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Now showing items 11-20 of 91
James D. Cox: The Shareholders' Best Advocate
(Duke Law Journal, 2016)
This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox of the Duke ...
A Pox on Both Your Houses
(Journal of Law, Economics, and Policy, 2013)
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie ...
Saving the Political Consensus in Favor of Free Trade
(Vanderbilt Law Review, 2017)
2016 is the year that the political consensus in favor of liberalized international trade collapsed. Across the world, voters’ belief that international trade agreements lead to economic inequality threatens to derail ...
Commenting on Geier v. American Honda Motor Co.
(Harvard Law Review, 2000)
Preemption is probably the most frequently used constitutional doctrine in practice. It is the doctrine by which Congress supersedes state law and establishes uniform federal regulatory schemes to ensure the smooth ...
State Criminal Appeals Revealed
(Vanderbilt Law Review, 2017)
Every state provides appellate review of criminal judgments, yet little research examines which factors correlate with favorable outcomes for defendants who seek appellate relief. To address this scholarly gap, this paper ...
Quieting the Shareholders' Voice
(Southern California Law Review, 2016)
The integrity of shareholder voting is critical to the legitimacy of corporate law. One threat to this process is proxy “bundling,” or the joinder of more than one separate item into a single proxy proposal. Bundling ...
Survey Mode Effects on Valuation of Environmental Goods
(International Journal of Environmental Research and Public Health, 2011)
This article evaluates the effect of the choice of survey recruitment mode on the value of water quality in lakes, rivers, and streams. Four different modes are compared:bringing respondents to one central location after ...
Locking Up Our Own
(The Journal of Things We Like, 2017)
Locking Up Our Own: Crime and Punishment in Black America is a look at the recent history of African-American attitudes toward crime. In many ways the book is a codicil to Michelle Alexander’s well-known work, The New Jim ...
Music As a Matter of Law
(Harvard Law Review, 2018)
What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...
Codifying Custom
(University of Pennsylvania Law Review, 2012)
Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported ...