Monastic archives and the law: legal strategies at Farfa and Monte Amiata at the turn of the millennium

2021 ◽  
Author(s):  
Maya Maskarinec
Keyword(s):  
Turn Of The Millennium ◽  
The Law ◽  
Legal Strategies

The Law and Economics of the Going-Public Decision

2018 ◽  
pp. 26-51 ◽  
Author(s):  
Jay B. Kesten
Keyword(s):  
Initial Public Offering ◽  
Law And Economics ◽  
Turn Of The Millennium ◽  
Going Public ◽  
Public Offerings ◽  
Secular Decline ◽  
The Law ◽  
Public Offering ◽  
Macroeconomic Determinants ◽  
Public Decision

An initial public offering (IPO) is one of the most important events in the life cycle of a developing firm. The decision to “go public,” however, is complicated by the persistently cyclical market for public offerings. This chapter analyzes the macroeconomic determinants of IPO market cyclicality alongside the strategic and corporate governance considerations faced by private firms, arising from the costs and benefits of going public. The law and economics of the going-public decision also are relevant to the secular decline in IPOs since the turn of the millennium. This chapter evaluates several competing and complementary hypotheses that attempt to explain this phenomenon, each of which relies at least in part on the various features of the going-public decision-making process.

The Oslo Principles and the Enterprises Principles: Legal Strategies to Come to Grips with Climate Change

2017 ◽  
Vol 2017 (2) ◽  
Author(s):  
Jaap Spier
Keyword(s):  
Climate Change ◽  
Pension Funds ◽  
Global Temperature ◽  
The Core ◽  
Legal Obligations ◽  
Key Features ◽  
The Law ◽  
To Come ◽  
Legal Strategies

AbstractIt is almost commonly accepted that we must keep the increase of global temperature below 2 degrees C and preferably below 1.5 degree C. This begs the question: do states and enterprises have concrete reduction and other obligations to stem the tide? The Oslo Principles, adopted on March 2015, tried to discern the legal obligations of states and to a lesser extent enterprises. The Enterprises Principles will map the legal obligations of enterprises, financiers and long term investors such as pension funds. Both set of principles are based on an interpretation of the law as it stands or will likely develop. This article and Philip Sutherland’s contribution to this volume focus on the core obligations of both the Oslo and the Enterprises Principles. Since the adoption of the Oslo Principles a lot has happened. This contribution also discusses a few key features of the Oslo Principles in light of these developments.

Litigating for Profit

2017 ◽  
Author(s):  
Michael Dennis
Keyword(s):  
Twentieth Century ◽  
The State ◽  
For Profit ◽  
Late Twentieth ◽  
The Law ◽  
Legal Strategies ◽  
Legal Barriers ◽  
Late Twentieth Century

Michael Dennis looks at grocery workers in the late twentieth century, and the lopsided power mounted against their effort to organize. Despite the clear sentiment in favor of unionization, employers unleased antiunion consultants and legal barriers that countered the millions of dollars spent by the union to organize. Dennis shows that employer determination supported by the state were the chief reasons for management’s victory. Unions’ reliance on legal strategies were no match for employers’ determination to skirt the boundaries of the law.

Conceptualizing Legal Mobilization: How Should We Understand the Deployment of Legal Strategies?

2019 ◽  
Vol 45 (1) ◽  
pp. 166-193 ◽  
Author(s):  
Emilio Lehoucq ◽  
Whitney K. Taylor
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Legal Mobilization ◽  
The Law ◽  
Legal Strategies ◽  
Do So

Social movements have increasingly incorporated legal strategies into their repertoires of contention. Yet, both sociolegal and social movement scholarship lack a systematic and theoretically coherent way to conceptualize legal mobilization. In fact, scholars disagree (sometimes in fundamental ways) about what constitutes legal mobilization, which has resulted in conceptual slippage around how the term is used. This article proposes a more self-conscious approach that will facilitate the aggregation of findings across studies. To do so, it sets forth a systematic conceptualization of legal mobilization and situates it within a typology of uses of the law. It also contextualizes the typology with respect to emerging literatures within social movement and sociolegal scholarship and proposes areas for further research that would benefit from a more rigorous conceptualization of legal mobilization.

scholarly journals A Tensão entre Constitucionalismo e Exceção: a Ordem Estatal sobreposta aos Direitos Fundamentais / The Tension between Constitutionalism and Exception: when the State Order Prevails over Fundamental Rights

2017 ◽  
Author(s):  
Henrique Smidt Simon
Keyword(s):  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
Political Life ◽  
State Of Exception ◽  
Constitutional Rights ◽  
Brazilian State ◽  
The Law ◽  
The Government ◽  
Legal Strategies

