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Full-Text Articles in Law

Neoclassical Administrative Common Law, Jeffrey A. Pojanowski Sep 2016

Neoclassical Administrative Common Law, Jeffrey A. Pojanowski

Journal Articles

This essay reviews John Dickinson’s neglected classic, Administrative Justice and the Supremacy of Law in the United States. Writing on the cusp of the New Deal, Dickinson helped establish a mainstream, moderate stance about the shape and legitimacy of the administrative state. A closer reading of this work, which is rich in jurisprudential reflection and historical learning, offers a better idea about the structure, promise, and limits of the doctrinal world he helped create.


Fleecing The Family Jewels, Christina M. Sautter Feb 2016

Fleecing The Family Jewels, Christina M. Sautter

Journal Articles

Crown jewel lock-up options, a common deal protection device employed during the 1980s’ mergers and acquisitions boom, are back. During their popularity in the 1980s, these options took the form of agreements between a target company and a buyer, pursuant to which the target granted the buyer the right to purchase certain valuable assets, or crown jewels, of the target corporate family in the event the merger did not close. After both state and federal courts questioned the validity of these lock-ups in the 1980s, lock-ups lost their luster and dealmakers stopped using them. But as the saying goes, “everything …


Realising The Promise Of Costs Budgets: An Economic Analysis, Jay Tidmarsh Jan 2016

Realising The Promise Of Costs Budgets: An Economic Analysis, Jay Tidmarsh

Journal Articles

The costs-budget system implemented in the Jackson reforms promises to keep litigation costs within socially appropriate bounds. To realise this promise fully however; the goal of this reform must be reoriented. Using real-options analysis, this article demonstrates that costs budgeting in its present form often fails to achieve a reduction of litigation costs to the socially appropriate level–defined to be the point at which the social benefits of litigation exceeds its costs–because parties may have a private incentive to invest socially excessive amounts on litigation. This result is true under both the English ("loser pays") and the American ("bear your …