Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bankruptcy distributional rules (1)
- Bargained solutions (1)
- Chapter 11 reorganizations (1)
- China (1)
- Chinese Marxist legal theory (1)
-
- Communitarianism (1)
- Contractarianism (1)
- Group autonomy (1)
- Instrumentalism (1)
- Interest group pluralism (1)
- Legal pragmatism (1)
- Moore v. Bay (1)
- Nationalist legal theory (1)
- On the Nature of Bankruptcy (1)
- PRC (1)
- People's Republic of China (1)
- Public choice theory (1)
- Residential associations (1)
- Robert E. Scott (1)
- Texaco-Pennzoil (1)
- Thomas H. Jackson (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Cornell Law Faculty Publications
We are a society of groups. De Tocqueville's observation that the principle of association shapes American society remains as valid today as it was in the mid-nineteenth century. For us, as for others, the vita activa is participation in a seemingly limitless variety of groups. The importance of group activity in our national character has strongly influenced the agenda of political questions that recur in American political and legal theory. One of the fundamental normative questions on this agenda concerns the proper relationship between groups and the polity. To what extent should the polity foster connections between associations and the …
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg
Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg
Cornell Law Faculty Publications
At a conference on bargaining, it should not be surprising that there is more than one perspective on the relationship between bankruptcy and bargaining. Dean Jackson and Professor Scott's article emphasizes a hypothetical bargain to be struck by idealized participants in a firm. It explores the relationship between bankruptcy and that bargain. By imagining what that bargain would look like, Jackson and Scott construct new justifications for bankruptcy law's distributional rules. Such a theory, however, is subject to reservations about the depth of insight that can be gained from examination of purely theoretical bargains. Stripped of real-world characteristics, hypothetical bargains …