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Articles 1 - 19 of 19

Full-Text Articles in Law

Mindlessness And The Law, Paul J. Heald, James E. Heald Sep 1991

Mindlessness And The Law, Paul J. Heald, James E. Heald

Scholarly Works

No less an authority than Milton Friedman has argued that improving the realism of assumptions in economic theory, although hardly essential to establishing the absolute validity of the theory (purely an empirical question), may offer several benefits. First, a “restructuring” (to use Posner's term) of an assumption may help explain divergences between predicted and observed results. Second, an explanation of why a seemingly unrealistic assumption does not destroy the predictive value of a theory may strengthen the theory by connecting it to “a more general theory that applies to a wider variety of phenomena . . . and has failed to be ...


Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth Jul 1991

Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth

Boston College Law School Faculty Papers

To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues ...


The World In Our Courts, Stephen B. Burbank May 1991

The World In Our Courts, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Economic Development Policies Enterprise Zone Legislation, Umass Amherst Center Economic Development Jan 1991

Economic Development Policies Enterprise Zone Legislation, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

This report was made to review the history and efficacy of enterprise zones in the United States, and provides a summary of the House Bill number 5868, an economic incentive bill sponsored by representative Daniel Bosley.


One Tax Piece Of The Savings And Loan Crisis: Can The Federal Home Loan Bank Board Use The Internal Revenue Cose To Bail Out The Ailing Savings And Loan Industry?, Beverly I. Moran Jan 1991

One Tax Piece Of The Savings And Loan Crisis: Can The Federal Home Loan Bank Board Use The Internal Revenue Cose To Bail Out The Ailing Savings And Loan Industry?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

In Cottage Savings Association v. Commissioner the Sixth Circuit delves into a little known aspect of the savings and loan crisis-the attempt by the Federal Home Loan Bank Board to use the Internal Revenue Code ("Code") to help bolster its failing constituent thrifts. In the course of its analysis, the Sixth Circuit must articulate the requirements for transforming an economic loss into a deductible tax loss.


Normativity And The Politics Of Form, Pierre Schlag Jan 1991

Normativity And The Politics Of Form, Pierre Schlag

Articles

No abstract provided.


Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch Jan 1991

Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen Jan 1991

The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In this paper I explore this most recent development in regulatory policy and, in particular, the role government plays when it chooses to use private markets (consumer, institutional and corporate) as regulatory instruments to produce and allocate environmental benefits. The privatization of environmental regulation by employing markets to deliver environmental benefits does not involve the implementation of public policy through executive or legislative action. Rather, it is achieved through a public choice to privatize the delivery of environmental regulation by permitting or encouraging decentralized economic power to respond to consumer demands for environmental quality.


The Logic And (Uncertain) Significance Of Institutional Shareholder Activism, Edward B. Rock Jan 1991

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

Faculty Scholarship at Penn Law

No abstract provided.


Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch Jan 1991

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Relaxing Traditional Economic Assumptions And Values: Toward A New Disciplinary Discourse On Law, Kenneth G. Dau-Schmidt Jan 1991

Relaxing Traditional Economic Assumptions And Values: Toward A New Disciplinary Discourse On Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

Economics has been viewed traditionally as a discipline removed from other, "softer", fields of social analysis. Professor R. Malloy has fought to remove these barriers and encourage interdisciplinary dialogue. In a field previously dominated by normative values of majority power holders, a multidisciplinary approach allows for a more extensive examination of social trends and the question of innate human "rights". By relaxing the assumptions of traditional neoclassical economic analysis, one can gain a theoretical perspective that includes insights from multiple disciplines. This article reinforces Malloy's conceptualization of new social analysis, hoping to further this new interdisciplinary cooperation.


Unlimited Liability And Law Firm Organization: Tax Factors And The Direction Of Causation, Ronald J. Gilson Jan 1991

Unlimited Liability And Law Firm Organization: Tax Factors And The Direction Of Causation, Ronald J. Gilson

Faculty Scholarship

In a recent issue of this Journal, Carr and Mathewson (1988) test a model of the impact of limited and unlimited liability regimes on the nature of firms by comparing the performance of law firms operated as partnerships and sole proprietorships (and therefore subject to unlimited liability) with that of law firms operated as corporations (and therefore subject to limited liability).


Reinventing The Outside Director: An Agenda For Institutional Investors, Ronald J. Gilson, Reinier Kraakman Jan 1991

Reinventing The Outside Director: An Agenda For Institutional Investors, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Managerialist rhetoric puts the institutional investor between a rock and a hard place. The institutional investor is depicted as a paper colossus, alternatively greedy and mindless, but in all events a less important corporate constituency than that other kind of investor, the "real" shareholder. The unspoken corollary is that, regardless of the institution's investment strategy, its interests may appropriately be ignored.

An institution that trades stock frequently is considered a short-term shareholder without a stake in the future of the corporation. According to the familiar argument, the short-term shareholder has no more legitimate claim on management's attention than ...


A Redrafted Section I Of The Sherman Act, Robert H. Heidt Jan 1991

A Redrafted Section I Of The Sherman Act, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.


Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole Jan 1991

Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Litigation Costs And The Economic Theory Of Tort Law, Keith Hylton Jan 1991

Litigation Costs And The Economic Theory Of Tort Law, Keith Hylton

Faculty Scholarship

The economic theory of tort law has developed along two lines. The first and more traditional is positive theory, which justifies tort doctrine. The second is normative theory, which usually criticizes the operational efficiency of the tort system, and is the focus of this Article. This Article argues that once the dynamics of litigation are properly taken into account, all bets are off on the economic efficiency of tort law. The simple fact that litigation is a costly enterprise provides a rich source of inefficiencies with which the tort system must grapple.


Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch Jan 1991

Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Status And Incentive Aspects Of Judicial Decisions, Jeffrey E. Stake Jan 1991

Status And Incentive Aspects Of Judicial Decisions, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


Recovery For Pure Economic Loss In Tort: Another Look At Robins Dry Dock V. Flint, Victor P. Goldberg Jan 1991

Recovery For Pure Economic Loss In Tort: Another Look At Robins Dry Dock V. Flint, Victor P. Goldberg

Faculty Scholarship

In Robins Dry Dock and Repair Co. v. Flint, the Supreme Court laid down the general proposition that claims for pure economic loss are not recoverable in tort. Although courts have sometimes ignored or distinguished Robins, its holding is still a central feature of tort law. In a recent en bane decision regarding claims by those injured by a chemical spill in the Mississippi River, the Fifth Circuit engaged in an extensive debate over the continued vitality of Robins and concluded (despite five dissenters) that it remained good law.

The Robins rule is overbroad, lumping together a number of very ...