Mostrando recursos 1 - 20 de 2.058

  1. A Spatial Representation of Delaware-Washington Interaction in Corporate Lawmaking

    Roe, Mark J.
    Delaware and Washington interact in making corporate law. In prior work I showed how Delaware corporate law can be, and often is, confined by federal action. Sometimes Washington acts and preempts the field, constitutionally or functionally. Sometimes Delaware tilts toward or follows Washington opinion, even if that opinion does not square perfectly with its own consensus view of the best way to proceed. And sometimes Delaware affects Washington activity, effectively coopting a busy Washington from acting in ways that do not accord with Delaware’s major constituents’ view of best practice. Delaware influences Washington decision-making when Delaware is positioned between its...

  2. The Settlement Conference as a Dispute Resolution option in Special Education

    Gregory, Michael John; Erlichman, Reece; St. Florian, Alisia

  3. Food is Prevention The Case for Integrating Food and Nutrition Interventions into Healthcare

    Downer, Sarah Elizabeth; Greenwald, Robert; Broad Leib, Emily Michele; Wittkop, Kellen Nicole; Hayashi, Kristen; Leonce, Marissa Lianne; Mallory, Morgan Mallory

  4. Food Is Medicine Opportunities in Public and Private Health Care for Supporting Nutritional Counseling and Medically-Tailored, Home-Delivered Meals

    Ellwood, Malinda; Downer, Sarah Elizabeth; Leib, Emily Broad; Greenwald, Robert; Farthing-Nichol, Duncan; Luk, Eusebius; Mendle, Adrienne

  5. The Unbearable Lightness of Tea Leaves: Constitutional Political Economy in Court

    Michelman, Frank Isaac
    This paper addresses the latest iteration by Joseph Fishkin and William Forbath of their project on the “Anti-Oligarchy Constitution,” sometimes also called by them the “Constitution of Opportunity.” Fishkin and Forbath seek a restoration to American constitutional debates of recognition of the pursuit of republican-compatible distributions of wealth, status, power, and opportunity as a committed guiding norm for the conduct of American government. Professor Forbath (recalling words of Jedediah Purdy) has described the project as one that is more concerned with “growing tea” than “reading tea leaves.” Growing tea means working in public communicative channels where the Constitution figures symbolically...

  6. Securities Litigation and the Housing Market Downturn

    Ferrell, Frank A.; Saha, Atanu
    This paper addresses one of the key issues – the foreseeability of the housing market downturn that began in September of 2007 and intensified in the fourth quarter of 2007 – that must be addressed in assessing the extensive securities class action litigation that has been filed against financial institutions (and others) seeking to recover damages for investor losses arising out of the credit market crisis. We begin our analysis of this issue by first discussing the legal centrality of this issue to much of this litigation. We then turn to answer the question of when the housing market downturn...

  7. Capital Markets and Financial Politics: Preferences and Institutions

    Roe, Mark J.
    For capital markets to function, political institutions must support capitalism in general and the capitalism of financial markets in particular. Yet capital markets’ shape, support, and extent are often contested in the polity. Powerful elements — from politicians to mass popular movements — have reason to change, co-opt, and remove value from capital markets. And players in capital markets have reason to seek rules that favor their own capital channels over those of others. How these contests are settled deeply affects the form, the extent, and the effectiveness of capital markets. And investigation of the primary political economy forces shaping...

  8. Bottom-Feeding at the Bar: Usury Law and Value-Dissipating Attorneys in Japan

    Ramseyer, J. Mark
    Critics have long complained that lawyers dissipate value. Some do, of course. Some legal work dissipates more value than others, and the lawyers who focus on the most notorious rent-seeking sectors extract a heavy toll in the U.S. Whether lawyers choose to focus on value-dissipating or value-enhancing work depends on the institutional structure in place, and the American legal system apparently generates high returns to value-dissipating work. The Japanese legal system traditionally holds down such returns, and Japanese attorneys have invested much less in those sectors. In 2006, the Japanese Supreme Court unilaterally invented an entirely new field of rent-seeking:...

  9. Experimental analysis of the effect of standards on compliance and performance

    Boussalis, Constantine; Feldman, Yuval; Smith, Henry Edward
    Laws can be written along a spectrum of specificity, ranging from vague standards to more detailed rules with particular examples. Behavioral and legal scholarship each present conflicting views about the optimal degree of specificity with which laws should be designed. From a behavioral standpoint, specificity is important to help people understand their goals and use their cognitive resources in a focused manner. At the same time, ambiguity in the law can even encourage good people to engage in creative interpretations of legal requirements, allowing them to justify unethical behavior, with limited awareness of the meaning of that behavior. By contrast,...

