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Articles 31 - 37 of 37
Full-Text Articles in Law
Timing Matters: Promoting Forum Shopping By Insolvent Corporations, Randall Thomas, Robert K. Rasmussen
Timing Matters: Promoting Forum Shopping By Insolvent Corporations, Randall Thomas, Robert K. Rasmussen
Vanderbilt Law School Faculty Publications
Most commentators decry forum shopping. This general hostility extends to forum shopping by firms filing for bankruptcy. Indeed, Congress is considering legislation designed to reduce forum shopping by companies filing for bankruptcy. This article makes two contributions to this debate. First, we show that the current debate is driven almost exclusively by attorneys trying to protect fees rather than by any principled objection to forum shopping. Second, on the merits, we argue that the hostility to forum shopping is misplaced. The near universal condemnation of forum shopping rests on the premise that, at the time the plaintiff selects a forum, …
The False Promise Of The "New" Nondelegation Doctrine, Jim Rossi, Mark Seidenfeld
The False Promise Of The "New" Nondelegation Doctrine, Jim Rossi, Mark Seidenfeld
Vanderbilt Law School Faculty Publications
This essay responds to claims that the "new" nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in American Trucking Association, Inc. v. EPA, 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. The Supreme Court has generally favored ex post over ex ante mechanisms for control of administrative action. Currently, for instance, courts apply arbitrary and capricious review, as a way to control agency decision making ex post. But the rule of law benefits of the "new" nondelegation doctrine are no greater than those delivered by the current means of ex post controls. The rule of law …
Against Diversity, Suzanna Sherry
Against Diversity, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
States Are People Too, Suzanna Sherry
States Are People Too, Suzanna Sherry
Vanderbilt Law School Faculty Publications
There is a joke making the rounds that purports to explain the Supreme Court's 1998-1999 Term, especially the three federalism cases decided on the last day: The Y2K bug hit the Court six months early, and the Court thought the year was 1900. Like most good jokes, this one has a kernel of truth. The Court's fin de siecle decisions-- both sets of them--seem oddly focused on expanding the constitutional definition of personhood. At the end of the nineteenth century, corporations became people. At the end of the twentieth, it was states. Americans have not always viewed corporations kindly. In …
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin O'Connor
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin O'Connor
Vanderbilt Law School Faculty Publications
This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international and Internet transactions. Because these clauses can be used by parties to avoid regulation, academics are now vigorously debating the extent to which this contractual opt out should be permitted. The Article presents a positive political theory of the interplay of legislative action and the enforcement of choice of law. It demonstrates that the important normative debate over choice of law is somewhat misguided because both sides fail to …
Measuring Securities Market Efficiency In The Regulatory Setting, Randall Thomas, James F. Cotter
Measuring Securities Market Efficiency In The Regulatory Setting, Randall Thomas, James F. Cotter
Vanderbilt Law School Faculty Publications
In the "Aircraft Carrier," the Securities and Exchange Commission (SEC) proposed changes in federal securities disclosure requirements in an attempt to enhance and facilitate the process of issuing new securities. Under the proposed regulatory regime, the registration process would be simplified so that many larger, more experienced issuers would be able to use a new, shorter registration statement called Form B (as opposed to the more extensive Form A) whenever they sell securities to the public. To qualify to use Form B, a company with at least twelve months reporting history under the Exchange Act must either have a public …
Household Specialization And The Male Marriage Wage Premium, Joni Hersch, Leslie S. Stratton
Household Specialization And The Male Marriage Wage Premium, Joni Hersch, Leslie S. Stratton
Vanderbilt Law School Faculty Publications
Empirical research has consistently shown that married men have substantially higher wages, on average, than otherwise similar unmarried men. One commonly cited hypothesis to explain this pattern is that marriage allows one spouse to specialize in market production and the other to specialize in home production, enabling the former - usually the husband - to acquire more market-specific human capital and, ultimately, earn higher wages. The authors test this hypothesis using panel data from the National Survey of Families and Households. The data reveal that married men spent virtually the same amount of time on home production as did single …