Law Commons^™

Outdoor Recreation And Natural Lands: The Gradual Unfolding Of Policy, Richard L. Knight

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains 2 pages of references.

The Dilemma Of County And Municipal Open Space Programs: The Case Of Jefferson County, Colorado, Ron Holliday

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

7 pages.

Reflections On Britain's Research Assessment Exercise, Jayne W. Barnard

Faculty Publications

No abstract provided.

Can Internet Offerings Bridge The Small Business Capital Barrier?, Jill E. Fisch

All Faculty Scholarship

Internet technology offers the potential to reduce the search and information costs associated with capital formation. Commentators have suggested that the Web will enable small business to achieve better access to the capital markets. To facilitate this access, they have suggested regulatory reforms to make internet offerings cheaper and easier. At the same time, small business offerings have been identified as among the most risky, offering a caution to those who counsel regulatory reform. This article examines the existing regulatory climate. State and federal regulators have adopted a number of recent reforms to facilitate the use of the internet and …

Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Reconsidering Insurance For Punitive Damages, Tom Baker

All Faculty Scholarship

No abstract provided.

An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

In this Article, Professor Skeel argues that the important recent literature exploring historical and political influences on American corporate law has neglected a crucial component of corporate governance: corporate bankruptcy. Only by appreciating the complementary relationship between corporate law and corporate bankruptcy can we understand how corporate governance operates in any given nation. To show this, the Article contrasts American corporate governance with that of Japan and Germany. America's market-driven corporate governance can only function effectively if the bankruptcy framework includes a manager-driven reorganization option. The relational shareholding that characterizes Japanese and German corporate governance, by contrast, requires a much …

Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock

All Faculty Scholarship

No abstract provided.

A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

Regulatory Competition, Regulatory Capture, And Corporate Self-Regulation, William W. Bratton, Joseph A. Mccahery Prof

All Faculty Scholarship

No abstract provided.

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 …

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

All Faculty Scholarship

No abstract provided.

Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch

All Faculty Scholarship

On October 16, 1992, after a comprehensive review of its system of proxy regulation and after two separate amendment proposals that drew more than 1700 letters of comment from the public, the Securities and Exchange Commission (the "Commission" or the "SEC") voted to reform the federal proxy rules. The reforms were "intended to facilitate shareholder communications and to enhance informed proxy voting, and to reduce the cost of compliance with the proxy rules for all persons engaged in a proxy solicitation.' The SEC explained the amendments by stating that the rules were "impeding shareholder communication and participation in the corporate …

Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.

The Economic Structure Of The Post-Contractual Corporation, William W. Bratton

All Faculty Scholarship

No abstract provided.

Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand

Articles

In 1989, the National Conference of Commissioners on Uniform State Laws approved a new Uniform Foreign-Money Claims Act. This Act is designed to change and clarify the law regarding judgments on obligations denominated in a foreign currency. It does so by recognizing that old rules preventing judgment in a foreign currency - developed in times of a strong dollar - are inappropriate. Unfortunately, in seeking fairness for plaintiffs when the U.S. dollar is weak, the Act replaces rigid old rules with stiff new rules that fail to address the basic issue of appropriate damages for exchange rate losses. While the …

Preaching To Managers, Edward B. Rock

All Faculty Scholarship

No abstract provided.

A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner

All Faculty Scholarship

No abstract provided.

The Nature And Effect Of Corporate Voting In Chapter 11 Reorganization Cases, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

The Logic And (Uncertain) Significance Of Institutional Shareholder Activism, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

Antitrust And The Market For Corporate Control, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

42 pages (includes illustrations and maps).

Cooperative Agreements Between Tribes And The States, Bernard P. Becker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

36 pages.

Financing Development In Indian Country, Thomas N. Tureen

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

7 pages.

The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

26 pages.