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Now showing items 21-30 of 34
Corporate Darwinism
(North Carolina Law Review, 2016)
Because representative shareholder litigation has been constrained by numerous legal developments, the corporate governance system has developed new mechanisms as alternative means to address managerial agency costs. We ...
Are College Presidents Like Football Coaches? Evidence from Their Employment Contracts
(Arizona Law Review, 2016)
College presidents and football coaches are frequently criticized for their high compensation. In this paper, we argue that these criticisms are unmerited, as the markets for both college presidents and football coaches ...
In Defense of Ecosystem Services
(Pace Environmental Law Review, 2016)
Prepared for the Pace’s 2014 Lloyd K. Garrison Lecture, this provides a brief overview of the history of the ecosystem services framework in law and policy, status report on where it is today, and assessment of critiques, ...
Agencies Running from Agency Discretion
(William & Mary Law Review, 2016)
Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered ...
Customary International Law
(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 ...
Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment
(The Journal of Neuroscience, 2016)
The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. ...
The Commensurability Myth in Antitrust
(Vanderbilt Law Review, 2016-01)
Modern antitrust law pursues a seemingly unitary goal: competition. In fact, competition—whether defined as a process or as a set of outcomes associated with competitive markets—is multifaceted. What are offered in antitrust ...
Is the Supreme Court Failing at Its Job, or Are We Failing at Ours
(Vanderbilt Law Review, 2016-05)
Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the ...
Selective Judicial Activism
(Georgetown Journal of Law & Public Policy, 2016)
This Essay, written for a symposium asking “Is the Rational Basis Test Unconstitutional?,” defends the bifurcated-scrutiny approach of Carolene Products and its famous footnote four. A growing cadre of conservative and ...
Conducting a Large, Multi-Site Survey About Patients' Views on Broad Consent: Challenges and Solutions
(BMC Medical Research Methodology, 2016)
As biobanks play an increasing role in the genomic research that will lead to precision medicine, input from diverse and large populations of patients in a variety of health care settings will be important in order to ...