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In this piece, I make the case for deeper engagement with law and legal methodologies in economic geography. Recent work in and beyond geography has demonstrated that law is constitutive of capitalism. Yet, despite excellent research on many particular spatio-legal topics, there have been few attempts to conceptualize a legal approach to economic geography in any sustained way. Here, I suggest that incorporating law and legal methodologies into existing economic geographic analyses can deepen our explanations of spatio-temporal economic variegation, opening up new research questions and methods for economic geographers and expanding our conceptions of economic governance, agency, and knowledge. [ABSTRACT FROM AUTHOR]

Restorative justice in cases of gender-based violence against women: perspectives on shame, symbolic interactionism and agency This article addresses the debated issue of the appropriateness of restorative justice programmes in cases of gender-based violence against women perpetrated by men. After brief references to the literature on the topic, a few points for reflection will be offered combining different perspectives. Some concern the role of shame, from the victim blaming phenomenon – which often affects women victims of gender-based violence – to the so-called 'reintegrative shaming' of the offender theorised by Braithwaite. Others are drawn from symbolic interactionism, applied to restorative processes involving these types of crime. Finally, the importance of agency – a key point in restorative practices – is emphasised as it fosters the self-esteem of the victim and the rehabilitation of the perpetrator. These perspectives support the conclusion that there are no valid reasons to exclude restorative justice in cases of gender-based violence against women. [ABSTRACT FROM AUTHOR]

In 2020, Governor Kristi Noem signed South Dakota's slightly tweaked version of the Uniform Power of Attorney Act (UPOAA) into law. That uniform act-now enacted in a total of twenty-eight states since approved by tile Uniform Law Commissioners in 2006, represents a significant advancement in clarifying and regulating the use of powers of attorney. Given the widespread use of powers ofattorney and their great potential for abuse and misuse, a comprehensive set of rule-both default and mandatory-are warranted. This article summarizes the UPOAA as well as the history ofunifbrm acts which preceded it. The arrangement and structure of the Act and its incorporation ofa statutory power ofattorney form are detailed. Key deviations from the UPOAA approved in South Dakota are summarized. Finally, this article sketches some of most important powers of attorney opinions issued by the South Dakota Supreme Court in the last twentyfive years and considers which aspects of that jurisprudence may have been displaced or supplemented with the new power of attorney act statutes. [ABSTRACT FROM AUTHOR]

Research into the creation of markets highlights the importance of law-making, seen to express relations between stakeholders in emerging organizational fields. Less understood is the role of existing regulation, despite related work on path-dependency. We unpack the role of extant laws by analysing consecutive attempts to establish the mortgage market in post-socialist Hungary, mobilizing the anthropology of law and actor-network methods. Based on interviews and archival documents, we find, first, that existing laws exert agency in the market-building process not only through abstract legal 'traditions' but through technical features which may resist the market arrangements proposed by political-economic coalitions. Second, the resistance of law can vary based on whether its spokespersons (guardians of legal consistency) become 'market engineers' under specific organizational configurations. We theorize this agency with the concept of 'legal infrastructure', and show how it acts as a non-human organizer of markets, ensuring compatibility across the economy. [ABSTRACT FROM AUTHOR]

The article discusses about the provision of the Administrative Procedure Act which the federal courts failed to apply. Topics of discussion includes the law states that the when accused was violating an agency regulation, its validity can be challenged. The segment of the section 703 presents the criteria to deny the right to challenge which requires an adequate and exclusive pre-enforcement challenge.

The article discusses the legal concept known as the agency deference doctrine and its requirements, criticism of the agency deference doctrine, and potential implications of the agency deference doctrine on Florida law as of the early 21st century. The article particularly focuses on the U.S. Supreme Court cases Chevron, USA, Inc. v. Natural Resources Defense Council, Inc., and Auer v. Robbins. The article also discusses the U.S. legislation the Separation of Powers Restoration Act of 2016 (SOPRA).

