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Articles 31 - 45 of 45
Full-Text Articles in Law
A New Tax Policy Criterion: Stability, Leigh Osofsky
Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz
Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz
Articles
No abstract provided.
Antitrust In Zero-Price Markets: Foundations, John M. Newman
Antitrust In Zero-Price Markets: Foundations, John M. Newman
Articles
"Zero-price markets," wherein firms set the price of their goods or services at so, have exploded in quantity and variety. Creative content, software, search functions, social media platforms, mobile applications, travel booking, navigation and mapping systems, and myriad other goods and services are now widely distributed at zero prices. But despite the exponential increase in the volume of zero-price products being consumed, antitrust institutions and analysts have failed to provide an adequate response to markets without prices.
Modern antitrust law is firmly grounded in neoclassical economics, which is in turn centered on price theory. Steeped in price theory, preeminent antitrust …
Adapting Conservation Easements To Climate Change, Adena R. Rissman, Jessica Owley, M. Rebecca Shaw, Barton (Buzz) Thompson
Adapting Conservation Easements To Climate Change, Adena R. Rissman, Jessica Owley, M. Rebecca Shaw, Barton (Buzz) Thompson
Articles
No abstract provided.
Commentary: Exploiting Mixed Speech, Caroline Mala Corbin
Commentary: Exploiting Mixed Speech, Caroline Mala Corbin
Articles
The Supreme Court has been taking advantage of mixed speech—that is, speech that is both private and governmental—to characterize challenged speech in a way that ultimately permits the government to sponsor Christian speech. In Pleasant Grove City v. Summum, a free speech case where the government accepted a Christian Ten Commandments monument but rejected a Summum Seven Aphorisms monument, the Court held that privately donated monuments displayed in public parks were government speech as opposed to private speech and therefore not subject to free speech limits on viewpoint discrimination. In Town of Greece v. Galloway, an establishment case …
Someone Who'll Watch Over Me, Patrick O. Gudridge
Rethinking Insider Trading Regulation, Caroline Bradley
Rethinking Insider Trading Regulation, Caroline Bradley
Articles
No abstract provided.
Corporate Religious Liberty, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Articles
No abstract provided.
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Articles
Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …
What We Like, Annie Brett, A. Michael Froomkin
From Anonymity To Identification, A. Michael Froomkin
From Anonymity To Identification, A. Michael Froomkin
Articles
This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …
A Dormant Commerce Clause Approach To Interstate Electricity Transmission, Felix Mormann
A Dormant Commerce Clause Approach To Interstate Electricity Transmission, Felix Mormann
Articles
No abstract provided.
Buying Teams, Andres Sawicki
Labor Activism In Bankruptcy, Andrew B. Dawson
Labor Activism In Bankruptcy, Andrew B. Dawson
Articles
This article analyzes the role of labor unions in corporate reorganizations and argues that labor union participation can improve corporate governance in the bankruptcy context. Generally, when a unionized corporation seeks to reorganize in bankruptcy, it does so with an eye towards obtaining concessions from its labor unions. The Bankruptcy Code permits corporate debtors to reject their collective bargaining agreements and to impose reduced wages and benefits, thus placing labor unions in a position of bargaining over concessions in bankruptcy. Such concession bargaining is vitally important to the labor union and to the debtor's reorganization efforts; however, the focus on …