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Articles 1 - 30 of 97
Full-Text Articles in Law and Economics
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School
Reports and Resources
No abstract provided.
Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael Goodyear
Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael Goodyear
Articles & Chapters
Bollywood and the Indian film industry have enjoyed enormous success as one of the largest producers of movies in the world. Yet despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, in U.S. and other films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty …
A Rising Tide Lifts All Consumers: Penumbras Of Foreign Data Protection Laws In The United States, Michael Goodyear
A Rising Tide Lifts All Consumers: Penumbras Of Foreign Data Protection Laws In The United States, Michael Goodyear
Articles & Chapters
With the growth of collecting, processing, and transferring personal information to third parties, consumers’ data is increasingly exposed to a myriad of risks. Perhaps chief among these are the data protection practices of data collectors themselves. Yet despite the risk to consumers, U.S. data protection law has remained fragmented, focused on individual industries at the federal law and only made comprehensive, occasionally, at the state level. This lack of a comprehensive data protection law in the United States is a significant detriment to the security of U.S. consumers. International law also offers no such path that could comprehensively protect U.S. …
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Articles & Chapters
New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …
Fighting Fire With Fire: A Repeat Violator Policy For The Wto, Michael Goodyear
Fighting Fire With Fire: A Repeat Violator Policy For The Wto, Michael Goodyear
Articles & Chapters
The Trump presidency and other reactionary conservative governments present an immensely powerful danger to the World Trade Organization ("WTO"). The WTO is largely built on Members' willingness to comply with its rules, and the current Dispute Settlement Understanding ("DSU") is too weak to deter an avowed enemy of the WTO such as President Trump. This poor enforcement system particularly hurts developing countries, which lack the power under the DSU to effectively deter economic giants like the United States. The recent Doha Round was supposed to create a more effective enforcement mechanism under the DSU, but it fell apart before any …
Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe
Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe
Articles & Chapters
After Jeffrey Epstein committed suicide in jail, two judges allowed his accusers to speak in court. This article argues that the proceedings were inappropriate because the criminal case ends when the defendant dies. If the conviction and appeal are not final, there is no finding of guilt, and the defendant is still presumed innocent. Allowing accusers to speak at this time violates the principle of due process and threatens to undermine faith in judges and the criminal justice system in general. While courts are at times legally required to hear from victims of crimes, they were not allowed to do …
Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell
Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell
Articles & Chapters
Politically charged claims about both "capitalism" and "risk" became increasingly insistent in the late twentieth century. The end of the post-World War II boom in the 1970s and the subsequent breakup of the Soviet Union inspired fervent new commitments to capitalist ideas and institutions. At the same time structural changes in the American economy and expanded industrial development across the globe generated sharpening anxieties about the risks that those changes entailed. One result was an outpouring of roseate claims about capitalism and its ability to control those risks, including the use of new techniques of "risk management" to tame financial …
Shareholder Cultivation And New Governance, Tamara Belinfanti
Shareholder Cultivation And New Governance, Tamara Belinfanti
Articles & Chapters
Several formal proposals have been made to address shareholder short-termism and speculative behavior. These include the imposition of a financial transaction tax, changes to the U.S. capital gains tax rate, and the adoption of an Investor Stewardship Code in the United Kingdom. This Article reverses the focus from top-down solutions and instead, focuses on bottom-up grass root solutions that corporations can employ, and in some cases do already employ to achieve substantially the same effect of rewarding certain types of shareholder behavior while discouraging others — a process I refer to as "Shareholder Cultivation." While many of the techniques and …
Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti
Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti
Other Publications
No abstract provided.
Dodd-Frank And International Regulatory Convergence: The Case For Mutual Recognition, Nicholas W. Turner '12
Dodd-Frank And International Regulatory Convergence: The Case For Mutual Recognition, Nicholas W. Turner '12
NYLS Law Review
No abstract provided.
A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning
A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning
Articles & Chapters
No abstract provided.
Beyond Economics In Pay For Performance, Tamara C. Belinfanti
Beyond Economics In Pay For Performance, Tamara C. Belinfanti
Articles & Chapters
This article argues that while much of the intellectual energy has focused on the economics of executive pay, the challenge of executive compensation is as much a challenge of human behavior as it is one of economics. The raison d’etre of pay for performance (PFP) is to motivate executives to make decisions that are in the best interest of their firm and its shareholders. Attention to the relevant individual, situational, cultural, and institutional dynamics (what I term “behavioral dynamics”) that affect how executives are motivated and how they value future rewards is critical for the sustainability of PFP as a …
Sec V. Byers, David M. Brown
Lyondell: A Note Of Approbation, William W. Bratton
Lyondell: A Note Of Approbation, William W. Bratton
NYLS Law Review
No abstract provided.
Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan
Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan
NYLS Law Review
No abstract provided.
Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant
Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant
NYLS Law Review
No abstract provided.
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
NYLS Law Review
No abstract provided.
Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter
Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter
NYLS Law Review
No abstract provided.
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
NYLS Law Review
No abstract provided.
What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin
What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin
NYLS Law Review
No abstract provided.
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
NYLS Law Review
No abstract provided.
Good Faith In Revlon-Land, Christopher M. Bruner
Good Faith In Revlon-Land, Christopher M. Bruner
NYLS Law Review
No abstract provided.
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
NYLS Law Review
No abstract provided.
Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman
Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman
NYLS Law Review
No abstract provided.
Good Faith After Disney: Justice Berger’S Closing Discussion, Carolyn Berger
Good Faith After Disney: Justice Berger’S Closing Discussion, Carolyn Berger
NYLS Law Review
No abstract provided.
Estate Of Pew V. Cardarelli, Natallia Krauchuk
Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock
Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock
NYLS Law Review
No abstract provided.
Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab
Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab
NYLS Law Review
No abstract provided.
Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz
Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz
NYLS Law Review
No abstract provided.
A Board’S Duty To Monitor, Eric J. Pan