In 1723, Virginia's slave code created a racial order that placed free African Americans, along with Native Americans, in the 'other free' category. As freeborn individuals they were entitled to rights not afforded to enslaved individuals; yet, as 'other free,' they were subject to restrictions not placed on European Americans. As a reaction to these restrictions, free African Americans drew on relationships and circumstances to create means for resisting their oppression. Virginia's 1782 manumission laws opened freedom to those who were not born into it. As an unintended result, enslavers were confronted with an increasingly visible free African American population, which they believed threatened the institution of slavery. Additional laws and emerging public opinion significantly altered the ways in which free African Americans were racialized. In response to these changes, free African Americans formed new relationships and creatively used space and landscape to challenge their place in society. [ABSTRACT FROM AUTHOR]

The article reports on legal developments relating to the regulation of price competition in the field of marketing in the U.S. The author includes information about controversy surrounding the Robinson-Patman Act. The antitrust legislation, an amendment to the Clayton Act, was developed to police unfair competition. The court case of Copper Liquor, Incorporated and Harold Letcher v. Adolph Coors Company is discussed in relation to price control in franchiser and franchisee relationships. Coors has argued that price control is an aspect of quality control.

The article discusses the relationship between retributivism and America's criminal law-related Voluntary Act Requirement (VAR), and it mentions how the U.S. criminal legal system mandates that a person act voluntarily before legal punishment is imposed. Criminal liability in America is addressed, along with the concept of agent causalism which deals with the ways that criminal defendants and human beings voluntarily act. The American Law Institute's Mode Penal Code is examined.

The article discusses alternative methods for monitoring those who become agents under durable powers of attorney in the U.S. Topics discussed include durable powers of attorney; need of adapting the concept of a "trust protector" to durable powers of attorney that could address the agency costs; aspects of durable powers.

Equity ownership in the United States and Europe is now highly concentrated in the hands of institutional investors, which gives rise to new problems of agency and corporate governance. These large investment intermediaries, such as mutual funds, specialize in maximizing beneficial owner value based on short-term performance benchmarks but lack the expertise and incentive to actively engage corporate boards on business strategy and governance matters. Instead, institutional investors are "rationally reticent," meaning that they are willing to respond to governance proposals but not to propose them. Activist shareholders may offer an endogenous solution to address "latent activism" in institutional intermediaries and, ultimately, spur the effective monitoring of corporate boards. Activist shareholders, such as hedge funds, often achieve their business strategy and governance objectives by obtaining toehold positions in a corporation and soliciting support from institutional investors for their governance proposals. However, this solution is in jeopardy. Recently proposed regulatory changes in the United States track adopted legislation in the United Kingdom and Europe, and pose a threat to domestic activist shareholder success. This Note argues that incorporation of the UK Stewardship Code's Principle 5 into the U.S. regulatory scheme may help alleviate the potentially chilling effects of the proposed rule-making on shareholder activists. [ABSTRACT FROM AUTHOR]

Managers' pay, and the way it is determined, can have an important impact on the success of firms, and even of whole economies. While there is a rich literature exploring these issues in the for-profit sector, managerial pay at nonprofit firms has received little attention. Yet nonprofit organizations suffer from agency problems that are similar to, or perhaps even more severe than, those observed at for-profit companies. Accordingly, this Article explores the implications for nonprofit governance of a world in which "managerial power" can affect nonprofit pay setting. This Article develops the theory and provides support in the form of original empirical evidence based on data from a large panel of colleges and universities collected across a ten-year period. Our findings support the hypothesis that donors with less leverage suffer from significant agency costs in setting president pay. For example, we find for the first time evidence of an otherwise counterintuitive negative association between the fraction of university revenue provided by current donations and president compensation, which we suggest shows that schools that are less dependent on donors are freer to set high pay. We discuss the implications of these findings for the regulation of nonprofits and for a broader understanding of the pay-setting process at for-profit as well as nonprofit organizations. [ABSTRACT FROM AUTHOR]

Although ensuring the “accountability” of agents to their principals is widely considered a core objective of institutional design, recent work in political economy has identified and elucidated an important class of situations in which effective accountability mechanisms can decrease, rather than increase, an agent’s likelihood of acting in her principal’s interests. The problem, which we call “over-accountability,” is essentially an information problem: sometimes even a fully rational but imperfectly informed principal (e.g., the citizens) will reward “bad” actions rather than “good” actions by an agent (e.g. the President). In these cases, not only do accountability mechanisms fail to remedy the agency problem inherent in representative government, they actually make the problem worse. This Article offers a conceptual and empirical overview of over-accountability problems, and also considers a range of potential solutions. By surveying both the distortions themselves and a range of possible responses, this article aspires to assist both public law scholars and institutional reformers in producing more effective solutions. [ABSTRACT FROM PUBLISHER]

