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Articles 151 - 167 of 167
Full-Text Articles in Law
Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr.
Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
All Faculty Scholarship
The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …
British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel
British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel
All Faculty Scholarship
No abstract provided.
Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.
Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Corporate Law Through An Antitrust Lens, Edward B. Rock
Corporate Law Through An Antitrust Lens, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.
Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
All Faculty Scholarship
No abstract provided.
Preaching To Managers, Edward B. Rock
Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll
Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Transfer, Pledge, Clearance And Settlement In The Japanese And United States Securities Markets, Charles W. Mooney Jr., Atsushi Kiyami
Transfer, Pledge, Clearance And Settlement In The Japanese And United States Securities Markets, Charles W. Mooney Jr., Atsushi Kiyami
All Faculty Scholarship
No abstract provided.
The Second Generation Of Notes Indexed For Inflation, Michael S. Knoll
The Second Generation Of Notes Indexed For Inflation, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Price Effects Of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., Robert H. Lande
Price Effects Of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., Robert H. Lande
All Faculty Scholarship
When should the government challenge a merger that might increase market power but also generate efficiency gains? The dominant belief has been that the government and courts should evaluate these mergers solely in terms of economic efficiency. Congress, however, wanted the courts to stop any merger significantly likely to raise prices. Substantially likely efficiency gains should therefore affect the legality of mergers to the extent that they are likely to prevent price increases. This standard is more strict than the economic efficiency criterion, because the latter would permit mergers substantially likely to lead to higher prices, if sufficient efficiency gains …
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
All Faculty Scholarship
No abstract provided.
Quality Of Care And Market Failure Defenses In Antitrust Health Care Litigation, Thomas L. Greaney
Quality Of Care And Market Failure Defenses In Antitrust Health Care Litigation, Thomas L. Greaney
All Faculty Scholarship
This article considers quality-based justifications for antitrust challenges to collaboration among health care professionals. It first examines doctrinal developments resisting such justifications and, with a skeptical eye, analyzes attempts to interject quality of care and worthy motive defenses into antitrust appraisals of horizontal restraints of trade. Next the article assesses the economic basis and the risks and benefits of a market failure defense that would allow some quality-enhancing restraints of trade to escape antitrust challenge. Its principle recommendation is that courts recognize a narrow, market failure defense subject to several limiting principles to cabin its reach. The article concludes by …
Competitive Reform In Health Care: The Vulnerable Revolution, Thomas L. Greaney
Competitive Reform In Health Care: The Vulnerable Revolution, Thomas L. Greaney
All Faculty Scholarship
This article, written at the dawn of the era of "competitive reform" in health care examines the case and prospects for the introduction of competition in health care delivery and financing. It observes the failures of the ancienne regime of fee for service payment and professional sovereignty and discusses the benefits of market-oriented policy. Its contribution, still salient today, is the lesson that competition cannot succeed without regulation. It identifies legislative, professional, and cultural hurdles to effective implementation of competitive norms and policies that have impeded the success of competition policy in health care.
State Regulation Of Branch Banking, Philip N. Hablutzel
State Regulation Of Branch Banking, Philip N. Hablutzel
All Faculty Scholarship
No abstract provided.