Law Commons^™

Restoring Fiscal Integrity To Virginia Government Is Highest Priority, Mark Warner

University of Richmond Law Review

No abstract provided.

Litigation Realities, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

After both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the authors draw a series of lessons for understanding and using empirical methods in the study of the legal system's operation. In so doing, they generate implications for current and projected policy debates concerning litigation, while identifying areas that demand further empirical work.

Federal Consistency In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a focus group on the topic of Federal Consistency in New Jersey.

In 1972, the U. S. Congress passed the Coastal Zone Management Act (CZMA), designed to “preserve, protect, develop, and where possible, to restore and enhance the resources of the nation's coastal zone.” The CZMA encouraged coastal states to develop and implement comprehensive management programs that balance the need for coastal resource protection with the need for economic growth and development within the coastal zone.

In the latter portion of the 1970s New Jersey developed a coastal management plan that was fully …

Journal Staff

Duke Law Journal

No abstract provided.

Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss

BYU Law Review

No abstract provided.

Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter

BYU Law Review

No abstract provided.

Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray

BYU Law Review

No abstract provided.

Managers' Fiduciary Duty Upon The Firm's Insolvency: Accounting For Performance Creditors, Alon Chaver, Jesse M. Fried

Vanderbilt Law Review

A corporation's managers generally owe a fiduciary duty to the corporation and its shareholders. Legal scholars interpret this duty as requiring the managers to maximize shareholder value. When a firm is solvent, the obligation to maximize shareholder value tends to give managers an incentive to deploy firm assets efficiently-that is, in a way that maximizes total value.

When a firm is insolvent, however, the duty to maximize shareholder value could lead managers to take actions that reduce the value of debt more than they increase the value of equity and therefore reduce total value. Accordingly, a number of courts have …

Fishing For Cancer, David Schoenbrod

Other Publications

After protracted deliberations, the Environmental Protection Agency decided to dredge large quantities of sediment from the upper reach of the Hudson River in order to remove a small portion of the PCB's that came from two General Electric factories. They used these chemicals from the 1940s through the mid-1970s. The corporation will be required to pay for the clean up. The agency's administrators appointed by both Presidents Clinton and Bush as well as leading newspapers explained the decision to the public as required to protect the broad public from a significant risk to human health. This explanation is inconsistent with …

Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher

Duke Law Journal

No abstract provided.

Executive Privilege Revived?: Secrecy And Conflict During The Bush Presidency, Mark J. Rozell

Duke Law Journal

No abstract provided.

On The Outside Seeking In: Must Intervenors Demonstrate Standing To Join A Lawsuit?, Juliet Johnson Karastelev

Duke Law Journal

No abstract provided.

Shall Weigh Your God And You: Assessing The Imperialistic Implications Of The International Religious Freedom Act In Muslim Countries, Matthew L. Fore

Duke Law Journal

No abstract provided.

Volume 27, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Cheryl Woznica, Arlan Delisle, Ted Frankel, Andrea Huckins

Table Of Contents - Cardozo Law Review, Volume 24, Issue 1

Cardozo Law Review

No abstract provided.

The Folly Of Federalism, Frank B. Cross

Cardozo Law Review

No abstract provided.

Fourt (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen

Vanderbilt Law Review

Temptation. It lies at the heart of financial swindles. The promise of 50% returns in three months can lure thousands of investors-so too can a stock that soars 500% in three years. But those who are tempted are often skeptical. Before they invest, they want to know how one can enjoy such supracompetitive returns. The answer usually is a facially plausible story, though with a bit of mystery attached. The mystery is often touted as the reason that the investment opportunity is exclusive to the entrepreneur who discovered it. It is what ensures that the gains are not competed away. …

Corporate Ownership Structure And The Evolution Of Bankruptcy Law: Lessons From The United Kingdom, John Armour, Brian R. Cheffins, David A. Skeel, Jr.

Vanderbilt Law Review

The corporate world today subdivides into rival systems of dispersed and concentrated ownership, each characterized by different corporate governance structures. The United States falls into the former category, whereas major industrial rivals such as Japan and Germany are members of the latter. The past decade has seen intense academic debate over possible explanations for the different systems of ownership and control in key developed economies. Anecdotal evidence suggesting that market forces may be serving to destabilize traditional business structures and foster some form of convergence in a U.S. direction has given the controversy powerful current relevance.

For those seeking to …

Introduction To The Symposium "Convergence On Delaware: Corporate Bankruptcy And Corporate Governance", Robert K. Rasmussen, Charles M. Elson

Vanderbilt Law Review

Bankruptcy is back. The use of Chapter 11 by large, publicly held firms was a subject of much debate in the academic and popular press in the late 1980s and the early 1990s. Firms such as Texaco, Revco, LTV, Federated Department Stores, Maxwell Communications, TWA, and Eastern Airlines all filed for bankruptcy during that time. The economic boom of the mid- and late 1990s, however, resulted in a relative dearth of high-profile bankruptcy cases. The recent economic downturn has moved corporate reorganizations back into the spotlight. The Chapter 11 filings by firms such as Enron, Global Crossing, the Loewen Group, …

