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Full-Text Articles in Law

Journal Staff Jan 2001

Journal Staff

Law and Contemporary Problems

No abstract provided.


Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel Oct 2000

Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel

Law and Contemporary Problems

Both Russia and China refused to adopt international copyright agreements until pressured by other countries, particularly the US. The US has pursued China's copyright abuses more aggressively than it has pursued similar abuses by Russia. Neigel attempts to explain the reasons for this disparate treatment.


Foreword, Richard W. Bauman Oct 2000

Foreword, Richard W. Bauman

Law and Contemporary Problems

No abstract provided.


Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler Oct 2000

Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler

Law and Contemporary Problems

It is debated whether it is possible to liberalize markets successfully by means of introducing unrestrained competition only, or whether it is necessary to have regulators to supervise the opening of markets in adversarial administrative proceedings. Switzerland's problems and solutions in regards to the liberalization of its telecommunications industry are described.


Chinese Privatization: Between Plan And Market, Lan Cao Oct 2000

Chinese Privatization: Between Plan And Market, Lan Cao

Law and Contemporary Problems

Since 1978, when China adopted its open-door policy and allowed its economy to be exposed to the international market, it has produced an economy with one of the most rapid growth rates in the world. Cao examines the general framework and other related issues associated with the privatization debate of the Chinese economy.


Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser Oct 2000

Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser

Law and Contemporary Problems

What has occurred in the United Kingdom is a move toward the development of a body of legal doctrine closer to the concept of public service enshrined in other European legal systems. Prosser asserts that it has been largely due to the creation of regulators independent of government and enterprise, thus making some legal framework to structure relations inevitable.


Constitutional Approaches To Privatization: An Inquiry Into The Magnitude Of Neo-Liberal Constitutionalism, David Schneiderman Oct 2000

Constitutional Approaches To Privatization: An Inquiry Into The Magnitude Of Neo-Liberal Constitutionalism, David Schneiderman

Law and Contemporary Problems

Schneiderman discusses whether constitutional rules in the state capitalist mode that redistribute property ownership more widely can survive the pressures generated by the neo-liberal model of constitutionalism. Schneiderman considers privatization programs that concern the divestiture of state assets, or denationalization through the sale of shares or assets to employees and employee associations.


Taxing The Market Citizen: Fiscal Policy And Inequality In An Age Of Privatization, Lisa Philipps Oct 2000

Taxing The Market Citizen: Fiscal Policy And Inequality In An Age Of Privatization, Lisa Philipps

Law and Contemporary Problems

Focusing on Canada, Philipps argues that recent efforts to revise important facets of the income tax system are best understood through the lens of privatization. By promoting personal responsibility, the tax code is contributing to the erosion of the ideal of social citizenship and replacing it with a new model of market citizenship.


Liberalization And Democratization: The Forum And The Hearth In The Era Of Cosmopolitan Post-Industrial Capitalism, Sol Picciotto Oct 2000

Liberalization And Democratization: The Forum And The Hearth In The Era Of Cosmopolitan Post-Industrial Capitalism, Sol Picciotto

Law and Contemporary Problems

Rather than the desire for economic liberalization bringing about political democratization, the struggles against autocracy have created an opening for economic liberalization. While undermining partriarchy and hierarchy, anti-authoritarian movements have also paved the way for post-industrial capitalism, with its emphasis on information management, flexible working conditions, and a global outlook.


Journal Staff Oct 2000

Journal Staff

Law and Contemporary Problems

No abstract provided.


Beyond Bond Markets 2000: The Electronic Frontier And Regulation Of The Capital Markets For Debt Securities, Stephen Wallenstein Jul 2000

Beyond Bond Markets 2000: The Electronic Frontier And Regulation Of The Capital Markets For Debt Securities, Stephen Wallenstein

Law and Contemporary Problems

On Oct 18-19, 1999, more than fifty securities lawyers, representatives of ratings agencies, regulators and academics gathered in Washington DC for a conference on the regulation of capital markets for debt securities. Some of the recurrent themes and conclusions arising from deliberations by conference participants are discussed.


Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene Jul 2000

Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene

Law and Contemporary Problems

On Apr 8-9, 1999, more than sixty securities lawyers, regulators and academics participated in a roundtable discussion in Washington DC on what should be the future content of the US securities laws. A summary of the discussions is presented.


Journal Staff Jul 2000

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, James D. Cox Jul 2000

Foreword, James D. Cox

Law and Contemporary Problems

No abstract provided.


Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox Jul 2000

Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox

Law and Contemporary Problems

Cox discusses six fundamental tenets that should guide the regulation of public offerings of securities. It is assumed that regulation is to be re-examined from the ground up, with no political or regulatory constraints.


Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort Jul 2000

Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort

Law and Contemporary Problems

There can be no successful reform of the system of capital-raising regulation in the US without rethinking the liability regime. Reform is long overdue and can readily be accomplished in a way that does not unnecessarily compromise investor protection.


Internationalization Of Primary Public Securities Markets, Hal S. Scott Jul 2000

Internationalization Of Primary Public Securities Markets, Hal S. Scott

Law and Contemporary Problems

No abstract provided.


Measuring Securities Market Efficiency In The Regulatory Setting, Randall S. Thomas, James F. Cotter Jul 2000

Measuring Securities Market Efficiency In The Regulatory Setting, Randall S. Thomas, James F. Cotter

Law and Contemporary Problems

In Nov 1998, the SEC proposed a modification to the federal securities law disclosure requirements to facilitate the process of issuing new securities. Thomas and Cotter discuss how to determine when companies should be able to issue simplified disclosure documents.


Appendix: Conference Participants Jul 2000

Appendix: Conference Participants

Law and Contemporary Problems

No abstract provided.


Kids Who Kill: A Critique Of How The American Legal System Deals With Juveniles Who Commit Homicide, Mirah A. Horowitz Jul 2000

Kids Who Kill: A Critique Of How The American Legal System Deals With Juveniles Who Commit Homicide, Mirah A. Horowitz

Law and Contemporary Problems

Horowitz looks at the reasons why juveniles commit homicides and suggests more effective ways for society to address the problem presented by child killers.


The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy Jul 2000

The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy

Law and Contemporary Problems

Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment, but the Supreme Court's decision in "Strickland" has given appellate courts overly broad discretion to determine exactly what constitutes ineffective assistance of counsel. Murphy reviews the right to counsel and discusses the crucial role of counsel in capital cases throughout the trial and appellate processes.


The Story About Clinton’S Impeachment, L. H. Larue Apr 2000

The Story About Clinton’S Impeachment, L. H. Larue

Law and Contemporary Problems

No abstract provided.


Constitutionalism In The Shadow Of Doctrine: The President’S Non-Enforcement Power, David Barron Apr 2000

Constitutionalism In The Shadow Of Doctrine: The President’S Non-Enforcement Power, David Barron

Law and Contemporary Problems

Barron challenges the court-centered approach to the scope of the President's non-enforcement power. He contends that a President, notwithstanding that he considers himself bound by the Supreme Court's constitutional interpretations, should resolve three distinct questions in determining whether he may faithfully decline to enforce a statute by virtue of its unconstitutionality.


The President And Choices Not To Enforce, Peter L. Strauss Apr 2000

The President And Choices Not To Enforce, Peter L. Strauss

Law and Contemporary Problems

Strauss explores the context of executive non-enforcement in a broad way that may help in understanding situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced.


When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee Apr 2000

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Law and Contemporary Problems

In considering the guidance the executive branch of government has provided to resolve questions relating to religious freedom and the issue of church and state, Lee draws upon the positions of both the IRS and the President. Initially, he concludes that when the state requires churches committed to speaking truth in the public square to choose between publicizing their beliefs and remaining tax-exempt, it burdens the free exercise of religion.


Foreword, Neil Kinkopf Apr 2000

Foreword, Neil Kinkopf

Law and Contemporary Problems

No abstract provided.


Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen Apr 2000

Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen

Law and Contemporary Problems

Johnsen considers the legitimacy of what he terms "presidential non-enforcement," that is, whether and when the President may disobey an unambiguous congressional command enacted in conformity with the constitutionally prescribed lawmaking process on the ground that the President believes the law is unconstitutional.


The Clinton Administration And War Powers, Lori Fisler Damrosch Apr 2000

The Clinton Administration And War Powers, Lori Fisler Damrosch

Law and Contemporary Problems

Damrosch compares the record of the Clinton Administration with those of its predecessors, after first briefly locating US war powers practice in the context of crossnational comparisons. Pres Clinton has been more respectful of Congress's constitutional role than either Pres Reagan or Pres Bush, yet less successful in persuading Congress to exercise the responsibility that goes along with the claim of constitutional power.


A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch Apr 2000

A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch

Law and Contemporary Problems

Reflecting on the impeachment and trial of Pres Bill Clinton, Bloch considers how well the impeachment process worked and what was learned from the experience that might be a guide in the event of another impeachment in the future. Any critique of the impeachment process should begin with the independent counsel statute.


Impeachment As Congressional Constitutional Interpretation, Neal Kumar Katyal Apr 2000

Impeachment As Congressional Constitutional Interpretation, Neal Kumar Katyal

Law and Contemporary Problems

Katyal argues that one can adhere to originalism in the context of judicial interpretation and, nevertheless, believe in a broader style of interpretation for the legislature. He illustrates the point with three examples--the roles of history, precedent, and moral philosophy--in discussing the case of Pres Bill Clinton's impeachment.