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Articles 1 - 6 of 6

Full-Text Articles in Law

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri Apr 2006

Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri

Dalhousie Law Journal

Dual class shares have been used by Canadian corporations to access public capital markets for the past sixty years. The debates surrounding the regulation of dual class shares have been reenergized. The authors of this article argue that only by looking to the legitimating role of nationalist policy, legislation and discourse in the historical development of dual class share structures can we derive context to the current debates surrounding the regulation of dual class shares and obtain a fuller understanding of the contemporary issues theypresent. Based on an analysis of the use of dual class shares as a financing technique …


Regulatory Reform: The New Lochnerism?, David M. Driesen Mar 2006

Regulatory Reform: The New Lochnerism?, David M. Driesen

ExpressO

This article explores the question of whether contemporary regulatory reformers’ attitudes toward government regulation have anything in common with those of the Lochner-era Court. It finds that both groups tend to favor value neutral law guided by cost-benefit analysis over legislative value choices. Their skepticism toward redistributive legislation reflects shared beliefs that regulation often proves counterproductive in terms of its own objectives, fails demanding tests for rationality, and violates the natural order. This parallelism raises fresh questions about claims of neutrality and heightened rationality that serve as important justifications modern regulatory reform.


The Takeover Directive And Inspire Art: Reevaluating The European Union’S Market For Corporate Control In The New Millennium, Dmitry Tuchinsky Jan 2006

The Takeover Directive And Inspire Art: Reevaluating The European Union’S Market For Corporate Control In The New Millennium, Dmitry Tuchinsky

NYLS Law Review

No abstract provided.


Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr. Jan 2006

Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.

NYLS Law Review

No abstract provided.


Regulation Of Municipal Wi-Fi, Michael Botein Jan 2006

Regulation Of Municipal Wi-Fi, Michael Botein

NYLS Law Review

No abstract provided.