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The Administrative Agon: A Democratic Theory for a Conflictual Regulatory State

the democracy question. Part III presents agonistic democratic theory as an alternative to conventional democratic theories. Then, Part IV develops a

Forum: There Is No Affirmative Action for Minorities, Shareholder and Otherwise, in Corporate Law

competing offer at about twenty-eight dollars per share. The Carroll Family withdrew their merger proposal, but also announced that they had no interest

SEC "Monetary Penalties Speak Very Loudly," But What Do They Say? A Critical Analysis of the SECs New Enforcement Approach

penalties when they pay the cost themselves. However, if their employer (or its shareholders) pays, the deterrent effect is undermined. Corporate fines for

A Liberal Theory of Social Welfare: Fairness, Utility, and the Pareto Principle

Yale Law Journal - A Liberal Theory of Social Welfare: Fairness, Utility, and the Pareto Principle

Fiduciary Political Theory: A Critique

problem with these alternative theories, then, is their outcome centrism. The norms for judges clearly impose requirements regarding outcomes

An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges, and Immunities

Yale Law Journal - An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges, and Immunities An

Forum: Keeping the Promise of Public Fiduciary Theory: A Reply to Leib and Galoob

an alternative, outcome-centred view of judging (i.e., the theory of Judge Richard Posner, which they discuss at length) curiously does not lead them

A Relational Theory of Data Governance

others, not individual insights specific to the data subject. These insights can then be applied to all individuals (not just the data subject) who share

Method and Principle in Legal Theory

Yale Law Journal - Method and Principle in Legal Theory Method and Principle in Legal Theory

A Labor Theory of Legal Parenthood

Yale Law Journal - A Labor Theory of Legal Parenthood