A Hybrid Conservatorship Model for Greece?

There is no abstract available for this ite

Banks must help solve the lurking crisis in mortgage defaults

Opinion articl

Transnational commercial law: the way forward

This Article seeks to examine the impelling need for the creation of international rules to govern international commerce, the motivations thereof, and international experience in that regard. No nation is immune from the need to craft solutions of an international nature to govern its interactions with others. This need extends across the spectrum from systems as evolved as the United States to those of some African nations. Distrust can only be overcome in the presence of rules that are formulated by the international community. The following pages examine these issues in the context of two international instruments: the United Nations Convention on the International Sale of Goods ("CISG") and the Convention on International Interests in Mobile Equipment ("CIIME")

Russia's Islamic time bomb

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From Darfur to Sinai to Kashmir: The Case for Legalization

This Article analyzes peace agreements in regions with a history of ethno-religious conflicts to determine if there are correlations between the form and substance of the agreements and their successful implementation. For purposes of comparison, I examine several agreements between India and Pakistan, the historic agreement between Israel and Egypt, and the Darfur Peace Agreement, as exemplars of similar conflict situations where a study of agreement design has salience. I endeavour to apply the legalization theory articulated by Kenneth Abbott, et al., to test the explanatory power of the obligation-precision-delegation matrix. [FN1] The Kashmir dispute has raged on for over five decades and has consumed thousands of lives making the region one of the most dangerous conflict zones in the modern world. [FN2] The terrible price, both in terms of human lives and defense expenditures, has not made much of an impact in pushing the parties towards finding a peaceful solution. [FN3] This *404 indifference to cost is not unique--several other dyads that are deeply sundered by ethnic and religious divisions share the same disregard for human suffering with the same devastating consequences. [FN4] The fragility of peace in these conflict zones and the fluctuation of rhetoric depending on the regime in power have meant that hope for a peaceful settlement is slim, [FN5] which might explain the shortage of significant attention to the analysis of such peace negotiations and agreements by legal scholars. The closed and secret nature of the negotiations and the low involvement of the legal community in them have contributed to this state of affairs. One consequence of such indifference has been the repetition of the same features in agreements despite evidence of failure. The scholarly community has to analyze the agreements to unearth avenues that can maximize the probability of better outcomes if the situation is to improve. [FN6] Scholarly attention to the design and structure of agreements between these parties can help us to understand whether there is a correlation between the choice of form and substance and their successful implementation. [FN7] Legal scholars have deferred for too long to the view that politics, rather than *405 law, is the answer to these disputes. This deference is fundamentally flawed and an examination of the agreements using legalization theory may help to bridge the gap between law and politics. It will cast light on the role of law in solving disputes characterized by ethno-religious hatreds, and will demonstrate that contract-like forms are preferable for agreement design. I analyze agreements between India and Pakistan, Israel and Egypt, and the Darfur Peace Agreement, to demonstrate that agreements that are high on the precision-obligation-delegation matrix enjoy higher degrees of success than those that are low on this matrix when concluded in dispute scenarios involving ethno-religious conflicts. I conclude by arguing that India and Pakistan should aim for hard legalization to solve the Kashmir dispute, and that they must learn from the painful experience of the Darfur Peace Agreement and include non-state actors as signatories to any agreement

Was bin Laden's Killing Lawful?

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Sorry Pope, It Hasn't Worked

There is no abstract available for this ite

Say on Pay and the SEC Disclosure Rules: Expressive Law and CEO Compensation

The debate over the lack of correlation between CEO compensation and performance has caused a divide amongst corporate law scholars. Proponents of intervention have predictably welcomed the legislative activity and have called for more. This article argues that the legislative and regulatory interventions by the state are in furtherance of the expressive functions of the law, and that even in the absence of sanctions such expressive laws can have an affect on behavior. It argues that while legislative and regulatory actions can express certain norms, they are ultimately unlikely to be of much help in behavior modification unless accompanied by norm internalization. Decentralized deployment of non-legal sanctions can offer a pathway to norm internalization in the CEO compensation area. Under this thesis, legislation only aids the deployment of social sanctions by virtue of its expressive function. This paper will briefly describe the expressive function of the law, and provides an overview of legislative attempts at serving this expressive function. It posits that expressive law cannot succeed in the absence of norm internalization by CEOs and directors. This process of internalization requires large shareholders to incur the costs of socializing the relevant actors by leveraging the structural attributes of the corporate law system

Law & Economics of White Collar Crime

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An Unlawful Bailout

There is no abstract available for this ite