Forthcoming in 2 STAN AGORA(2000). As David Millon so ably demonstrates, metaphor drives much of the debate within corporate law jurisprudence and corporate law scholarship. It has done so for decades, even centuries. Scholars have used metaphors-corporation as person, corporation as creature of the state, corporation as property, corporation as contract

Discussions of corporate governance reform often combine prescriptions for legal reform with prescriptions for better governance practices. Both sets of prescriptions-for better law and for better practices-typically focus on the board of directors, and particularly outside or \independent\directors. The assumption is that the law can affect the governance behavior of the board by establishing roles for outside directors and by

1.Introduction moManaging information systems today comprises the areas of application development, primarily process ng and data modeling, as well as system introduction training, maintenance, and the task of coping with innovation, meaning the responsibility of keeping the technological basis up to date Developing and running specialised systems, general information information systems and open and integrated

Tort Law for Federalists(and the Rest of Us) Private law in disguise John C P Gold Vanderbilt law school (Forthcoming, 28 Harv. J. L& Pub. Policy_(2004)) Abstract This essay argues in favor of understanding tort law as a law of private redress, rather than public regulatory law. Part I uses the U. S. Supreme Court's 2003 decision on punitive damages in State Farm Mut. Ins CO. l: Campbell to demonstrate some of the with formalist reasoning, an elevation of common law over statute, or political conservatism

What is the common structure of the law of business corporations-or, as it would be put in the UK, company lawacross— national jurisdictions Although this question is rarely asked by corporate law scholars, it is critically important for the comparative investigation of corporate law. Recent scholar- e cor ship emphasizes the divergence among European, American, and Japanese cor- porations in corporate governance, share ownership, capital markets, and business culture. But, notwithstanding the very real differences across jurisdic- tions along these dimensions

Georgetown University Law Center 2000 Working Paper Series In Business, Economics and regulatory policy d Public Law and Legal Theory Working Paper No. 249030 Criminal Law in Cyberspace

1Introduction In this report' we will present, given the space available, a brief overview o fDutch security, followed by a discussion of the law of personal security. We will focus on questions as to which practical and/or theoretical uncertainties exist. Although a major part of the books on patrimonial law of the Dutch Civil Code entered into force 10 years ago, already case law is developing in areas where the codified rules proved to be unc olutions whi

河海大学：《行政法学》习题

一、案件背景 美国宪法是在联邦党与共和党(即现在民主党前身)的权力斗争背景下制定。联邦党主张建立一个权力高于 各州的联邦中央政府,共和党主张维护各州的独立主权。制宪会议在两派的激烈斗争中,制定了一个妥协的宪 法,宪法以列举式规定了联邦权限,其余权力归属各州。但是,联邦党与共和党的权力冲突并未因此而终结。 马伯里诉麦迪逊案(marbury. madison)发生于1803年,正处于联邦党与共和党激烈争权的年代

案例分析 孙某家有农业人口五人,承包村集体耕地248平方丈,每年按承包的耕地面积承担农税 结 提留等项费用。某乡在2002年土地小调整时规定:“凡外出三年以上,男女已在外地结 婚,并有了孩子,不管有无办理户口迁移手续,一律拨出承包土地”。由于孙某之女盛甲 于1996年4月与城镇职工孙乙结婚,因此,盛甲的承包田被收归集体。孙某认为,女儿虽 与城镇人结婚,但按规定办不走户口,不同意交地,并在与村主任何某争吵时打了何某。 嗣后,乡政府作出决定:盛甲的承包田调归集体,孙某打人,按乡规民约罚款40元。 附:《土地管理法(1998年修正案)》第14条规定:“农民集体所有的土地由本集体经济 组织的成员承包经营,土地承包经营期限为30年,农民的土地承包经营权受法律保护