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1994

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Articles 1 - 30 of 42

Full-Text Articles in Law

Deposit Protection In The European Economic Community , Laura Shea Dec 1994

Deposit Protection In The European Economic Community , Laura Shea

Boston College International and Comparative Law Review

No abstract provided.


Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham Nov 1994

Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham

BYU Law Review

No abstract provided.


Is Monopoly Rent Seeking Compatible With Wealth Maximization? Sep 1994

Is Monopoly Rent Seeking Compatible With Wealth Maximization?

BYU Law Review

No abstract provided.


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

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

Faculty Scholarship at Penn Law

No abstract provided.


Tax Harmonization And Coordination In Europe And America, Stephen Utz Jul 1994

Tax Harmonization And Coordination In Europe And America, Stephen Utz

Faculty Articles and Papers

No abstract provided.


Liberal Markets, Jeremy Waldron May 1994

Liberal Markets, Jeremy Waldron

Michigan Law Review

A Review of Risks and Wrongs by Jules L. Coleman


"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick Mar 1994

"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick

University of the District of Columbia Law Review

No abstract provided.


Anotaciones Sobre La Ley De Defensa Del Consumidor, Martin Paolantonio, Salvador Bergel Jan 1994

Anotaciones Sobre La Ley De Defensa Del Consumidor, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis inicial de la primera normativa de defensa del consumidor en la Argentina (ley 24.240)


Economía Del Nacionalismo Y Secesión, Francisco Cabrillo Rodríguez Jan 1994

Economía Del Nacionalismo Y Secesión, Francisco Cabrillo Rodríguez

Francisco Cabrillo Rodríguez

No abstract provided.


Conversación Con Giovanni Salvi, Enrique Barros Bourie, Giovanni Salvi Jan 1994

Conversación Con Giovanni Salvi, Enrique Barros Bourie, Giovanni Salvi

Enrique Barros Bourie

On July 6, 1994, a meeting was held with Judge Giovanni Salvi at Centro de Estudios Públicos. Judge Salvi is a member of the Italian Attorney General’s Office that is part of the Anti-Mafia Bureau in Rome. The discussion revolved around the changes made lately in Italy in connection with penal procedure and the code of the judicial structure. Below is an edited version of this meeting conducted by Mr. Enrique Barros, a member of the CEP Managing Board. Judge Salvi has played a prominent part in major judicial processes against terrorism and political corruption in Italy. He discussed ...


Musings During A Symposium Afternoon, David A. Lander Jan 1994

Musings During A Symposium Afternoon, David A. Lander

Washington University Law Review

In this brief musing I will describe one of the many bases for concluding that when one tracks through current American bankruptcy law, she finds that there is a series of principles that overshadow the law and economics principles. I will then compare the process by which bankruptcy law is made in the United States with the process by which Article 9 of the Uniform Commercial Code is made, to show that bankruptcy is an area in which Congress must strike a balance more toward the middle of the political spectrum than the law and economics people would choose.


Commentary On Aghion, Hart, And Moore, Improving Bankruptcy Procedure, Ian F. Fletcher Jan 1994

Commentary On Aghion, Hart, And Moore, Improving Bankruptcy Procedure, Ian F. Fletcher

Washington University Law Review

I would consider it most unlikely that their radical model for determining the fate of insolvent companies will be incorporated into any legislative proposals that emerge from the current review. From the standpoint of most of the interested parties involved in the operation of U.K. insolvency law, Aghion, Hart, and Moore's suggested process of mandatory transubstantiation, whereby debt is converted into equity "on the stroke of midnight," as it were, is likely to prove too daunting both in conceptual and in practical terms.


Discussion Of Improving Bankruptcy Procedure By Philippe Aghion, Oliver Hart, And John Moore, Philip H. Dybvig Jan 1994

Discussion Of Improving Bankruptcy Procedure By Philippe Aghion, Oliver Hart, And John Moore, Philip H. Dybvig

Washington University Law Review

By bringing together a wide range of bankruptcy scholars and practitioners, this Conference has made very clear the broad extent of opinions about current bankruptcy law. One extreme view suggests bankruptcy is a mysterious and wonderful process that has many benefits that are difficult or impossible to quantify or enumerate. A polar extreme view, presented in the paper I am discussing by Aghion, Hart, and Moore (AHM), is that bankruptcy is a complicated and costly solution to a very simple problem. I suspect the truth (or at least the most useful view of the world) lies between the two extremes ...