Although class actions promise better deterrence at a lower cost, they are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class--the class representative and class counsel--advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class action reform proposals. This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea is to allow the court, once a settlement has been achieved, to put the class's claims up for auction, with the settlement acting as a reserve price. An entity that outbids the settlement becomes owner of the class's claims and may continue to pursue the case against the defendant. A successful auction results in more compensation for the class. On the other hand, if no bids are received, the court has evidence that the settlement was fair. The prospect of a settlement auction also deters class counsel and the defendant from negotiating a sweetheart deal that sells out the class. The Article works through a series of theoretical and practical issues in settlement auctions, including the standards that a court should use to evaluate bids, the limitations on who may bid, and ways to encourage the emergence of an auction market. [ABSTRACT FROM AUTHOR]

The article deals with the concept of an integrated institute of the representation, its characteristics and purpose, examines the definition in the current legislation, adduces suggestions for its improvement. The author covers causes of appearance of proxy's authority, the extent and the consequences of the abuse of authority, identifies problems of violation of the requirements of termination of representation by proxy, selects the types of infringements of rules of substantive law in the field of representation. [ABSTRACT FROM AUTHOR]

This Article examines the problem of cy pres relief in class actions through the lens of optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and that it may do some harm to achieving that goal. The Article then proposes an alternative "nudge" to induce putative class counsel to structure class actions in an optimal way: setting attorneys' fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the net recovery to the class itself. The Article demonstrates that this approach to attorneys' fees aligns the interests of the class in maximizing its recovery, class counsel in obtaining a profitable and reasonable fee, and society in certifying the class action with the greatest expected net benefit. This approach also eliminates many of the agency-cost problems associated with class counsel failing to attend to the interests of the class. Finally, this approach eliminates most of the incentive for class counsel to seek cy pres relief, although in some cases cy pres relief may yet be appropriate. [ABSTRACT FROM AUTHOR]

The article discusses the Uniform Power of Attorney Act (UPOA Act) and the legislation from the adopting jurisdictions. It discusses specific matters addressed by the UPOA Act including the authority of multiple agents, the authority of a later-appointed fiduciary or guardian and standards for agent conduct and liability. It also discusses modifications to the UPOA Act by the adopting jurisdictions.

The article discusses changes to the corporate governance regime in Malaysia as a result of the passing of the Limited Liability Partnership Act 2012 (LLP.) Topics mentioned include the separate legal personality doctrine, whether partners in an LLP are equally criminally liable in the event of a prosecution, and the features of LLPs that make them closer to corporations than to traditional partnerships, such as the agency principle.

The article discusses the role of plaintiffs' class action attorneys in America as of September 2012, focusing on an analysis of the monetary and self-interest motivations of attorneys who represent plaintiffs in class action lawsuits. Agency cost theory is addressed in relation to the inability or unwillingness of class members to monitor the activities of their attorneys. Incentives for attorneys are also examined in relation to the size of law firms.

The Computer Fraud and Abuse Act (CFAA) broadly criminalizes unauthorized access to computers and digital information, but how far should these federal prohibitions reach into the mobile data space? As smartphones and mobile applications continually redefine the digital landscape, attempts to apply the decades- old anti-hacking statute in this new territory have created potentially disturbing precedent. Courts and critics have struggled to interpret the arguably vague and ambiguous provisions of the CFAA and have turned to contract law, agency law, and computer science for guidance. This Comment contends that the contract- and agency-based interpretations implicate constitutional vagueness concerns, and the code-based approach does not sufficiently address "insider" misuse of information. In the context of mobile application data privacy, the shortcomings of current interpretations necessitate a narrower view of unauthorized access. By limiting liability to only traditional notions of hacking and serious misuse of information, the CFAA can better serve its original and primary purpose: punishing criminal computer hackers and those who abuse legitimate access rights. [ABSTRACT FROM AUTHOR]

The article discusses corporate law and the U.S. responsible corporate officer (RCO) doctrine as of January 2012, focusing on the extension of a legal entity's statutory duties to its responsible corporate officers. A comparison of the RCO doctrine and traditional tort and agency laws is provided, along with an examination of several legal cases including the U.S. Supreme Court case United States v. Dotterweich.

In this article, the author discusses scope of liability of an attorney under the Substitute Decisions Act for trusteeships and service fees for representation of an incapable person in Canada. He highlights need of carrying instructions from donors with proper conduct of legal services by attorneys. It informs that Substitute Decisions Act has created risk related to conflicts among family members.

