Browsing HLS Scholarly Articles by Title
Now showing items 166-185 of 1910
-
Can Culture Constrain the Economic Model of Corporate Law?
(University of Chicago Press, 2002)The economic model of corporate law could, with a few simple moves, be seen as potentially having cultural limits. Or, better put, the economic model works well in the United States because not much impedes Coasean-style ... -
Can Health Law Become a Coherent Field of Law?
(Wake Forest Law Review, 2006) -
Can the Government Ban Organ Sale? Recent Court Challenges and the Future of US Law on Selling Human Organs and Other Tissue
(Wiley Periodicals Inc., 2012)On December 1, 2011, in Flynn v. Holder, a panel of the US Court of Appeals for the Ninth Circuit upheld the National Organ Transplant Act of 1984 (NOTA) from a constitutional challenge, but interpreted the act such that ... -
Can the Treasury Exempt its Own Companies from Tax? The $45 Billion GM NOL Carryforward
(Cato Institute, 2011)To discourage firms from buying and selling tax deductions, Section 382 of the tax code limits the ability of one firm to use the ‘‘net operating losses’’ (NOLs) of another firm that it acquires. Under the Troubled Asset ... -
Can the United States Afford a "No-Fault" System of Compensation for Medical Injury?
(Duke University School of Law, 1997)One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate ... -
Capital Gains and Ordinary Deductions: Negative Income Tax for the Wealthy
(The Boston College Law School, 1971) -
A Capital Market, Corporate Law Approach to Creditor Conduct
(University of Michigan, Dept. of Law, 2013)The problem of creditor conduct in distressed firms — for which policymakers ought to have the economically-sensible repositioning of the distressed firm as a central goal — has vexed courts for decades. Because courts ... -
Capital Markets and Financial Politics: Preferences and Institutions
(Oxford University Press, 2012)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 ... -
Capital Punishment and Contingency
(Harvard University, Harvard Law School, 2012)This book review of David Garland’s “Peculiar Institution: America’s Death Penalty in an Age of Abolition,” assesses Garland’s contributions both to the literature about the American death penalty and to the broader debate ... -
Carrots & Sticks: How VCs Induce Entrepreneurial Teams to Sell Startups
(Cornell Law School, 2013)Venture capitalists (VCs) usually exit their investments in a startup via a trade sale. But the entrepreneurial team – the startup’s founder, other executives, and common shareholders – may resist a trade sale. Such ... -
A Case for Another Case Method
(Vanderbilt Law School, 2007) -
A Case for Another Case Method
(Vanderbilt Law School, 2007) -
The Case for Increasing Shareholder Power
(Harvard University, Harvard Law School, 2005)This paper reconsiders the basic allocation of power between boards and shareholders in publicly traded companies with dispersed ownership. U.S. corporate law has long precluded shareholders from initiating any changes in ... -
The Case for Kill Switches in Military Weaponry
(Nature Publishing Group, 2014) -
The Case for Managed Judges: Learning from Japan after the Political Upheaval of 1993
(University of Pennsylvania, 2006)Although the executive branch appoints Japanese Supreme Court justices as it does in the United States, a personnel office under the control of the Supreme Court rotates lower court Japanese judges through a variety of ... -
The Case for Mandatory Disclosure in Securities Regulation Around the World
(Brooklyn Law School, 2007)The desirability of mandatory disclosure requirements in securities regulation has been the subject of a longstanding debate among corporate law scholars and economists. The debate has largely focused on the desirability ...