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Articles 91 - 103 of 103
Full-Text Articles in Law
Paying For Politics, John M. De Figueiredo, Elizabeth Garrett
Paying For Politics, John M. De Figueiredo, Elizabeth Garrett
Faculty Scholarship
No abstract provided.
Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop
Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop
Faculty Scholarship
Tripoint issues arise in maritime boundary delimitation where the maritime areas of three coastal states converge and overlap. Where this trilateral geographic relationship exists, so to does the potential for a tripoint at which three bilateral maritime boundaries could intersect. How should the endpoint(s) of the bilateral boundary be defined in light of possible third party interests? The goal of this report is to provide boundary practitioners with some answers to that question based on the maritime boundary delimitation practice of states, the International Court of Justice, and maritime boundary tribunals.
The Limits Of Lawyering: Legal Opinions In Structured Finance, Steven L. Schwarcz
The Limits Of Lawyering: Legal Opinions In Structured Finance, Steven L. Schwarcz
Faculty Scholarship
Significant controversy surrounds the issuance of legal opinions in structured finance transactions, particularly where accountants separately use these opinions, beyond their traditional primary use, for determining whether to characterize the transactions as debt. Reflecting at its core the unresolved boundaries between public and private in financial transactions, this controversy raises important issues of first impression: To what extent, for example, should lawyers be able to issue legal opinions that create negative externalities? Furthermore, what should differentiate the roles of lawyers and accountants in disclosing information to investors? Resolution of these issues not only helps to demystify the mystique, and untangle …
The Sutherland Report: A Missed Opportunity For Genuine Debate On Trade, Globalization, And Reforming The Wto, Joost H. B. Pauwelyn
The Sutherland Report: A Missed Opportunity For Genuine Debate On Trade, Globalization, And Reforming The Wto, Joost H. B. Pauwelyn
Faculty Scholarship
In January 2005, at the 10th anniversary of the organization, the World Trade Organization (WTO) issued the long-awaited high-level panel report on The Future of the WTO. This essay explains why the so-called Sutherland Report, named after one of its authors, is likely to be regarded by history as a missed opportunity. The report was written by insiders, focuses on insider problems and offers what are essentially insider-based solutions. The essay addresses two specific foundational problems skirted in the Sutherland report: (i) the WTO's protectionist/producer bias and (ii) the question of coordination and coherence with other international organizations. It also …
Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler
Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler
Faculty Scholarship
Corruption is one of the most powerful words in the English language. When it comes to the treatment of corruption by law, however, corruption is a troubled concept. With increasing recognition of the costs of corruption for economic development, democratic governance, international aid programs, and other world goals, attempts to articulate what this destructive force is have led to an avalanche of theoretical writing. In the last fifteen years, corruption has been variously defined as the violation of law, a public servant's breach of public duty, an agent's betrayal of a principal's interests, the pursuit of secrecy, the denial of …
Precautionary Regulation In Europe And The United States: A Quantitative Comparison, Jonathan B. Wiener, James K. Hammitt, Brendon Swedlow, Denise Kall, Zheng Zhou
Precautionary Regulation In Europe And The United States: A Quantitative Comparison, Jonathan B. Wiener, James K. Hammitt, Brendon Swedlow, Denise Kall, Zheng Zhou
Faculty Scholarship
Much attention has been addressed to the question of whether Europe or the United States adopts a more precautionary stance to the regulation of potential environmental, health, and safety risks. Some commentators suggest that Europe is more risk-averse and precautionary, whereas the US is seen as more risk-taking and optimistic about the prospects for new technology. Others suggest that the US is more precautionary because its regulatory process is more legalistic and adversarial, while Europe is more lax and corporatist in its regulations. The flip-flop hypothesis claims that the US was more precautionary than Europe in the 1970s and early …
Book Review, Jonathan B. Wiener
Book Review, Jonathan B. Wiener
Faculty Scholarship
Reviewing, Richard A. Posner, Catastrophe: Risk and Response (Oxford University Press, 2004) and Jared Diamond, Collapse: How Societies Choose to Fail or Succeed (Viking, 2005)
In Defense Of Filibustering Judicial Nominations, Erwin Chemerinsky, Catherine Fisk
In Defense Of Filibustering Judicial Nominations, Erwin Chemerinsky, Catherine Fisk
Faculty Scholarship
No abstract provided.
Mutual Fund Expense Disclosures: A Behavioral Perspective, James D. Cox, John W. Payne
Mutual Fund Expense Disclosures: A Behavioral Perspective, James D. Cox, John W. Payne
Faculty Scholarship
Mutual funds have enjoyed phenomenal growth with their numbers exceeding the number of public companies and their assets aggregating in excess of $9 trillion. Increasingly they are the investment instrument of choice by the proverbial widows, widowers and orphans, and a few school teachers are included as well. But how are best can that choice be one that is not only informed but informed in a way more likely to elicit a wise decision? This paper examines from a behavioral perspective how regulation can best disclose information related to two key factors for investors to compare competing mutual funds: fund …
Why States Create International Tribunals: A Response To Professors Posner And Yoo, Laurence R. Helfer, Anne-Marie Slaughter
Why States Create International Tribunals: A Response To Professors Posner And Yoo, Laurence R. Helfer, Anne-Marie Slaughter
Faculty Scholarship
A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the …
Common-Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kimberly D. Krawiec, Kathryn Zeiler
Common-Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kimberly D. Krawiec, Kathryn Zeiler
Faculty Scholarship
Since ancient times, legal scholars have explored the vexing question of when and what a contracting party must disclose to her counterparty, even in the absence of explicit misleading statements. This fascination has culminated in a set of claims regarding which factors drive courts to impose disclosure duties on informed parties. Most of these claims are based on analysis of a small number of non-randomly selected cases and have not been tested systematically. This article represents the first attempt to systematically test a number of these claims using data coded from 466 case decisions spanning over a wide array of …
The Globalization Of Private Knowledge Goods And The Privatization Of Global Public Goods, Jerome H. Reichman, Keith H. Maskus
The Globalization Of Private Knowledge Goods And The Privatization Of Global Public Goods, Jerome H. Reichman, Keith H. Maskus
Faculty Scholarship
Global trade and investment have become increasingly liberalized in recent decades. This liberalization has lately been accompanied by substantive new requirements for strong minimum standards of intellectual property (IP) protection, which moves the world economy toward harmonized private rights in knowledge goods. While this trend may have beneficial impacts in terms of innovation and technology diffusion, such impacts would not be evenly distributed across countries. Deep questions also arise about whether such globalization of rights to information will raise roadblocks to the national and international provision of such public goods as environmental protection, public health, education, and scientific advance. This …
Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar
Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar
Faculty Scholarship
The IMF has faced criticism of its expansive use of conditionality. The paper proposes a new procedure for IMF lending designed to meet these criticisms by arguing for the legalization and formalization of the procedure for IMF lending in the light of legal concepts derived mainly from national administrative laws. The gist of the procedure is that, rather than have the IMF determine loan conditions following informal negotiations with member countries, countries seeking Fund assistance will design the conditions themselves. The IMF will have specified powers under which to review these conditions. Apart from other procedural requirements, conditions will have …