Browsing Law School by Title
Now showing items 212-231 of 1363
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(Stanford Law Review, 2000)Balancing of risk and cost lies at the heart of standard negligence tests and policy analysis approaches to government regulation. Notwithstanding the desirability of using a benefit-cost approach to assess the merits of ...
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(Vanderbilt Law Review, 2009)Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decision-making in the public sphere. Directors are assumed to be agents of the shareholders ...
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(Vanderbilt Law Review, 2005)For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
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(Vanderbilt Law Review, 2005)For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
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(University of Illinois Law Review, 2008)The state competition for corporate law has long been studied as a distinct phenomenon. Under the traditional view, corporations are subject to a unique choice-of-law rule, the internal affairs doctrine (IAD). This rule ...
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(Democracy: A Journal of Ideas, 2019)The real threat to liberal democracy isn’t authoritarianism--it's nationalist oligarchy. Here's how American foreign policy should change.
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(Democracy: A Journal of Ideas, 2019)The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich ...
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(Harvard Law Review, 2008)Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency ...
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(Virginia Law Review, 2009)Since the wars in Afghanistan and Iraq, military strategists, historians, soldiers, and policymakers have made counterinsurgency's principles and paradoxes second nature, and they now expect that counterinsurgency operations ...
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(The New Republic, 2009)Camp Julien is surrounded by reminders of Afghanistan’s past. The coalition military base— which sits in the hills south of Kabul, just high enough to rise above the thick cloud of smog that perpetually blankets the city—is ...
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(Arizona Law Review, 2001)This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic ...
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(Harvard Law Review, 2015)It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission ...
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(Harvard Law Review, 2014)In late August 2013, after Syrian civilians were horrifically attacked with sarin gas, President Barack Obama declared his intention to conduct limited airstrikes against the Syrian regime of President Bashar al-Assad. A ...
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(Fordham Law Review, 2000)This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows ...
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(Stanford Law & Policy Review, 2011)The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in ...
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(Minnesota Law Review, 2007)Scholars describe the one-drop rule--the idea that any African ancestry makes a person black--as the American regime of race. While accounts of when the rule emerged vary widely, ranging from the 1660s to the 1920s, most ...
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(Harvard Law Review, 2007)Sixth Amendment--Allocation of Factfinding in Sentencing.--Apprendi v. New Jersey spawned a series of Supreme Court sentencing decisions which, when viewed together, are at best confusing and at worst contradictory. ...
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(Stanford Law Review, 2000)The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units ...
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(Michigan Journal of International law, 2016)Contemporary international lawmaking is characterized by a rapid growth of “soft law” instruments. Interdisciplinary studies have followed suit, purporting to frame the key question states face as a choice between soft and ...
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(Iowa Law Review, 2012)According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...