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Full-Text Articles in Law
The Resilience Of Law, Joseph Vining
The Resilience Of Law, Joseph Vining
Law & Economics Working Papers Archive: 2003-2009
The development of "law and economics" over the last half-century has expanded and reinforced a perception among academic lawyers that law itself is a social science. During the same period social science has moved closer to the discipline of natural science and the presuppositions and methods of its thought and work. This essay explores why law is not and cannot be a social science, and why there are grounds for hope in a future for democracy grounded in the rule of law.
China, Business Law, And Finance -- Accession To The World Trade Organization, Joseph Vining
China, Business Law, And Finance -- Accession To The World Trade Organization, Joseph Vining
Law & Economics Working Papers Archive: 2003-2009
China's entry into the world economy will affect not just how we act but how we think. It will affect especially what "business," "business law," and "business corporation" come to mean both in a transnational setting and in American law. The nature of American business law today still stands in the way of a wholly profit-maximizing approach to law or the world in general. But there is strong pressure, consistent with a general tendency in Western thought, to make business and corporate decision-making entirely manipulative and calculating and to eliminate the force of human value from it. This Youde Lecture …
Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Market, Gavin Clarkson
Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Market, Gavin Clarkson
Law & Economics Working Papers Archive: 2003-2009
Indian Country is America’s domestic emerging market, and as in a number of emerging markets, many successful businesses in Indian Country are starving for expansion capital. The US Treasury estimates that the private equity deficit in Indian Country is $44 billion. While the handful of wealthier tribes might be logical investors in private equity funds deploying capital in Indian Country, the existing securities laws present a significant impediment. In particular, Regulation D of the Securities Act of 1933 does not treat tribes as “accredited investors,” thus denying those tribes the ability to participate in the private equity market. Since there …