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This part deals with the basic elements of property law. I begin in chapter by examining the fundamental question of what justifies the social institution of property, that is, the rationale for the rights that constitute what we commonly call ownership. I also discuss examples of the emergence of property rights Then I consider a number of important issues about property rights. In chapter 8, I inquire about the division of property rights(property rights may be divided contemporaneously, over time, and according to contingency). In chapter
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Forthcoming in 2 STAN AGORA(2000). As David Millon so ably demonstrates, metaphor drives much of the debate within corporate law jurisprudence and corporate law scholarship. It has done so for decades, even centuries. Scholars have used metaphors-corporation as person, corporation as creature of the state, corporation as property, corporation as contract
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Discussions of corporate governance reform often combine prescriptions for legal reform with prescriptions for better governance practices. Both sets of prescriptions-for better law and for better practices-typically focus on the board of directors, and particularly outside or \independent\directors. The assumption is that the law can affect the governance behavior of the board by establishing roles for outside directors and by
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1 Faraday's law of electromagnetic induction 1. Experiments ① A magnet and ② two loops of wire,a loop of wire battery and a switch A current is observed in the loop as long as the magnetic flux through the loop is changing with time
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Forthcoming in the Chicago Law Review (2005) In March of 2003, as American tanks rolled toward Baghdad, international lawyers in the United States and abroad decried the action as a violation of the United Nations Charter. The invasion, some worried, would strip away the last pretense that international law could
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Richard Posner wrote in 1986 that the law and economics movement is “perhaps the most important development in legal thought in the last quarter century.”0 Through its application of economic theories and methodologies to legal issues, this movement has revolutionized our understanding of many areas of common law and statutory regulation. Curiously, however
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1. The present paper is intended to inform and stimulate discussion about the rule of law, with a focus on issues that are important for the development and maintenance of effective criminal justice systems. It will be seen that there are differing concepts of the rule of law and that taken broadly it covers a very wide range of legal and social issues. To permit discussion on a uniform basis, the paper
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iuseppe Dari Mattiacci-Francesco Parisi The Economics of Tort Law: A Precis ABSTRACT: Economic analysis has long been employed for the study of tort liability. This paper revisits the main contributions to the subject emphasizing the inherent impossibility for tort liability to set perfectly efficient first-best incentives to take precaution for all parties to an accident and the need to choose among second best
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COMPARATIVE LAW: Method, Science or Educational Discipline? Djalil I. Kiekbaev(Bashkir State University)(1) Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed
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Public Law and Legal Theory Abusive Trademark Litigation and the Shrinking Doctrine of Consumer Confusion: Rethinking Trademark Paradigms in the Context of Entertainment Media and Cyberspace By: Kevin J. Greene Harvard Journal of Law and Public Policy, Vol. 27 (forthcoming) This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection at:
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