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Full-Text Articles in Law
Speeding Up The Crawl To The Top, Michael B. Abramowicz
Speeding Up The Crawl To The Top, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
The literature on competition in corporate law has debated whether competition is a "race to the bottom" or a "race to the top.” This Article endorses the increasing scholarly consensus that competition improves corporate law but argues that the pace of innovation in corporate law is likely to be slow. Because benefits of corporate law innovation are not internalized, neither states nor firms will have sufficient incentives to innovate. That competitive federalism is “to the top" suggests that the model could be applied beyond the corporate charter context, for example to areas such as bankruptcy, but that benefits from such …
Model Behaviour? Anecdotal Evidence Of Tension Between Evolving Commercial Public Procurement Practices And Trade Policy, Steven L. Schooner, Christopher R. Yukins
Model Behaviour? Anecdotal Evidence Of Tension Between Evolving Commercial Public Procurement Practices And Trade Policy, Steven L. Schooner, Christopher R. Yukins
GW Law Faculty Publications & Other Works
The international trade community increasingly focuses upon the purchasing practices of nation states. Developing nations and states seeking to improve their procurement systems expect to glean lessons from the evolution of procurement law regimes in developed nations, including the United States. To the extent that the U.S. procurement regime is perceived (at least by some) as a model, the global community has been intrigued by the United States government's efforts to adopt more commercial practices and buy more commercial items. Yet numerous impediments to a purely commercial public procurement model remain, because commercial practices are invariably less transparent, and raise …
Against Principled Antitrust, Edward T. Swaine
Against Principled Antitrust, Edward T. Swaine
GW Law Faculty Publications & Other Works
Competition policy is on the WTO agenda for the Doha Round, but it is unlikely that it will result in any substantive international standards; the goal, instead, seems to be to agree on core principles to guide the development of national law, including transparency, non-discrimination, and procedural fairness, perhaps extending to special and differential treatment for developing countries. While there is much to commend these principles, this paper takes a deliberately contrarian view, arguing that core principles are not at all where WTO competition policy should begin. It further disputes the appropriateness of applying an emerging meta-principle of the WTO …