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Articles 1 - 5 of 5
Full-Text Articles in Law
Effects Of Globalization On The Theory Of International Law, Marcelo Dias Varella
Effects Of Globalization On The Theory Of International Law, Marcelo Dias Varella
Marcelo D. Varella
International legal theory is an object that is intensely reshaped and rebuilt, largely due to globalization processes. The way that actors create, implement and control international law is far more prevalent today than it used to be thirty years ago. There is an intensification of the transnational legal process. The dichotomy between national and international law is much less clear. The primary actor continues to involve States, but there is a multiplication and densification of the role of sub-state and non-state actors. A dynamic process prevails over the static one; there is a continuous transformation of international law, by both …
Reforming The Tax Code: A Tale Of Two Purposes And Paralysis, Gene Magidenko
Reforming The Tax Code: A Tale Of Two Purposes And Paralysis, Gene Magidenko
University of Michigan Journal of Law Reform Caveat
Though the presidential election of 2012 is still some time away, national politics have been in the thick of one for several months now. One of the top issues being debated is the tax code. Most agree that the tax code should be simplified, but to say that the proposals to do this are various is an understatement. This perennial question of reform has been a fixture of the national debate for a long time, so little of what can be said about it is particularly novel. All the same, a brief overview of the purposes behind our system of …
Old Habits Die Hard: Disengaging From The Bluebook, Mark Garibyan
Old Habits Die Hard: Disengaging From The Bluebook, Mark Garibyan
University of Michigan Journal of Law Reform Caveat
Incoming first-year law students dread many aspects of what lies ahead: the cold calls, the challenging course load, and the general stress that is associated with starting a new phase in one’s life. Most students, however, do not expect that the Bluebook—the citation system used ubiquitously throughout the legal landscape—will inflict “more pain” on them “than any other publication in legal history.” This pain might be a shock to many who are accustomed to the simpler systems utilized in other academic fields. A citation itself is, after all, merely a reference; it is “neither scholarship nor analysis.” Preferably, a system …
Fragmentation Nodes: A Study In Financial Innovation, Complexity, And Systemic Risk, Kathryn Judge
Fragmentation Nodes: A Study In Financial Innovation, Complexity, And Systemic Risk, Kathryn Judge
Faculty Scholarship
This Article resents a case study in how complexity arising from the evolution and proliferation of a financial innovation can increase systemic risk. The subject of the case study is the securitization of home loans, an innovation which played a critical and still not fully understood role in the 2007-2009 financial crisis. The Article introduces the term "fragmentation node" for these transaction structures, and it shows how specific sources of complexity inherent in fragmentation nodes limited transparency and flexibility in ways that undermined the stability of the financial system. In addition to shedding new light on the processes through which …
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
Faculty Scholarship
No abstract provided.