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Article III of the Constitution grants federal district judges, appellate court judges, and Supreme Court Justices important constitutional protections (lifetime tenure and no salary diminution) to guarantee their independence. However, the Supreme Court has allowed Congress to create, under...
Persistent link: https://www.econbiz.de/10013129163
The article provides an introduction to the Islamic law of bankruptcy. We believe this is the first in depth examination of the classical Islamic law of bankruptcy, IFLAS, in the English language. The article discusses the basic elements and tenets of Shari'a, the body of classical Islamic law,...
Persistent link: https://www.econbiz.de/10013130346
Mutual fund companies selectively advertise their better performing funds. However, investors respond to advertised performance data as if those data were unselected (i.e., representative of the population). We identify the failure to discount selected or potentially selected data as selection...
Persistent link: https://www.econbiz.de/10013130523
Financial Derivatives have established themselves as a major driving force in the international monetary sphere in the recent past. While derivatives were originally used as an effective monetary instrument to multiply the wealth through ripple effect, of late these instruments are also used by...
Persistent link: https://www.econbiz.de/10013130674
Before Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252, 2266 (2009). due process mandated judicial disqualification in two basic situations: first, when the judge had a direct, personal, and substantial pecuniary interest in the case, or second, when the judge acted as judge, jury, prosecutor,...
Persistent link: https://www.econbiz.de/10013131236
In this contribution to a symposium sponsored by the Kansas Law Review, I examine the path from the Iowa Supreme Court's 2009 ruling in Varnum v. Brien (in which the court struck down the state's ban on same-sex marriage) to the ouster of three of the court's seven justices in Iowa's 2010...
Persistent link: https://www.econbiz.de/10013132327
Persistent link: https://www.econbiz.de/10013133685
The strategy for coping with value pluralism that Rawls has proposed is to permit political decisions, at least with respect to basic rights, to depend only on those goods that can be inferred from the bare requirements of respectful relations between persons. His account offers such a...
Persistent link: https://www.econbiz.de/10013134508
This is one of the first articles to demonstrate that the primary goal of antitrust is neither exclusively to enhance economic efficiency, nor to address any social or political factor. Rather, the overriding intent behind the merger laws was to prevent prices to purchasers from rising due to...
Persistent link: https://www.econbiz.de/10013137684
Various reformulations of the Coase theorem have developed normative corollaries on the choice of optimal remedies in the presence of positive transaction costs. In this article, we consider the extent to which these propositions are affected by the presence of asymmetric transaction costs, and...
Persistent link: https://www.econbiz.de/10013137699