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.


Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber Jan 1994

Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.


Appendix: The Sleeves From Our Vest: Naming A Perpetuities Non-Event, Mark Reutlinger, John Weaver Jan 1994

Appendix: The Sleeves From Our Vest: Naming A Perpetuities Non-Event, Mark Reutlinger, John Weaver

Faculty Scholarship

Professors Mark Reutlinger and John Weaver examine the conceptual dilemma that Professor Reutlinger encountered in the course of developing the series of diagrams to illustrate the Rule Against Perpetuities described in the accompanying article. To describe it briefly (if not simply), the perpetuities period for a special or testamentary power of appointment begins when the power is created (not exercised), and it ends when the appointed interest vests. Applying the "relation back" doctrine, the appointment is treated, for perpetuities purposes, as if it were a gift by the donor, rather than the donee. Under the "second look" doctrine, however, one ...


Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce Jan 1994

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce

LLM Theses and Essays

An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on ...


Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma Jan 1994

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments ...


Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes Jan 1994

Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes

Articles

No abstract provided.


Improving Bankruptcy Procedure, Philippe Aghion, Oliver Hart, John Moore Jan 1994

Improving Bankruptcy Procedure, Philippe Aghion, Oliver Hart, John Moore

Washington University Law Review

This Article attempts to provide an economic perspective on bankruptcy procedure. In Parts II and III, we discuss the rationale for, and goals of, bankruptcy procedure. Part IV describes how existing procedures fall short of these goals. Our main point is that reorganization procedures like Chapter 11 are flawed because they mix the decision of who should get what with the decision of what should happen to the bankrupt company. In Part V, we turn to a procedure that we have proposed elsewhere, which we believe would improve on existing procedures. In Part VI, we discuss some practical difficulties concerning ...


Through Chapter 11 With Gun Or Camera, But Probably Not Both: A Field Guide, John D. Ayer Jan 1994

Through Chapter 11 With Gun Or Camera, But Probably Not Both: A Field Guide, John D. Ayer

Washington University Law Review

The purpose of this Article is to offer some clarification in the interest of complication.


Way We Live Now: A Discussion Of Contracts And Domestic Arrangements, The, Carol Weisbrod Jan 1994

Way We Live Now: A Discussion Of Contracts And Domestic Arrangements, The, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon Jan 1994

Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon

Boston College Law School Faculty Papers

This Article seeks to analyze and understand Paramount Communications, Inc. v. QVC Network, Inc. and Cede & Co. v. Technicolor, Inc. as part of a movement in Delaware fiduciary law toward a single, more unified standard, away from doctrinal fragmentation. In addition, the Article considers Delaware law leading up to QVC and Technicolor, tracing both the growing fragmentation of Delaware law in the 1980s and the growing judicial concern about fragmentation. This Article will argue that the concern over fragmentation and the desire for a unified standard were not the result of external pressures or policy concerns, but of internal judicial ...


Solving The Judgment-Proof Problem, Kyle D. Logue Jan 1994

Solving The Judgment-Proof Problem, Kyle D. Logue

Articles

A tortfeasor who cannot fully pay for the harms that it causes is said to be "judgment proof." Commentators have long recognized that the existence of judgment-proof tortfeasors seriously undermines the deterrence and insurance goals of tort law. The deterrence goal is undermined because, irrespective of the liability rule, judgment-proof tortfeasors will not fully internalize the costs of the accidents they cause. The insurance goal will be undermined to the extent that the judgment-proof tortfeasor will not be able to compensate fully its victims and that first-party insurance markets do not provide an adequate response. Liability insurance can ameliorate these ...


Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig Jan 1994

Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig

Journal Articles

No abstract provided.


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

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

Faculty Scholarship at Penn Law

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 ...


A Contractual Approach To Data Privacy, Stephanos Bibas Jan 1994

A Contractual Approach To Data Privacy, Stephanos Bibas

Faculty Scholarship at Penn Law

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

Faculty Scholarship at Penn Law

No abstract provided.


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

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

Faculty Scholarship at Penn Law

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.

Faculty Scholarship at Penn Law

No abstract provided.