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- Dutch treat: Netherlands judiciary only goes halfway towards adopting Delaware trilogy in takeover context
- ABSTRACT This Note examines Dutch takeover law in light of the current inter-EU competition to attract entities to individual Member States. The recent hostile takeover of the Dutch bank, ABN AMRO, provides an excellent example of the Netherlands' opportunity to use its judiciary to solidify its reputation as a...
- Research articles 2008-10-01
- Garrett Epps
- MR. EPPS: Thanks, Paul. Paul's invitation to come to this conference and honor Professor Dershowitz, whom I will call Professor Dershowitz since we've barely met and I never was a student, arrived, luckily, on a Thursday. And I say luckily because on Sundays, Tuesdays and Thursdays, I say to myself,...
- Research articles 2008-06-22
- Visibility, accountability and discourse as essential to democracy: the underlying theme of Alan Dershowitz's writing and teaching
- I have been writing about the law and justice for half a century. My first published law review piece appeared in 1960 as a student note in the Yale Law Journal. (1) Since that time, I have published nearly thirty books and hundreds of articles covering a wide range of...
- Research articles 2008-06-22
- Legal determinacy as presumptive fiction: the Blackmun papers on the primacy of life and the machinery of death
- Concerns for rationality and consistency have informed contemporary legal philosophy in no small measure. So-called "non-skeptic" jurists such as Ronald Dworkin (1) and Nell MacCormick (2) have been characterized as "formalist standard bearers" for their thoughts regarding the need for logical, deductive justification in the law and the application of...
- Research articles 2008-03-22
- Liminal language: boundaries of magic and honor in early modern Essex.
- In 1645, in the small village of Stisted, Essex, two serving maids told the Justice of the Peace that a group of twenty or more men and women had, on several occasions, visited various gentry households where they "conjured" the residents to sleep. This group included ...
- Research articles 2007-12-22
- In solidarity with the imprudent: a defense of luck egalitarianism
- Luck egalitarians hold that inequalities are unjust when they are the outcome of individuals' unchosen natural and social circumstances. (1) Accordingly, they hold that justice requires compensating individuals only for disadvantages for which one cannot be held responsible. Arguably, it follows that luck egalitarians must deny our obligation to provide...
- Research articles 2007-04-01
- Removing the government's immunity from suit in federal cases
- [A citizen cannot sue the government without a 'right to proceed', that is, a law removing the government's immunity from suit. Current High Court doctrine holds that, in cases in federal jurisdiction, a right to proceed derives by implication from the grant of jurisdiction. This article subjects that doctrine to...
- Research articles 2006-12-01
- Competition law, adjudication and the High Court
- [This article explores the statutory interpretative practices and debates in recent competition law cases considered by the High Court. While these debates appear to centre on 'textual/literal' versus 'contextual/purposive' interpretative practices, further examination reveals that these theoretical differences do not adequately predict outcomes. Instead, these practices often mask undisclosed policy...
- Research articles 2006-12-01
- The Constitution in a Time of National Emergency: an interview with Judge Richard Posner
- In September, Oxford University Press published Not a Suicide Pact: The Constitution in a Time of National Emergency, written by Richard Posner, a judge on the US. Court of Appeals for the Seventh Circuit. Judge Posner's book, which explores how we might strike a balance between constitutionally protected liberties and...
- Research articles 2006-11-01
- Cosmopolitan justice and institutional design: an egalitarian liberal conception of global governance
- My aim in this paper is to address the question: What kind of political institutions should there be? Should there be a system of states? Should there be global institutions? If there should be global institutions, what should their roles be and what powers should they possess? These are all...
- Research articles 2006-10-01
- Cosmopolitanism and political communities
- 1. Introduction This paper has two interrelated aims. The first, less developed part of the argument is to investigate the relationship between cosmopolitan justice and arguments for political boundaries. There is very little argument relating the two, (1) in part because there are very few explicit justificatory arguments for...
- Research articles 2006-10-01
- The slow, just, unfinished demise of the Buckley compromise: Randall v. Sorrell
- In 1976, the Supreme Court decided Buckley v. Valeo, (1) laying out the fundamental compromise that has guided campaign finance decisions ever since. Buckley held that though the government could not restrict how much a campaign spent, it could restrict how much a person contributed to a campaign. (2) This...
- Research articles 2006-09-22
- Citizenship entitlements beyond borders? Identifying mechanisms of access and redress for affected publics in international environmental law
- I argue that although international law is state centric in nature, there is a growing body of international environmental law that allows at least some input from public actors in implementing key substantive and procedural obligations. The evolution of these environmental entitlements is linked to the global diffusion of democratic...
- Research articles 2006-07-01
- Citing foreign and international law to interpret the constitution: what's the point?
- Some years ago, I was lecturing in Brazil and Argentina on constitutional issues, and I spoke one day to a group of Brazilian judges on criminal procedure and due process rights in the United States. When I was finished, up stood one very frustrated Brazilian judge who complained that when...
- Research articles 2006-06-22
- A model for emergency service of VoIP through certification and labeling
- I. INTRODUCTION II. EXISTING MODELS FOR CERTIFICATION A. Theory and Practice of Certification B. Certification Examples 1. Underwriters Laboratories and Product Safety ...
- Research articles 2006-01-01
- 'Fraud on the market': judicial approaches to causation and loss from securities nondisclosure in the United States, Canada and Australia
- [Shareholder actions arising from misstatements and nondisclosure have been part of the legal landscape in the United States for some time. The Wall Street stock market crash of the 1920s saw the early development in the United States of strong laws for the protection of investors in the stock market,...
- Research articles 2005-12-01
- Public Law
- PUBLIC LAW. By Adam Tomkins. (1) Oxford: Clarendon Press, 2003. Pp. xx, 231. $24.95. American constitutional lawyers have always been curious about British public law. Blackstone, of course, was the most widely-read legal work in the early republic. More recently, the United States Supreme Court has construed Congress's power...
- Research articles 2004-12-22
- Should public relations experts ever be privileged persons?
- INTRODUCTION Over the past decade, the media fixation with pursuing crime stories has made it increasingly difficult for persons accused of a crime to enjoy a fair judicial process. (2) The media's concentration on trials to increase ratings and profits delivers what the voyeuristic public wants to see: raw...
- Research articles 2004-11-01
- State income tax jurisdiction: a jurisprudential and policy perspective
- INTRODUCTION One of the most contentious issues in state taxation is the reach of the states' jurisdiction to tax net income. The failure to resolve this issue is a leading cause of the recent dramatic decline in state corporate income tax revenues. (1) Familiar forces of change are at...
- Research articles 2003-10-01
- Al-Mujadalah and Al-Mujadilah Then and Now:1 Kalam, Dialectical Argument, and Practical Reason in the Qur'an
- We generally say that so far as the supreme deity and the universe are concerned, we ought not to bother our heads hunting up explanations, because that is an act of impiety. In fact, precisely the opposite seems to be true ... [and] it's quite impossible to keep quiet about...
- Research articles 2003-01-01
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