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Articles 121 - 150 of 162
Full-Text Articles in Law and Economics
Economic Justice In Divorce, Emily Jackson
Economic Justice In Divorce, Emily Jackson
Cardozo Journal of Equal Rights & Social Justice
The article examines the challenges of achieving economic justice in divorce, particularly for women, who often face financial hardship due to their caregiving roles. It critiques the "clean break" principle in spousal support, arguing that it neglects the economic sacrifices of custodial parents and the value of human capital investments. While spousal support may reinforce gender stereotypes, its denial can perpetuate inequality. The article advocates for a more nuanced legal framework that considers the interplay of law, theory, and social reality to address the economic realities of divorce effectively.
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Grant Gilmore, Holmes, And The Anxiety Of Influence, Charles M. Yablon
Articles
The article explores Grant Gilmore's ambivalent relationship with Oliver Wendell Holmes, particularly in The Death of Contract. Gilmore both praises Holmes's intellectual brilliance and critiques his formalistic approach to contract law. Drawing on Harold Bloom's The Anxiety of Influence, the analysis suggests that Gilmore engages in a struggle with Holmes's legacy, reflecting a mix of admiration and opposition, akin to how strong poets handle influential predecessors.
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Articles
In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …
The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price
The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price
Articles
The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.
Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder
Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder
Articles
Margaret Jane Radin's theory of property for personhood posits that certain personal property is deeply intertwined with individual identity, necessitating legal protections that go beyond traditional property rights. While her approach offers a feminist perspective by emphasizing the body and body-like objects as extensions of selfhood, critics argue that her framework lacks an account of community and intersubjectivity, rendering it incomplete. The article suggests that integrating insights from Hegel and Lacan could provide a more comprehensive understanding of property relations, addressing both personal and communal dimensions.
On The Efficiency Of Secured Lending, David G. Carlson
On The Efficiency Of Secured Lending, David G. Carlson
Articles
The article challenges the Law and Economics movement's assertion that secured lending is inefficient, arguing instead that it can be efficient by reducing risk and lowering the cost of credit. Carlson contests the movement's reliance on outdated theories like the Modigliani-Miller model, which he believes fails to account for real-world factors such as time and risk. He posits that secured lending can prevent debtor misbehavior, thereby making credit more accessible and reducing risks for creditors.
The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn
The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn
Cardozo Law Review
Bankruptcy law was once considered a rather insular sub-specialty of commercial law. Bankruptcy scholars of an earlier time devoted their energies to drafting bankruptcy legislation, mastering its particulars, and systematizing the case law. When these scholars attempted to locate larger themes in bankruptcy, they labored with great deference to positive expressions of bankruptcy's purpose.
Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson
Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson
Cardozo Law Review
The Bankruptcy Code is deeply confused about the metaphysics of the undersecured creditor. In general, it wants to stop the clock on creditor claims. Creditor claims are allowed as of the day of the bankruptcy petition; they may not grow over time. Thus, postpetition interest is forbidden, because this would admit that time exists. But, inconsistently, postpetition interest is allowed to oversecured creditors-though only to the extent of the equity cushion. Thus, time is not abolished for oversecured creditors. Yet every oversecured creditor is implicitly an undersecured creditor, and perhaps vice versa. That is to say, once an equity …
The 1992 Cable Act And The First Amendment: What Must, Must Not, And May Be Carried, Gary S. Lutzker
The 1992 Cable Act And The First Amendment: What Must, Must Not, And May Be Carried, Gary S. Lutzker
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky
Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky
Articles
No abstract provided.
Relational Investing And Agency Theory, Ian Ayres, Peter Cramton
Relational Investing And Agency Theory, Ian Ayres, Peter Cramton
Cardozo Law Review
This Article analyzes how, and when, corporate governance could be improved by utilizing "relational investing." The term relational investing is just coming into vogue and there does not yet seem to be a consensus on what it means. Although the term has been trumpeted on the cover of Business Week, before the Conference on Relational Investing at Columbia University, relatively little legal writing had been published on the subject.
Controlling The Dark Side Of Relational Investing, Edward B. Rock
Controlling The Dark Side Of Relational Investing, Edward B. Rock
Cardozo Law Review
This season's candidate for shareholders' champion is the "relational investor." If only more investors would take large positions and then carefully and patiently work with managers to maximize long-term value, corporations would thrive, takeovers would be unnecessary, and we would grow rich or at least richer. Others have focused on the possibilities and patterns. In this Article, I focus on some of the problems.
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe's Paper, Charles M. Yablon
Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe's Paper, Charles M. Yablon
Articles
The article critiques the current state of corporate law theory, particularly the "nexus of contracts" model, for being overly simplistic and failing to provide a realistic or normatively satisfying account of corporate behavior. It argues that while critiques of this model exist, there is no substantial alternative theory, and the field remains mired in incremental debates that lack depth or practical relevance. The author suggests that corporate law scholarship should adopt a more practical, lawyerly approach, focusing on policy arguments and real-world implications rather than theoretical abstractions.
On The Margins Of Microeconomics, David G. Carlson
On The Margins Of Microeconomics, David G. Carlson
Cardozo Law Review
No abstract provided.
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
Cardozo Law Review
No abstract provided.
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Articles
No abstract provided.
On The Allocation Of Burdens Of Proof In Corporate Law: An Essay On Fairness And Fuzzy Sets, Charles M. Yablon
On The Allocation Of Burdens Of Proof In Corporate Law: An Essay On Fairness And Fuzzy Sets, Charles M. Yablon
Cardozo Law Review
No abstract provided.
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Cardozo Law Review
No abstract provided.
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
Environmental Accountability Beyond Compliance: Externalities And Accounting, Arthur J. Jacobson
Environmental Accountability Beyond Compliance: Externalities And Accounting, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Cardozo Law Review
No abstract provided.
Painting A Dark Picture: The Need For Reform Of Irs Practices And Procedures Relating To Fine Art Appraisals, Jessica L. Furey
Painting A Dark Picture: The Need For Reform Of Irs Practices And Procedures Relating To Fine Art Appraisals, Jessica L. Furey
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Current Issues In Cable Television: A Re-Balancing To Protect The Consumer, Norman M. Sinel, Patrick J. Grant, Caroline H. Little, William E. Cook
Current Issues In Cable Television: A Re-Balancing To Protect The Consumer, Norman M. Sinel, Patrick J. Grant, Caroline H. Little, William E. Cook
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Combine And Conquer: Rethinking The Regulation Of Stock Index Futures, Marianne T. Spinelli
Combine And Conquer: Rethinking The Regulation Of Stock Index Futures, Marianne T. Spinelli
Cardozo Law Review
No abstract provided.
Toward A More “Just” Economics Of Justice - A Review Essay, Gary Minda
Toward A More “Just” Economics Of Justice - A Review Essay, Gary Minda
Cardozo Law Review
No abstract provided.
Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant
Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant
Cardozo Law Review
No abstract provided.
Regulation And The United States Corporation: An Alternative To Law-And-Economics, Jan G. Deutsch
Regulation And The United States Corporation: An Alternative To Law-And-Economics, Jan G. Deutsch
Cardozo Law Review
No abstract provided.
Where Do We Go From Here - An Overview, Milton Handler
Where Do We Go From Here - An Overview, Milton Handler
Cardozo Law Review
No abstract provided.