Legal History eJournal最新文献_第4页

Monopolizing War: Codifying the Laws of War to Reassert Governmental Authority, 1856–1874 垄断战争:编纂战争法以重申政府权威，1856-1874

Legal History eJournal Pub Date : 2017-06-13 DOI: 10.2139/SSRN.2985781

Eyal Benvenisti, Doreen Lustig

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引用次数: 4

Progressive Era Conceptions of the Corporation and the Failure of the Federal Chartering Movement 进步时代的公司观念与联邦包租运动的失败

Legal History eJournal Pub Date : 2017-04-01 DOI: 10.7916/CBLR.V2017I3.1727

Camden Hutchison

{"title":"Progressive Era Conceptions of the Corporation and the Failure of the Federal Chartering Movement","authors":"Camden Hutchison","doi":"10.7916/CBLR.V2017I3.1727","DOIUrl":"https://doi.org/10.7916/CBLR.V2017I3.1727","url":null,"abstract":"Despite the economic integration of the several states and the broad regulatory authority of the federal government, the internal affairs of business corporations remain primarily governed by state law. The origins of this system are closely tied to the decentralized history of the United States, but the reasons for its continued persistence—in the face of significant federalization pressures—are not obvious. Indeed, federalization of corporate law was a major political goal during the Progressive Era, a period which witnessed significant expansion of federal involvement in the national economy. By examining the historical record of Progressive Era policy debates, this Article bridges the analytical gap between historical and corporate legal scholarship, bringing to light the specific reasons why a federal corporation law was never enacted. \u0000 \u0000Drawing on primary source evidence, the conclusions of this Article are as follows. First, proponents of federal chartering were deeply divided in their attitudes toward corporations, some viewing them as a dangerous threat, others viewing them as central to economic progress. These divisions led to conflicting views on the very purpose of corporate regulation, making agreement on the content of a federal corporation act unlikely. Second, notwithstanding these divisions, many reformers viewed corporations as directly accountable to the public interest. Legislative proposals were therefore framed in terms of benefiting the public, and only secondarily addressed the shareholder interests that dominate corporate law today. Finally, it was the conflicted nature of the political support for federal chartering legislation—not any specific policy preference for maintaining corporate law federalism—that led to the persistence of state-based corporate law. Ultimately, the absence of federal corporate law was a product of historical circumstance, rather than any conscious determination of legal or economic policy.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127129031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Constraining Elites: The Self-Enforcing Constitution of the Patricians of Venice 约束精英:威尼斯贵族的自我强制宪法

Legal History eJournal Pub Date : 2017-02-15 DOI: 10.2139/SSRN.2851157

D. Smith, R. Al-Bawwab

引用次数: 0

‘Value is Not a Fact’: Reproduction Cost and the Transition from Classical to Neoclassical Regulation “价值不是事实”:再生产成本与从古典调控到新古典调控的过渡

Legal History eJournal Pub Date : 2016-02-19 DOI: 10.2139/ssrn.2735016

N. Giocoli

引用次数: 0

Conceptions of State Identity and Continuity in Contemporary International Legal Scholarship 当代国际法学研究中的国家同一性与连续性概念

Legal History eJournal Pub Date : 2016-01-14 DOI: 10.2139/ssrn.2715701

Anna Østrup

{"title":"Conceptions of State Identity and Continuity in Contemporary International Legal Scholarship","authors":"Anna Østrup","doi":"10.2139/ssrn.2715701","DOIUrl":"https://doi.org/10.2139/ssrn.2715701","url":null,"abstract":"This paper offers an examination of the substantive conceptions of state identity/continuity advanced in contemporary international legal scholarship. It first outlines in a historical perspective the core theoretical debate concerning the nature of state succession and examines the meaning of the concept of state identity/continuity in this context. Having dismissed a general concept of legal personality as a point of differentiation between state identity/continuity and state succession, the paper identifies four main substantive conceptions of state identity/continuity in contemporary legal scholarship: a ‘formal’ conception, a ‘material’ conception, a ‘procedural’ conception, and finally a ‘relativist’ or ‘deconstructivist’ approach to the concept of identity/continuity. The paper then explores the strengths and weaknesses of each of these conceptions in terms of both their theoretical underpinnings; their conformity with state practice and their implications for the legal concept of statehood. The paper argues that both the formal and material conceptions of state identity/continuity suffer from serious theoretical shortcomings. The procedural conception is generally more consistent, although it may not – as pointed out by proponents of the deconstructivist approach – entirely encompass the many variations of state practice. In particular, the procedural conception of identity/continuity stands out by maintaining the aspiration of a normative approach to the question of state identity/continuity, and thus to the problem of statehood in international law, even if there is a certain gap between theory and practice.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115407960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Squeaky Wheels Need Greasing: Corruption and the Construction of the Pacific Railroad 吱吱作响的车轮需要润滑:腐败和太平洋铁路的建设

Legal History eJournal Pub Date : 2015-11-25 DOI: 10.2139/ssrn.2784302

Benjamin Lo

引用次数: 0

Professor Alan R. Bromberg's Rule 10b-5 Alan R. Bromberg教授的10b-5规则

Legal History eJournal Pub Date : 2015-06-24 DOI: 10.2139/SSRN.2622666

Marc I. Steinberg

引用次数: 0

State 'Competitor's Veto' Laws and the Right to Earn a Living: Some Paths to Federal Reform 州“竞争者否决权”法与谋生权:联邦改革的一些路径

Legal History eJournal Pub Date : 2015-06-02 DOI: 10.2139/ssrn.3191388

Timothy Sandefur

{"title":"State 'Competitor's Veto' Laws and the Right to Earn a Living: Some Paths to Federal Reform","authors":"Timothy Sandefur","doi":"10.2139/ssrn.3191388","DOIUrl":"https://doi.org/10.2139/ssrn.3191388","url":null,"abstract":"Imagine what would have happened if, in 1992, the owners of then-little-known Starbucks had been required to prove that the United States “needed” a new chain of coffee shops. At that time the nation had millions of coffee shops serving tens of millions of customers daily, and these coffee shops would have argued that they could cover any foreseeable increase in demand. Yet the nation did need a new chain of coffee shops, as Starbucks’ dramatic success proves. Only through the experiment could the company’s owners prove that America needed a new coffee chain.Silly as this example might seem, many states and cities actually do enforce laws that prevent new businesses from entering the market unless they can prove — without running the experiment — that there is a “public need” for new competition. These laws, called “certificate of public convenience and necessity” (CPCN) laws, govern a wide variety of businesses, from taxicab and limousine services to car dealerships, ambulance companies, hospitals, moving companies, and so on. This article explores the history, theory, and operation of CPCN laws, also known as “Competitor Veto” laws, focusing on evidence uncovered as part of litigation challenging such laws in Missouri and Kentucky. The article concludes that because these laws are designed to protect incumbent businesses, there must be reforms on the federal level to abolish them. Several possible reforms are considered, along with objections.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125298164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Niccolò Machiavelli: Father of Modern Constitutionalism Niccolò马基雅维利:现代宪政之父

Legal History eJournal Pub Date : 2015-06-01 DOI: 10.1111/RAJU.12077

M. Sellers

引用次数: 0

The Mythology of Salomon's Case and the Law Dealing with the Tort Liabilities of Corporate Groups: An Historical Perspective 所罗门案的神话与处理公司集团侵权责任的法律:一个历史的视角

Legal History eJournal Pub Date : 2015-05-13 DOI: 10.2139/ssrn.2605733

P. Lipton

引用次数: 14