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Now showing items 11-20 of 38
Farms, Their Environmental Harms, and Environmental Laws
(Ecology Law Quarterly, 2000)
Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water ...
Timing Matters: Promoting Forum Shopping by Insolvent Corporations
(Northwestern University Law Review, 2000)
Most commentators decry forum shopping. This general hostility extends to forum shopping by firms filing for bankruptcy. Indeed, Congress is considering legislation designed to reduce forum shopping by companies filing for ...
Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State?
(Florida State University Law Review, 2000)
Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
Against Diversity
(Constitutional Commentary, 2000)
Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
Universal Service in Competitive Retail Electric Power Markets: Whither the Duty to Serve?
(Energy Law Journal, 2000)
This article addresses whether traditional service obligations can coexist with retail competition. A rationale often given for universal service obligations in the telecommunications industry is that universal service, ...
An End to Insanity: Recasting the Role of Mental Disability in Criminal Cases
(Virginia Law Review, 2000)
This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as ...
Working Both (Positivist) Ends Toward a New (Pragmatist) Middle in Environmental Law
(George Washington Law Review, 2000)
This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating ...
Measuring Securities Market Efficiency in the Regulatory Setting
(Law and Contemporary Problems, 2000)
In the "Aircraft Carrier," the Securities and Exchange Commission (SEC) proposed changes in federal securities disclosure requirements in an attempt to enhance and facilitate the process of issuing new securities. Under ...
The Determinants of Shareholder Voting on Stock Option Plans
(Wake Forest Law Review, 2000)
Over the past decade, executive compensation has become a controversial topic. Increasingly, corporate boards of directors are confronted by angry shareholder groups over the size and composition of executive pay packages. ...
Corporate Risk Analysis: A Reckless Act?
(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 ...