The Law Of Last Resort, Barry E. Adler

Vanderbilt Law Review

A financially distressed individual or corporation employs the bankruptcy process only as a last resort. The study of bankruptcy law, however, need not, and should not, be an afterthought. The traditional bodies of law that compose private ordering are the laws of property, contract, and tort. Property law establishes private entitlements that can be specifically enforced against the world. Contract law permits individuals to exchange obligations and thus invest one another with entitlements. Tort law creates its own set of entitlements and imposes liability for unwanted interference with those or other entitlements. These bodies of law are often presented as …

Why Are Delaware And New York Bankruptcy Reorganizations Failing?, Lynn M. Lopucki, Joseph W. Doherty

Vanderbilt Law Review

Before 1990, the United States Bankruptcy Court for the District of Delaware was a sleepy backwater. During the entire decade of the 1980s, Phoenix Steel-whose only plant was located in Delaware-was the only large, public company to file there. In 1990, two large, public companies-Continental Airlines and United Merchants and Manufacturers-filed in Delaware. They constituted 7% of the twenty-nine large, public companies filing in the United States that year. From 1990 to 1996, Delaware's market share steadily increased to 87% (thirteen of fifteen cases).' In just seven years, Delaware had become the bankruptcy reorganization capital of the United States.

Lynn …

"Delaware Is Not A State": Are We Witnessing Jurisdictional Competition In Bankruptcy?, Marcus Cole

Vanderbilt Law Review

Over the last twelve years, the United States District Court for the District of Delaware has experienced exponential growth in the number of bankruptcy filings for large corporate debtors. This relatively recent rise in Delaware bankruptcy venue cannot, on its face, be explained by Delaware's eighty-five-year preeminence in the race for corporate charters, since the advantages most often postulated for Delaware's dominance in corporate law do not carry over to corporate bankruptcy. The state has limited influence over federal bankruptcy law and virtually no control over the selection of federal bankruptcy judges. This rise of Delaware bankruptcy venue, or Delawarization …

Chapter 11 Reorganization Cases And The Delaware Myth, Harvey R. Miller

Vanderbilt Law Review

Since the mid-1990s, there has been a spirited debate concerning the emergence of the United States Bankruptcy Court for the District of Delaware (the "Delaware Bankruptcy Court") as the virtual Chapter 11 capital for distressed debtor corporations. The "Delawarization" of corporate reorganizations under title 11 of the United States Code (the "Bankruptcy Code"), which occurred during the 1990s as a result of the migration of Chapter 11 cases of large enterprises from other venues to Delaware, has provoked a stream of academic articles debating the consequences of Delaware's emergence. Armed with statistics purporting to demonstrate a high rate of recidivism …

Three Card Monte, Monty Hall, Modus Operandi And "Offender Profiling": Some Lessons Of Modern Cognitive Science For The Law Of Evidence, D. Michael Risinger, Jeffrey L. Loop

Cardozo Law Review

No abstract provided.

Consolidated Groups Must Use A Separate Entity Approach When Reducing Tax Attributes In Bankruptcy, Natalie C. Khavulya-Maksin

Cardozo Law Review

No abstract provided.

The Brown Shoe Of European Union Competition Law, Eric S. Hochstadt

Cardozo Law Review

No abstract provided.

Internalizing Outsider Trading, Ian Ayres, Stephen Choi

Michigan Law Review

Investing in the United States has become a hobby for many. Individual ownership of equity, moreover, has increased over the past decade due in part to the introduction of internet-based trading. While providing the possibility for greater returns compared with bank savings accounts, among other investment alternatives, the public capital markets also pose greater risks for investors. Many individual investors lack both the resources and the incentive to analyze the value of any particular security in the market. Such investors thus trade at a systematic disadvantage relative to more informed parties. In response, regulators have asserted that certain informational disparities …

Copyright And Time: A Proposal, Joseph P. Liu

Michigan Law Review

This Article makes a very specific and concrete proposal: it argues that courts should adjust the scope of copyright protection to account for the passage of time by expressly considering time as a factor in fair use analysis. More specifically, this Article argues that the older a copyrighted work is, the greater the scope of fair use should be - that is, the greater the ability of others to re-use, critique, transform, and adapt the copyrighted work without permission of the copyright owner. Conversely, the newer the work, the narrower the scope of fair use. Or, even more concretely, this …

Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson

Michigan Law Review

In 1985, the Narragansett Indian Tribe ("Tribe") created the Narragansett Indian Wetuornuck Housing Authority ("Authority"). The Authority, which acts on the Tribe's behalf in its housing development and operations, entered into a contract with the Ninigret Development Corporation for the construction of a low-income housing development. After construction began, disputes developed over how to proceed with the construction. When conciliation efforts failed, the Authority cancelled the contract. The Narragansett Tribal Council, the governing body of the Tribe, followed the forum selection clause in the contract and notified the disputants that it would hold a hearing to resolve the dispute. Ninigret …

The Fable Of Entry: Bounded Rationality, Market Discipline, And Legal Policy, Avishalom Tor

Michigan Law Review

Legal scholars have recently advanced a behavioral approach to the law and economics school of thought in an attempt to improve its external validity and predictive power. The hallmark of this new approach is the replacement of the perfectly rational actor with a "boundedly rational" decisionmaker who, apart from being affected by emotion and motivation, has only limited cognitive resources. To function effectively in a complex :world, boundedly rational individuals must rely on cognitive heuristics - simplifying mental shortcuts - that inevitably lead people to make some systematic decision errors; as a result, their behavior necessarily deviates from that predicted …