The subject matter of The Antitrust Aspects of Bank Mergers conference -- Banking and the Antitrust Laws -- has received insufficient attention in the legal literature. This is in curious contrast to the quantity of federal statutes that treat the subject: principally, banks have the standard antitrust laws led by the Sherman and Clayton Antitrust Acts; the Bank Merger Act of 1960; and section 2 of the Bank Holding Company Act of 1956. These establish similar, but not identical, antitrust standards for the bank transactions to which they apply. Furthermore, there has been no shortage of bank mergers and acquisitions since Sep 29, 1994, the date on which the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (Riegle-Neal) was enacted. The major contribution of Riegle-Nea...
This paper reflects on the literature on courts and politics in Europe and the United States. US-American Political Science has dealt for several decades already with the role of courts and judges as political actors, whereas this perspective has only recently emerged in Europe. The debates differ not only with regard to the number of articles, but also with regard to their content. This paper discusses the different research perspectives that are being pursued on both sides of the Atlantic. While a major part of the US-American literature investigates the politics of judicial action and the politicization of the legal system, research on European courts confines itself to analyzing the effects of judicial action, often describing them in terms of juridification. Based on a review of th...
is the first article in the legal literature to address the normative implications of covert marketing in mass media. For business, technological, and cultural reasons, advertisers and propagandists are increasingly using editors to pass off promotional messages as editorial content. This integration of sponsorship allows marketers to cut through communications clutter and audience resistance to marketing. In this way, the practices of payola, product placement, and sponsored journalism are proliferating and spreading into newer media forms like blogs and video games. A federal sponsorship disclosure law has proscribed these practices in broadcasting for nearly a century. Despite high-profile recent controversies about the practices, the legal l...
The Legal Origins approach, and the wealth of literature it has spawned, is surely good for something other than generating more literature. The approach has garnered a great deal of criticism, but it has nonetheless raised very interesting issues about relationships between legal systems, business forms, and economic performance. It has also raised a challenge to traditional comparative law, a field that has been a bit staid and introverted. This paper offers a preliminary roadmap for interrogating the Legal Origins school. In the economic development literature one sees a great deal of concern over "shrinking policy space" for development: that is, in recent years developing countries have enjoyed less and less freedom to craft and implement their own measures to cope with the challen...
Both law and morality typically consist of rules with general applicability, which people perceive to have special importance in their lives and to provide them with personal mandates that can operate irrespective of at least some consequence. This article argues that these resemblances are more than superficial. They arise from the fact that law and morality share a deep and pervasive structure. Drawing on and extending a number of contemporary insights from evolutionary psychology and evolutionary game theory, this article develops the claim that these problems can be resolved by employing a particular class of psychological attitudes. The attitudes will be called "obligata." If the arguments in this article are correct, then the structure of obligata is the deep structure of morality...
... there can be no warranted difference in legal or moral judgment without some difference in the n... and long-standing strain of scholarly literature-predominantly arising in the law and economics mov...
General Principles of Legal Authority in Iraq: May 2003-June 28, 2004. II. Order 93 and Economic Governance. A. Context of Enactment. B. Aftermath of Enactment. III. The Nature of Non-Legal Authority Within the Iraqi State. A. Non-Legal Authority and the Role of the Marja'iyya. B. Disregard of Iraq?s Context in Current Literature. IV. Alternative Approaches in the Development of Legal and Economic Order. V. The Problem of Personal Status Law.
This paper empirically documents the continued importance of the legal families (common law and civil law) for the diffusion of formal legal materials from the core to the periphery, and some possible channels of diffusion, in post-colonial times. This raises the possibility that substantive differences between countries of different families around the world, such as those documented in the legal origins literature, continue to be the result of separate diffusion processes rather than of intrinsic differences between common and civil law. Using the example of corporate and securities law, this paper documents the frequent and often exclusive use of legal materials and models from the respective legal family's core countries in treatises and law reform projects in thirty-two peripheral ...
While Portland schools consider whether to ban the Boy Scouts from children's backpacks, a few school districts in the state have quietly taken a different route. Both Kittery and Gorham no longer allow outside groups to send promotional materials home with schoolchildren. Some parents and educators in those communities say no-flier policies reduce the sometimes overwhelming amount of information that comes home with their children and give schools the legal standing to say no to groups that discriminate.
Following a brief review of the literature on access to legal information (particularly in electronic form), the author finds a lack of empirical research on the relationship between access to legal information and the establishment of the rule of law, particularly in developing countries. Using the example of Cambodia, this article considers why the publication of legal information has been so difficult in the past. It then provides a case study of a new tribunal (a council for the arbitration of labor disputes) which is taking steps to publicize its decisions online and reflects on the effects which the distribution of such information may be having on the conduct of industrial relations in Cambodia. Finally, the article undertakes an assessment of the extent to which the model establ...
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