Resumo: Cada vez mais o poder público limita direitos e aumenta a repressão, sem corrigir as falhas que levam ao conflito. Isso indica o uso do direito como garantidor de ordem, não de liberdade. O intento deste artigo é mostrar, discutindo as noções de estado e constituição, o conflito entre liberdade e ordem e como o direito serve para proteger a primeira. Assim, relaciona-se a legalidade no estado contemporâneo com a limitação do poder. Faz-se, então, a relação com a ideia de nação e a prevalência da vontade do estado. Após, trabalha-se o estado de exceção e como a ordem e a coerção estatal são postas acima dos direitos e garantias constitucionais. A prevalência da ordem sobre a proteção constitucional pode ser vista nas manifestações de junho de 2013; nos rolezinhos e na situação do presídio de Pedrinhas, exemplos da lógica do estado de exceção incorporada à vida política brasileira, o que responde à discussão teórica que os antecede. Ademais, o estado brasileiro aumenta seu poder de repressão com estratégias jurídicas que diminuem seus limites ou seu controle. O texto defende a necessidade de retomar as lógicas da legalidade e do constitucionalismo para combater a naturalização do estado de exceção. Abstract: Nowadays is getting usual for the government to limit rights and expand its capacity of repression without correcting the flaws that cause conflicts. This indicates the use of the law as a way to grant order, not liberty. The aim of this article is to show, discussing the ideas of state and constitution, the tension between liberty and order and how the law should work to protect the former. Thus, the contemporaneous state is related to legality, understood as a mean to limit the state power. Then, the concept of state of exception is presented and is shown as the state order and coercion overlap constitutional rights. This overlapping can be seen in the “June 2013” protests; in the flash mob situations and in the case of “Pedrinhas” Prison. Those are examples of the logic of the state of exception embodied to the Brazilian political life. Furthermore, Brazilian state increases its repression power by using legal strategies that decrease its means of being restrained. The text asserts the need to rethink legality and constitutionalism as a way to fight the naturalization of the state of exception.

scholarly journals Freedom, Commerce, Bodies, Harm: The Case of Backpage.com

2017 ◽  
Vol 5 (2) ◽  
pp. 3-15
Author(s):  
Elizabeth Swanson
Keyword(s):  
Service Providers ◽  
Sexual Exploitation ◽  
Third Parties ◽  
Commercial Sexual Exploitation ◽  
Internet Service ◽  
Harm To Others ◽  
The Law ◽  
Gendered Bodies ◽  
Legal Strategies ◽  
Sexual Commerce

This article situates lawsuits against Backpage.com in the context of changing laws and norms of sexual commerce and trafficking, and of evolving legal interpretations of Section 230 of the Communications Decency Act. Section 230 has been used repeatedly to shield internet service providers such as Backpage.com from liability for content generated by third parties that has led to criminal harm to others; in this case, the trafficking and commercial sexual exploitation of minors. Moving to a critique of the law as at times grievously detached from the realities it addresses, I compare the legal strategies and decisions in three prominent cases brought against Backpage.com in St. Louis, Tacoma, and Boston, respectively. This critique identifies the evacuation of gendered bodies and the harm done to them from the court opinions as an example of what Robert Cover has called the “interpretive violence” of the law, and of the judges who interpret and dispense it. I conclude by calling for courts and Congress to act together to disrupt the accumulation of interpretive precedent favoring freedom of commerce and speech over the protection of bodies from harm.

scholarly journals “But the Law Won’t Help Us”: Challenges of Mobilizing Law 348 to Address Violence Against Women in Bolivia

2019 ◽  
Vol 26 (12-13) ◽  
pp. 1471-1492
Author(s):  
Ashley Rogers
Keyword(s):  
Civil Society ◽  
Violence Against Women ◽  
Ethnographic Study ◽  
Civil Society Organizations ◽  
Women's Voices ◽  
The Law ◽  
Legal Strategies ◽  
Culture Of Impunity

Drawing on findings of an original 12-month ethnographic study, this article presents the challenges that Bolivian women face in accessing a new law that has been designed to protect them, Law 348 to “Guarantee Women a Life Free from Violence.” Data reveal that while the law creates opportunities for the (re)conceptualization of violence, mobilizing the law is fraught with difficulties and a culture of impunity prevails. The challenges of implementation are both nationally and internationally significant as other countries seek to enact similar legal strategies. In Bolivia, this article suggests, civil society organizations and women’s voices are central to the full realization of the law.

scholarly journals Key Expert Stakeholder Perceptions of the Law of Genomics: Identified Problems and Potential Solutions

2020 ◽  
Vol 48 (1) ◽  
pp. 87-104 ◽  
Author(s):  
Fook Yee Cheung ◽  
Lauren Clatch ◽  
Susan M. Wolf ◽  
Ellen Wright Clayton ◽  
Frances Lawrenz
Keyword(s):  
Clinical Care ◽  
Rapid Evolution ◽  
Empirical Work ◽  
The United States ◽  
Appropriate Use ◽  
Legal Problems ◽  
Trade Offs ◽  
Wide Range ◽  
The Law ◽  
Legal Strategies

The law applicable to genomics in the United States is currently in transition and under debate. The rapid evolution of the science, burgeoning clinical research, and growing clinical application pose serious challenges for federal and state law. Although there has been some empirical work in this area, this is the first paper to survey and interview key scientific and legal stakeholders in the field of genomics to help ground identification of the most important legal problems that must be solved to successfully integrate genomics into clinical care. The respondents in this study identified a wide range of interconnected issues, focusing specifically on the need for clear guidelines about how to use these data, fear of liability for those who use these data, and the need to protect patients from use of this information particularly by insurers, while endorsing data sharing. Developing legal strategies to support appropriate use of genomics now and in the future clearly will require making trade-offs, taking into account the full complexity of this legal ecosystem.

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