  10. A Fundamental Enforcement Cost Advantage of the Negligence Rule over Regulation

    Shavell, Steven
    Regulation and the negligence rule are both designed to obtain compliance with desired standards of behavior, but they differ in a primary respect: compliance with regulation is ordinarily assessed independently of the occurrence of harm, whereas compliance with the negligence rule is evaluated only if harm occurs. It is shown in a stylized model that because the use of the negligence rule is triggered by harm, the rule enjoys an intrinsic enforcement cost advantage over regulation. Moreover, this advantage suggests that the examination of behavior under the negligence rule should tend to be more detailed than under regulation (as it...

  11. Market Definition Alchemy

    Kaplow, Louis
    In a recent series of articles, I argue that the market definition/market share paradigm should be abandoned entirely. Among my central claims are that: (1) as a matter of economic logic, there exists no valid way to infer market power from the market shares in redefined (non-homogeneous-goods) markets — short of entirely reversing the market redefinition; and (2) choosing a best market requires already having in hand one’s best estimate of market power, rendering the exercise pointless — actually worse, since the market power inference from the chosen market is inferior to the estimate with which one began. Not surprisingly,...

  12. Background Noise?

    Kennedy, David W.

  13. When Renewal Repeats: Thinking Against the Box

    Kennedy, David W.

  14. The Turn to Interpretation

    Kennedy, David W.

  15. Receiving the International

    Kennedy, David W.

  16. Presumed consent: licenses and limits inferred from the case of geriatric hip fractures

    Bernstein, Joseph; LeBrun, Drake; MacCourt, Duncan; Ahn, Jaimo
    Background: Hip fractures are common and serious injuries in the geriatric population. Obtaining informed consent for surgery in geriatric patients can be difficult due to the high prevalence of comorbid cognitive impairment. Given that virtually all patients with hip fractures eventually undergo surgery, and given that delays in surgery are associated with increased mortality, we argue that there are select instances in which it may be ethically permissible, and indeed clinically preferable, to initiate surgical treatment in cognitively impaired patients under the doctrine of presumed consent. In this paper, we examine the boundaries of the license granted by presumed consent...

  17. Getting From Here to There: The Transition Tax Issue

    Fleming, J. Clifton Jr.; Peroni, Robert J.; Shay, Stephen E.
    If there is fundamental U.S. international income tax reform, regardless of the reform option chosen, the United States must decide how to handle the $2.4 trillion to $2.6 trillion of previously untaxed foreign income accumulated by U.S. multinational corporations. In this report, Fleming, Peroni, and Shay argue that the proper approach is to treat the income as a subpart F inclusion in the year before the effective date of fundamental reform and to tax it at regular rates with an option to make the payments in installments that bear market-rate interest. The authors explain why the case for a low...

  18. Speculations on the Future of Religion

    Clark, Robert Charles
    The attached paper is a draft of the concluding chapter in a book about religion in relation to other social systems (governments, economic markets, and secular social groups and entities). Prior chapters reviewed multiple theories and many empirical studies, as well as social-science scholarship, bearing on the relative advantages and costs of the four types of systems as they attempt to provide multiple kinds of benefits for human individuals and groups. The attached table of contents may give a more concrete sense of those inquires. A general theme that emerged was that the four systems not only have relative advantages...

  19. The International Anti-Corruption Campaign

    Kennedy, David W.

  20. Understanding Income Tax Deferral

    Halperin, Daniel I.; Warren, Alvin Clifford
    The goal of this brief note is to clarify the role of deferral in income taxation by introducing a distinction between pure deferral and counterparty deferral. Pure deferral (such as a current deduction for a capital expenditure) is equivalent to an interest-free loan from the government and, under certain assumptions, to a tax exemption for investment income. Counterparty deferral (such as qualified or nonqualified deferred compensation) shifts taxation of investment income to another party or account, so the advantage depends on the counterparty’s tax rate. Failure to understand these relationships can lead to erroneous conclusions. For example, it is sometimes...

Aviso de cookies: Usamos cookies propias y de terceros para mejorar nuestros servicios, para análisis estadístico y para mostrarle publicidad. Si continua navegando consideramos que acepta su uso en los términos establecidos en la Política de cookies.