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Articles 1 - 30 of 186
Full-Text Articles in Law
The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
Duke Law Journal
No abstract provided.
The Mental Health Land Trust Litigation: State V. Weiss And Its Aftermath, John Stuart Kaplan
The Mental Health Land Trust Litigation: State V. Weiss And Its Aftermath, John Stuart Kaplan
Alaska Law Review
No abstract provided.
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Duke Law Journal
This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …
“Be It Enacted By The People Of The State Of Alaska…”—A Practitioner’S Guide To Alaska’S Initiative Law, M. Katheryn Bradley, Deborah L. Williams
“Be It Enacted By The People Of The State Of Alaska…”—A Practitioner’S Guide To Alaska’S Initiative Law, M. Katheryn Bradley, Deborah L. Williams
Alaska Law Review
No abstract provided.
A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal
A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal
Alaska Law Review
No abstract provided.
Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie
Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie
Alaska Law Review
No abstract provided.
Alternative Dispute Resolution Strategies In Medical Malpractice, Thomas B. Metzloff
Alternative Dispute Resolution Strategies In Medical Malpractice, Thomas B. Metzloff
Alaska Law Review
No abstract provided.
Alaska’S Mens Rea Requirements For Statutory Rape, Benjamin L. Reiss
Alaska’S Mens Rea Requirements For Statutory Rape, Benjamin L. Reiss
Alaska Law Review
No abstract provided.
Intention, Interpretation, And Stories, Jane B. Baron
Intention, Interpretation, And Stories, Jane B. Baron
Duke Law Journal
No abstract provided.
Private Attorneys General, Prevailing Parties, And Public Benefit: Attorney’S Fees Awards For Civil Rights Plaintiffs, David Shub
Duke Law Journal
No abstract provided.
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Duke Law Journal
No abstract provided.
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
Duke Law Journal
No abstract provided.
John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl
John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl
Duke Law Journal
No abstract provided.
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Duke Law Journal
No abstract provided.
Applying Fraudulent Conveyance Law To Leveraged Buyouts, Raymond J. Blackwood
Applying Fraudulent Conveyance Law To Leveraged Buyouts, Raymond J. Blackwood
Duke Law Journal
No abstract provided.
The Federal Sentencing Guidelines And Confrontation Rights, David A. Hoffman
The Federal Sentencing Guidelines And Confrontation Rights, David A. Hoffman
Duke Law Journal
No abstract provided.
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Law and Contemporary Problems
The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.
Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser
Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser
Law and Contemporary Problems
One aspect of the EC's proposed Investment Services Directive (ISD) is examined: the potential impact of the ISD on the automation of the European securities markets.
Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison
Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison
Law and Contemporary Problems
A study examines, from the perspective of two practitioners, current trends in the global regulation of insider trading.
The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs
The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs
Law and Contemporary Problems
In the 1980s and early 1990s, securities regulators have made substantial progress in developing cooperative relationships to reduce the value of international borders as barriers to the detection and prosecution of securities fraud, but there needs to be an establishment of international mechanisms for enforcing provisional orders and final judgments. The development of mechanisms pursuant to which regulators can assist each other in freezing assets and recovering illicit profits is discussed.
“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner
“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner
Law and Contemporary Problems
One of the hallmarks of the European Commission's single market program is the removal of Member State barriers to the provision of financial services throughout the EC. The goal is to make a broad spectrum of banking, securities and insurance services available for everyone. The application of the mutual recognition approach is discussed.
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
A Comparative Analysis Of Takeover Regulation In The European Community, David J. Berger
Law and Contemporary Problems
An attempt is made to disperse some of the regulatory haze created by the various philosophies of corporate governance within the EC. Understanding the different systems of takeover regulation within the European countries Before attempting an acquisition can provide a company with more than just important technical knowledge about the requirements of an acquisition.
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Law and Contemporary Problems
The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.
Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox
Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox
Law and Contemporary Problems
As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined.
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
Law and Contemporary Problems
It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.
Foreword, James D. Cox
Efficiency And Individualism, Gary Lawson