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Articles 4351 - 4380 of 6510
Full-Text Articles in Law
Arbitration And The Fisc: Nafta's "Tax Veto", William W. Park
Arbitration And The Fisc: Nafta's "Tax Veto", William W. Park
Chicago Journal of International Law
Taxes, said Franklin Roosevelt, "are the dues that we pay for the privileges of membership in an organized society." Harsher tongues describe tax as a form of property seizure. Somewhere between these competing characterizations of revenue raising-club dues and forced takings-lies a clue to why the North American Free Trade Agreement ("NAFTA") reserves special treatment for investment disputes implicating fiscal matters. NAFTA gives foreign investors a right to settle investment disputes by arbitration, a process more politically and procedurally neutral than either host state courts or foreign gunboats. Without the option to arbitrate, the specter of unfair expropriation might chill …
The Politics Of Prosecutions Under The Convention Against Torture, Aaron Solomon
The Politics Of Prosecutions Under The Convention Against Torture, Aaron Solomon
Chicago Journal of International Law
Recent incidents suggest that prosecutions under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("Convention Against Torture") are highly vulnerable to political pressures brought to bear by the potential defendant and his state. The dismissal of charges against former Chadian dictator Hissene Habre in Senegal and the detention and release of Peruvian Major Tomas Ricardo Anderson Kohatsu in the United States indicate that the successful prosecution of Augusto Pinochet under the Convention Against Torture was essentially an anomaly rather than the beginning of a new trend. [CONT]
Does Bogart Still Get Scale? Rights Of Publicity In The Digital Age, Douglas G. Baird
Does Bogart Still Get Scale? Rights Of Publicity In The Digital Age, Douglas G. Baird
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Academic Fads And Fashions (With Special Reference To Law), Cass R. Sunstein
Academic Fads And Fashions (With Special Reference To Law), Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
Like everyone else, academics are susceptible to informational and reputational signals. Sometimes academics lack confidence in their methods and beliefs, and they pay a great deal of attention to the methods and beliefs of others. The academic study of law is particularly subject to cascade effects, as people follow signals that they participate in amplifying. Some of these effects run their course quickly, whereas others last a long time. Leaders can play a special role in starting and stopping cascades; external shocks play a special role in the academic study of law; sometimes like-minded people within academia move one another …
Statutory Foreign Affairs Preemption, Jack L. Goldsmith
Statutory Foreign Affairs Preemption, Jack L. Goldsmith
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
The Law And Economics Of Consumer Finance, Eric A. Posner, Richard M. Hynes
The Law And Economics Of Consumer Finance, Eric A. Posner, Richard M. Hynes
Coase-Sandor Institute for Law & Economics Research Paper Series
This survey of the law and economics of consumer finance discusses economic models of consumer lending, and evaluates the major consumer finance laws in light of them. We focus on usury laws, restrictions on creditor remedies such as the ban on expansive security interests, bankruptcy law, limitations on third-party defenses such as the holder in due course doctrine, information disclosure rules including the Truth in Lending Act, and anti-discrimination law. We also discuss the empirical literature.
Table Of Contents, Law School Roundtable Editors
Table Of Contents, Law School Roundtable Editors
The University of Chicago Law School Roundtable
No abstract provided.
Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz
Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz
The University of Chicago Law School Roundtable
No abstract provided.
When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig
When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig
Articles
No abstract provided.
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
Articles
For over two decades, federal agencies have been required to analyze the benefits and costs of significant regulatory actions and to show that the benefits justify the costs. But the regulatory state continues to suffer from significant problems, including poor priority-setting, unintended adverse side-effects, and, on occasion, high costs for low benefits. In many cases, agencies do not offer an adequate account of either costs or benefits, and hence the commitment to cost-benefit balancing is not implemented in practice. A major current task is to ensure a deeper and wider commitment to cost-benefit analysis, properly understood. We explain how this …
Conjunction And Aggregation, Saul Levmore
Foreign Affairs And Domestic Reform, Curtis A. Bradley
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case
How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case
Articles
No abstract provided.
Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry
Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry
Articles
No abstract provided.
The European Union's Common Foreign And Security Policy: Emerging From The U.S. Shadow, Elizabeth Duquette
The European Union's Common Foreign And Security Policy: Emerging From The U.S. Shadow, Elizabeth Duquette
Articles
No abstract provided.
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
Articles
No abstract provided.
Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette
Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette
Articles
No abstract provided.
Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein
Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein
Articles
No abstract provided.
Employment And Labor Law Reform In New Zealand Lecture, Richard A. Epstein
Employment And Labor Law Reform In New Zealand Lecture, Richard A. Epstein
Articles
No abstract provided.
Life In No Trump: Property And Speech Under The Constitution, Richard A. Epstein
Life In No Trump: Property And Speech Under The Constitution, Richard A. Epstein
Articles
No abstract provided.
Further Thoughts On Customary International Law, Eric A. Posner, Jack L. Goldsmith
Further Thoughts On Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
Puzzling Stock Options And Compensation Norms, Saul Levmore
Puzzling Stock Options And Compensation Norms, Saul Levmore
Articles
Why do so many executives and other employees receive fixed stock options as part of their compensation packages? Even though there is an impressive literature on compensatory options, it raises more puzzles than it solves. Tax law, option theory, and agency theory all suggest that we might have expected to find quite different practices than we observe. In particular, there is a puzzle in the popularity of conventional fixed options when indexed options would seem to be relatively attractive. The solution or story offered here develops arguments about signaling; employees will not want to be seen as preferring cash over …
Law And The Emotions, Eric A. Posner
Bush V. Gore: Prolegomenon To An Assessment, Richard A. Posner
Bush V. Gore: Prolegomenon To An Assessment, Richard A. Posner
Articles
No abstract provided.
Controlling Agencies With Cost-Benefit Analysis: A Positive Political Theory Perspective, Eric A. Posner
Controlling Agencies With Cost-Benefit Analysis: A Positive Political Theory Perspective, Eric A. Posner
Articles
No abstract provided.
Using Net Benefit Accounts To Discipline Agencies: A Thought Experiment, Eric A. Posner
Using Net Benefit Accounts To Discipline Agencies: A Thought Experiment, Eric A. Posner
Articles
No abstract provided.
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric A. Posner
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric A. Posner
Articles
No abstract provided.
Legal Scholarship Today, Richard A. Posner
Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner
Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner
Articles
No abstract provided.