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Articles 1 - 19 of 19

Full-Text Articles in Law

Designing A Hybrid Income-Consumption Tax, Michael S. Knoll Sep 1994

Designing A Hybrid Income-Consumption Tax, Michael S. Knoll

All Faculty Scholarship

No abstract provided.


Mis Guidelines For Employment Law Programs In Poland, Christopher J. O'Leary, Andrew S. Targowski, W.E. Upjohn Institute For Employment Research Jun 1994

Mis Guidelines For Employment Law Programs In Poland, Christopher J. O'Leary, Andrew S. Targowski, W.E. Upjohn Institute For Employment Research

Reports

The guidelines presented in this report propose an efficient architecture for structuring the huge volume of information flow necessary to manage and administer the several labor market programs operated by the SOLO (System of Labor Offices). The proposal includes a recommendation for the sequence of events in developing the many parts of the system which exploits the latest technical and methodological possibilities, but recognizes the practical constraints of time and money. At the heart of the proposed automated management information system (MIS) to support planning, evaluation, and budgeting for labor market programs in Poland is a set of performance indicators. …


Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon Feb 1994

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

Scholarship Chronologically

The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.


Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon Feb 1994

Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon

Scholarship Chronologically

In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone playfully enamored of polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship. This essay will have two parts. The first will be a response to James Lindgren. The …


Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs Jan 1994

Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs

Faculty Publications

The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …


"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin Jan 1994

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin

All Faculty Scholarship

No abstract provided.


Controlling The Dark Side Of Relational Investing, Edward B. Rock Jan 1994

Controlling The Dark Side Of Relational Investing, Edward B. Rock

All Faculty Scholarship

No abstract provided.


Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber Jan 1994

Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.


"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin Jan 1994

"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin

All Faculty Scholarship

No abstract provided.


China And The Gatt Agreement On Government Procurement, John Linarelli Jan 1994

China And The Gatt Agreement On Government Procurement, John Linarelli

Scholarly Works

No abstract provided.


Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei Jan 1994

Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei

Faculty Scholarship

No abstract provided.


Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei Jan 1994

Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei

Faculty Scholarship

No abstract provided.


Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Jan 1994

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …


The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp Jan 1994

The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp

All Faculty Scholarship

America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …


Relationship Investing: Will It Happen? Will It Work?, Jill E. Fisch Jan 1994

Relationship Investing: Will It Happen? Will It Work?, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr. Jan 1994

A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


Mortality Effects Of Regulatory Costs And Policy Evaluation Criteria, W. Kip Viscusi Jan 1994

Mortality Effects Of Regulatory Costs And Policy Evaluation Criteria, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Risk regulations directly reduce risks, but they may produce offsetting risk increases. Regulated risks generate a substitution effect, as individuals' risk-averting actions will diminish. Recognition of these effects alters benefit-cost criteria and the value-of-life estimates pertinent to policy analysis. Particularly expensive risk regulations may be counterproductive. The expenditure level that will lead to the loss of one statistical life equals the value of life divided by the marginal propensity to spend on health. Regulations with a cost of $30 million to $70 million per life saved will, on balance, have a net adverse effect on mortality because of these linkages.


The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh Jan 1994

The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh

Research Collection School Of Economics

The UNCTAD Code of conduct for Liner Conferences entered into force in 1983. The Code's cargo allocation scheme or '40-40-20 rule' aims to provide shipping lines of developing countries with a fair change to compete for the carriage of their seabourne trade. However, the Code has not been effective in meeting its stated objectives for a variety of reasons. Amongst the administrative difficulties are (i) the complications introduced by the EEC's Brussels Package, (ii) the definition of national lines, (iii) the unit of measurement for cargo allocation purposes, and (iv) the monitoring of cargo movements. The tremendous growth in non-conference …


A Contractual Approach To Data Privacy, Stephanos Bibas Jan 1994

A Contractual Approach To Data Privacy, Stephanos Bibas

All Faculty Scholarship

No abstract provided.