and practices while also centralizing and minimizing administrative discretion. The second – experimentalism – emphasizes interventions in which the central government affords broad discretion to local administrative units but measures and assesses their performance in ways designed to induce continuous learning and revision of standards. Minimalism has been prominent in legal scholarship and in the policy …
Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann
Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann
Faculty Scholarship
European Union ("EU" or "Union") law and the law of international arbitration have traditionally occupied largely separate worlds, as if arbitral tribunals would rarely be the fora for the resolution of EU law claims and as if EU law, in turn, had little concern with arbitration. For several reasons, this pattern has recently been altered, although the relationship between EU law and international arbitration law is at present anything but settled. From the present perspective, the past looks like an age of innocence, for as these two worlds have begun to intersect, they have not done so entirely harmoniously.
Part …
Promoting Innovation: The Law Of Publicly Traded Corporations, Merritt B. Fox
Promoting Innovation: The Law Of Publicly Traded Corporations, Merritt B. Fox
Faculty Scholarship
Improving economic welfare requires that society’s scarce savings be allocated among proposed real investment projects in a way that appreciates the prospects of promising new innovations. Corporate and securities law help structure important elements of this process of allocation. This article sketches out an approach based upon a seemingly paradoxical analogy of a market economy’s overall finance process to the way a hierarchical organization gathers and processes relevant bits of information dispersed among many individuals in order to make decisions. It thereby takes advantage of important thinking in communications and organizational theory about how to make organizations sensitive to the …
Presidential Popular Constitutionalism, Jedediah S. Purdy
Presidential Popular Constitutionalism, Jedediah S. Purdy
Faculty Scholarship
This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens' constitutional understandings. This Article sets out a "grammar" of …
Structuring And Restructuring Sovereign Debt: The Role Of Seniority, Patrick Bolton, Olivier Jeanne
Structuring And Restructuring Sovereign Debt: The Role Of Seniority, Patrick Bolton, Olivier Jeanne
Center for Contract and Economic Organization
In an environment characterized by weak contractual enforcement, sovereign lenders can enhance the likelihood of repayment by making their claims more difficult to restructure ex post. We show, however, that competition for repayment between lenders may result in a sovereign debt that is excessively difficult to restructure in equilibrium. This inefficiency may be alleviated by a suitably designed bankruptcy regime that facilitates debt restructuring.
Introduction: Mandatory Rules Of Law In International Arbitration, George A. Bermann
Introduction: Mandatory Rules Of Law In International Arbitration, George A. Bermann
Faculty Scholarship
The notion of mandatory rules of law has long been of interest in private international law. It is no wonder that the subject has also emerged as something of a preoccupation of those who are involved in the world of international commercial arbitration. As both legal academics and international arbitrators, the editors of this special issue of the American Review of International Arbitration took a keen interest in how mandatory rules might “fit” into the international arbitration picture.
To better understand the phenomenon of mandatory rules (and to gauge whether its importance might possibly even be exaggerated in the international …
A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt
A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt
Faculty Scholarship
This account of legal interpretation focuses mainly on wills and contracts. It adopts a pluralist approach, one that treats a number of factors as potentially relevant and does not assume that all relevant factors necessarily reduce to one overarching inquiry that is the same whatever legal text is being interpreted.
Assessing Theories Of Global Governance: A Case Study Of International Antitrust Regulation, Anu Bradford
Assessing Theories Of Global Governance: A Case Study Of International Antitrust Regulation, Anu Bradford
Faculty Scholarship
An effective, legitimate model of global governance must strike a delicate balance between national sovereignty and international cooperation. As such, governance on an international level is a constantly evolving discourse among multiple actors whose respective roles and influence vary across time and policy realms. The participation of multiple actors in global governance is widely recognized, but there is considerable disagreement as to the appropriate distribution of power among these participants and the optimal pattern for their interaction. We may never be able to construct an ideal global governance model. But the attempt to create such a model by examining the …
The Byrd Amendment Is Wto-Illegal: But We Must Kill The Byrd With The Right Stone, Jagdish N. Bhagwati, Petros C. Mavroidis
The Byrd Amendment Is Wto-Illegal: But We Must Kill The Byrd With The Right Stone, Jagdish N. Bhagwati, Petros C. Mavroidis
Faculty Scholarship
On 16 January 2003, the WTO Appellate Body issued its report on United States – Continued Dumping And Subsidy Offset Act Of 2000 (WTO Doc. WT/DS217 and 234/AB/R). In this report, the Appellate Body condemned the so-called US Byrd Amendment by finding that it was inconsistent with the US obligations under the WTO Agreements on Antidumping (AD) and Subsidies and Countervailing Measures (SCM).
Policing Guns And Youth Violence, Jeffrey A. Fagan
Policing Guns And Youth Violence, Jeffrey A. Fagan
Faculty Scholarship
To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:
- Law enforcement agencies that emphasized police-citizen cooperation benefited …
Manufacturing Matters: The Myth Of The Postindustrial Economy, Jagdish N. Bhagwati
Manufacturing Matters: The Myth Of The Postindustrial Economy, Jagdish N. Bhagwati
Faculty Scholarship
Messrs. Cohen and Zysman are political scientists. They are the resident gurus at BRIE (Berkeley Roundtable on International Economy). While they doubtless enjoy imported French cheese, especially with the Zinfandel from the local vineyards, they get the goose pimples watching movies on their Japanese VCRs. They are worried sick by America's alleged deindustrialization. This book is their effort to say why and to startle a complacement nation into an active policy to defend its industries.