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involved special masters where judges required them to preserve communities of interest in redrawn voting districts. Third, it will survey various efforts by political scientists to define a “community
Irvine School of Law Follow this and additional works at: http://digitalcommons.law.yale.edu/yjreg Part of the Law Commons Recommended Citation David Min, Corporate Political Activity and Non-Shareholder ... restrictions on corporate political activity. This Article argues that they should. It is the first to explore the potential agency costs that corporate political activity creates for nonshareholders, and in so
The Administrative Procedure Act's provisions on formal adjudication give individuals charged in administrative enforcement actions the right to an in-person oral hearing. But not always. Agency prosecutors can circumvent formal hearing procedures without the consent of the defendant by resolving cases on "administrative summary judgment. "
effect such a change has been repeatedly introduced in Congress. But it has not gotten very far. This article analyzes the political history of the regulation of derivative securities in the United States ... (by the securities industry in particular) and shifting political majorities, because of its support by the committee organization of Congress and by a tripartite winning coalitionof interestgroups
Televised political debates have become a staple of modern elections. Proponents of open access to such debates argue that third party participation is a democratic necessity. They see as ... Take Time to Speak Up, Presidential Debate a Good Opportunity to be Seen and Heard, BOSTON GLOBE, Oct. 3, 2000, at BI. 2 On the media front, in addition to free access to political debates as an
individual voter at the polls to cast his vote, untrammeled, for the candidate of his choice is no more sacred than the right of the individual member of a political party to express his choice for party ... public office.119 He reminded the Convention that the Bill of Rights Committee had heard from young people who had demonstrated “responsibility [and] enthusiasm towards the prospect of political equality
Shareholder primacy has long dominated American legal thought and politics across the ideological spectrum. Over the past several years, however, U.S. political progressives have begun to criticize ... resources and engage in activities designed to increase its profits.”10 Despite shareholder primacy’s conservative nascence, by the late 2000s U.S. political progressives had adopted the theory as a
political character of property rights in the modern state through a case study of why New York taxi medallions continue to exist. Prominent explanations of the evolution of property rights imply that they ... regulatory view ofproperty rights as top-down creations of the state. As instruments of the state, property rights arise and persist from political decision-making processes influenced by interest group
subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely ... boundary problem, which has been the center of debate of both political philosophy and jurisprudence. Solutions to the problem are propounded with the republican democratic theory, liberal nationalism theory
subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely ... boundary problem, which has been the center of debate of both political philosophy and jurisprudence. Solutions to the problem are propounded with the republican democratic theory, liberal nationalism theory
creates a demand for tools that aid in decision making. One of these tools is Computer Aided Engineering which uses the Finite Element Method that requires a long time to be executed. The philosophy of
, this review process has generated tremendous political controversy and academic inquiry since President Reagan mandated the practice on a wide-scale basis in 1981. The Bush amendments have been no ... process has generated tremendous political controversy and academic inquiry since President Reagan mandated the practice on a wide-scale basis in 1981. 3 The Bush amendments have been no exception, sparking
, therefore, deregulation itself should not be questioned. Each disaster is just a symptom, however, of something more fundamental and structural: the failure of modern American political discourse to ... alleviated, the underlying causes of the crisis. Political discourse on the Bush Administration's National Energy Plan suffers from similarproblems. Our nation, therefore, runs a serious risk of repeating the
appropriate techniques for presidential control of administration and (ii) the relevance of separated powers when American government is under unified political control. To give this analysis a concrete context ... ) the relevance of separated powers when American government is under unified political control. These issues have a history stretching back to the Republic's founding, but retain contemporary relevance
first knew Massimo through his brilliant work. Then I came to know him personally. I was surprised when an author of his stature suggested that we write a book of political theory together and felt ... extends his appreciation to the Barry Law Review editorial team, especially Michael Hristakopoulos, for their substantial edits and efforts that made this paper possible. 1 Mohammed Fadel, Political
2005, the proposed acquisition of U.S. energy giant Unocal by a subsidiary of the government-controlled China National Offshore Oil Corporation was derailed by intense political pressure and national ... fundsinvestment funds that are closely linked with states.4 The frequent political opposition to foreign acquisitions can be driven not only by genuine national security concerns, but also by protectionist
political paralysis, political gamesmanship, procedural voting impediments, or any reason other than a clear desire to force the nation to default on its debt; that more U.S. debt is coming due than can be ... Congress over unauthorized borrowing a nonjusticiable political question. See generally Baker v. Carr, 369 U.S. 186, 217 (1962) (enumerating the factors relevant to the question whether a particular suit
such a plan relative to a Pigouvian tax or a program of subsidies and regulatory mandates, as well as its disadvantages. One advantage is that it might incur less political opposition than a tax, because ... tax, but does not reduce aggregate consumer demand and, we believe, has other important incentive effects and political advantages relative to a Pigouvian tax. The essential idea is to set a floor
This paper develops a transaction cost economic model for regulation and applies the model to environmental siting regulations designed to overcome NIMBY ("Not In My Back Yard') political opposition ... investment, 5 and the organization of legislatures and political bodies to facilitate political agreements and compromises. 6 Consequently, the theory of the firm has begun to explain far more than just the
Politicians, regulators and antitrust analysts have often used the presence of price discrimination as an indicator of market power. They are often motivated by political pressure from buyers facing ... , political pressure generated by resentment of price discrimination is usually expressed as calls for measures that eliminate the market power assumed to underlie it. And given that perfect regulation is as
