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Full-Text Articles in Law
Sovereignty, Taxation And Social Contract, Allison Christians
Sovereignty, Taxation And Social Contract, Allison Christians
Minnesota Journal of International Law
No abstract provided.
Creating A Global Rule Of Law Culture, Sarah Johnson Phillips
Creating A Global Rule Of Law Culture, Sarah Johnson Phillips
Minnesota Journal of International Law
No abstract provided.
Strengthening Demand For The Rule Of Law In Post-Conflict Societies, Jane Stromseth
Strengthening Demand For The Rule Of Law In Post-Conflict Societies, Jane Stromseth
Minnesota Journal of International Law
No abstract provided.
Rule Of Law And The Kosovo Constitution, John Tunheim
Rule Of Law And The Kosovo Constitution, John Tunheim
Minnesota Journal of International Law
No abstract provided.
Searching For The Meaning Of The Rule Of Law: Finding Extraordinary People, Mark S. Ellis
Searching For The Meaning Of The Rule Of Law: Finding Extraordinary People, Mark S. Ellis
Minnesota Journal of International Law
No abstract provided.
The End-Of-Life Vehicle (Elv) Directive: The Road To Responsible Disposal, Raymod J. Konz
The End-Of-Life Vehicle (Elv) Directive: The Road To Responsible Disposal, Raymod J. Konz
Minnesota Journal of International Law
No abstract provided.
Unclos: Securing The United States' Future In Offshore Wind Energy, Kieran Dwyer
Unclos: Securing The United States' Future In Offshore Wind Energy, Kieran Dwyer
Minnesota Journal of International Law
No abstract provided.
Universally Liable - Corporate-Complicity Liability Under The Principle Of Universal Jurisdiction, Kendra Magraw
Universally Liable - Corporate-Complicity Liability Under The Principle Of Universal Jurisdiction, Kendra Magraw
Minnesota Journal of International Law
No abstract provided.
Will Viral Hemorrhagic Septicemia (Vhs) Be The Straw That Breaks The Camel's Back - The Balkanization Of Great Lakes Ballast Water Law, Brian D. Clark
Will Viral Hemorrhagic Septicemia (Vhs) Be The Straw That Breaks The Camel's Back - The Balkanization Of Great Lakes Ballast Water Law, Brian D. Clark
Minnesota Journal of International Law
No abstract provided.
Enabling Private Ordering: Function, Scope And Effect Of Umbrella Clauses In International Investment Treaties, Stephan W. Schill
Enabling Private Ordering: Function, Scope And Effect Of Umbrella Clauses In International Investment Treaties, Stephan W. Schill
Minnesota Journal of International Law
No abstract provided.
A Minnesota Judge's Perspective On The Rule Of Law In China And Kyrgyzstan, Paul H. Anderson
A Minnesota Judge's Perspective On The Rule Of Law In China And Kyrgyzstan, Paul H. Anderson
Minnesota Journal of International Law
No abstract provided.
Understanding The International Rule Of Law As A Commitment To Procedural Fairness, Kevin Burke
Understanding The International Rule Of Law As A Commitment To Procedural Fairness, Kevin Burke
Minnesota Journal of International Law
No abstract provided.
International Bribery: The Moral Imperialism Critiques, Elizabeth Spahn
International Bribery: The Moral Imperialism Critiques, Elizabeth Spahn
Minnesota Journal of International Law
No abstract provided.
The Empirical Judiciary. Book Review Of: Constitutional Fictions: A Unified Theory Of Constitutional Facts. By David L. Faigman, A. Christopher Bryant
The Empirical Judiciary. Book Review Of: Constitutional Fictions: A Unified Theory Of Constitutional Facts. By David L. Faigman, A. Christopher Bryant
Constitutional Commentary
Book review: Constitutional Fictions: A Unified Theory of Constitutional Facts. By David L. Faigman. Oxford University Press. 2008. Pp. xiii + 230. Reviewed by: A. Christopher Bryant
Is Law? Constitutional Crisis And Existential Anxiety, Alice Ristroph
Is Law? Constitutional Crisis And Existential Anxiety, Alice Ristroph
Constitutional Commentary
No abstract provided.
Putting The Law Back In Constitutional Law, Suzanna Sherry
Putting The Law Back In Constitutional Law, Suzanna Sherry
Constitutional Commentary
No abstract provided.
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
Articles
No abstract provided.
Originalism As Jujitsu. Book Review Of: Retained By The People: The "Silent" Ninth Amendment And The Constitutional Rights Americans Don't Know They Have. By Daniel A. Farber, Kurt T. Lash
Constitutional Commentary
Book review: Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have. By Daniel A. Farber. New York: Basic Books, 2007. Pp. xiv + 236. Reviewed by: Kurt T. Lash
Judicial Character (And Does It Matter). Book Review Of: Constitutional Conscience: The Moral Dimension Of Judicial Decision. H. Jefferson Powell; How Judges Think. Richard A. Posner; Judgement Calls: Principle And Politics In Constitutional Law. Daniel A. Farber & Suzanna Sherry, Paul Horwitz
Constitutional Commentary
Book review: Constitutional Conscience: The Moral Dimension of Judicial Decision. H. Jefferson Powell. University of Chicago Press. 2008. Pp. x + 149 ; How Judges Think. Richard A. Posner. Harvard University Press. 2008. Pp. 387 ; Judgement Calls: Principle and Politics in Constitutional Law. Daniel A. Farber & Suzanna Sherry. Oxford University Press. 2009. Pp. xv + 201. Reviewed by: Paul Horwitz
Guantanamo, Boumediene, And Jurisdiction-Stripping: The Imperial President Meets The Imperial Court, Martin J. Katz
Guantanamo, Boumediene, And Jurisdiction-Stripping: The Imperial President Meets The Imperial Court, Martin J. Katz
Constitutional Commentary
No abstract provided.
Judicial Review And Judicial Duty: The Original Understanding. Book Review Of: Law And Judicial Duty. By Philip Hamburger, Nelson Lund
Constitutional Commentary
Book review: Law and Judicial Duty. By Philip Hamburger. Harvard University Press, 2008. Pp. xviii + 658. Reviewed by: Nelson Lund
When And How U.S. Courts Should Cite Foreign Law, Stephen Yeazell
When And How U.S. Courts Should Cite Foreign Law, Stephen Yeazell
Constitutional Commentary
No abstract provided.
Originalism's Misplaced Fidelity: "Original" Meaning Is Not Objective, Tara Smith
Originalism's Misplaced Fidelity: "Original" Meaning Is Not Objective, Tara Smith
Constitutional Commentary
No abstract provided.
Remarks By Chief Judge Kozinski, Alex Kozinski
Remarks By Chief Judge Kozinski, Alex Kozinski
Constitutional Commentary
No abstract provided.
Publius For All Of Us. Book Review Of: The Story Of The Federalist: How Hamilton And Madison Reconceived America. By Dan T. Coenen, Brannon P. Denning
Publius For All Of Us. Book Review Of: The Story Of The Federalist: How Hamilton And Madison Reconceived America. By Dan T. Coenen, Brannon P. Denning
Constitutional Commentary
Book review: The Story of the Federalist: How Hamilton and Madison Reconceived America. By Dan T. Coenen. Twelve Tables Press. 2007. Pp. xi+ 406. Reviewed by: Brannon P. Denning
The Sometimes Unitary Executive: Presidential Practice Throughout History. Book Review Of: The Unitary Executive: Presidential Power From Washington To Bush. Steven G. Calabresi And Christopher S. Yoo, Harold J. Krent
Constitutional Commentary
Book review: The Unitary Executive: Presidential Power from Washington to Bush. Steven G. Calabresi and Christopher S. Yoo. New Haven: Yale University Press. 2008. Pp. xiii +544. Reviewed by: Harold J. Krent
Gender And The Rule Of Law In Transitional Societies, Fionnuala Ní Aoláin, Michael Hamilton
Gender And The Rule Of Law In Transitional Societies, Fionnuala Ní Aoláin, Michael Hamilton
Articles
This article examines a unique relationship—specifically, the connection between the rule of law, as it is imported and experienced in post-conflict/post-repression societies, and gender. We assert that some of the most gendered and problematic dimensions of rule of law discourse and practice can arise with intensity in post-conflict or post-repressive societies. In particular, we explore a fundamental contradiction. Transitional societies bring powerful and transformative moments to global attention.
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
Articles
Today, massive corporations – both national and international – dominate financial and commercial activities, exercising enormous economic power. The standard organizational structure for these businesses has a parent corporation as the sole shareholder of multiple, separately incorporated operating subsidiaries (or layers of subsidiaries) in a corporate group. One particular application of the law of corporate groups entails dealing with the ramifications of subsidiary insolvency. Given the massive financial assets of many multinational parent corporations, actions to ignore the legal separateness of a corporate subsidiary of a parent company offer some of the biggest potential payoffs for claimants. In today's global …
Executive Compensation And The Optimal Penumbra Of Delaware Corporate Law, Claire Hill, Brett Mcdonnell
Executive Compensation And The Optimal Penumbra Of Delaware Corporate Law, Claire Hill, Brett Mcdonnell
Articles
Corporate law has done a very bad job on executive pay: executives have been rewarded for stellar performance that turned out to be anything but stellar, and shareholders have had no meaningful recourse. Indeed, there are many other such cases, where there is no breach of the fiduciary duties of care and loyalty, but the board's behavior nevertheless smacks of a classic agency problem known as structural bias. We argue that law on the books and as enforced is not well situated to deal with structural bias. What shows some promise is the marshaling of extra legal forces that effectively …
Professor Bainbridge And The Arrowian Moment: A Review Of The New Corporate Governance In Theory And Practice, Brett Mcdonnell
Professor Bainbridge And The Arrowian Moment: A Review Of The New Corporate Governance In Theory And Practice, Brett Mcdonnell
Articles
The New Corporate Governance in Theory and Practice, a new book by Stephen Bainbridge, pulls together the leading arguments for director primacy that Bainbridge has made in a series of articles. In his core argument, Bainbridge uses theoretical work by Kenneth Arrow to explain the attractions of the separation of ownership and control with a centralized hierarchy headed by a board of directors. Bainbridge posits that achieving an optimal tradeoff between authority and accountability is the central problem of corporate law. He uses a key passage from Arrow to argue that in making this tradeoff, lawmakers should always make a …