The article reports on the possible domestic relations law issues caused by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). It mentions that the BACPA has changed the relationship between the Bankruptcy Code and the domestic relations law. Furthermore, it notes that domestic attorneys have been relieved of the threat of domestic obligations during bankruptcy proceedings and the potential of being considered as an agency that alleviates debt of an individual, as a result of the impact of other provisions of the BAPCPA.

Recent work in the field of mechanism design has led some researchers to propose institutional changes that would permit parties to enter into nonmodifiable contracts, which is not possible under current contract law. This article demonstrates that it may well be socially desirable not to enforce contractual terms that explicitly prevent renegotiation, even if rational and symmetrically informed parties have deliberately signed such a contract. The impossibility to prevent renegotiation can constrain the principal's abilities to introduce distortions in order to reduce the agent's rent, so that the first-best benchmark solution will more often be attained. [ABSTRACT FROM AUTHOR]

Discusses the federal preemption state law, the protection of core state regulatory authority and autonomy and the national agency interpretation addressing a statute's preemptive effect in the U.S. Information on agency actions and preemption; Agency incentives to consider state interests; State opportunity to participate in agency decision making.

This essay explains the function of the famous entail in literary history depicted in the novel "Pride and Prejudice" by Jane Austen. Historical background of entailment including the contradictory notions of agency and obligation embedded in the fee in England; Overview of the basic unit of feudal tenure in England; Tension between fee simple and primogeniture.

Reports on the decisions by Florida's appellate courts in 'Barfiled v. Department of Health,' and 'Deep Lagoon Boat Club Ltd. v. Sherida,' about the issue of agency substantive jurisdiction within the meaning of the Administrative Procedure Act. Case background; Highlights of the decisions and their implications for agencies.

Despite the widespread perception that lawyers exercise considerable influence over national policy making in the United States, their participation in the process has previously received little systematic empirical analysis. Based on a variety of evidence gathered in interviews with more than eight hundred Washington representatives, including data on their work, careers, contacts with government agencies, networks of acquaintance, and relationships with clients, we argue that lawyers are not as prevalent, active, or influential in national policy making as the popular image suggests. Rather, the findings indicate that lawyers occupy a relatively specialized niche in the system of interest representation, one that allows them to command substantial economic rewards and to maintain a measure of independence and autonomy in their work, but that limits their influence in policy formation. [ABSTRACT FROM AUTHOR]

Examines the legal problems in the leveraged buyout of corporations. Principles and nature of leveraged buyouts; Discussion on the agency problems which resulted from the influence of firm owner and shareholders in corporate structure; Problems faced by shareholders in bringing fraudulent conveyance lawsuits against the firm.

This article argues that the Chinese idea of agency problem is misconstrued. The analysis provides an alternative approach to empirically reassess the nature of the problems, along the principal-agent models. The article demonstrates the relevance of using law to make the case for the profitability of examining the issues of bureaucratic governance from principal-agent perspectives. The analysis concludes by arguing that bureaucratic governance in China cannot be achieved by intensifying hierarchical domination. The concern about agents' moral quality cannot sufficiently induce responsible bureaucratic behaviour. The key to reinventing the bureaucratic state in China lies mainly on the recognition of the agents' need for protecting their own interests. Seen in this fashion, macro-level alternative methods of accountability should be introduced to reflect the interests of both principal and agents. [ABSTRACT FROM AUTHOR]

This paper focuses on bureaucratic slippage-the tendency for broad policies to be altered through successive reinterpretation, such that the ultimate implementation may bear little resemblance to legislated or other broad statements of policy intent. It is well known that policy enforcement can be constrained by funding limitations, or by the fact that an apparently strong statement of intent can be coupled with a level of funding that is too low to do the job. A clearer test, however, involves cases where clear policy statements are coupled with substantial levels of funding. The Environmental Studies Program (ESP) of the U.S. Minerals Management Service provides such a case. The program, which is explicitly required to study impacts of offshore development on "the human, marine, and coastal environments," has spent roughly $500 million on such studies over the past two decades. Independent evaluations, however, have found the studies to be lacking. The reasons go beyond mere difficulty, and instead include considerable bureaucratic slippage. The broad mandates of the law are whittled away at successive stages of translation, such that, by the time of the agency's actual "implementation," the ESP is virtually prohibited from fulfilling some of the law's clear requirements. The findings suggest the need to go beyond the analysis of policies and to devote far greater attention to the "details" of implementation. Those details have the distinct potential to be not just administrative, but effectively political. [ABSTRACT FROM AUTHOR]

Investigates the liability of an undisclosed principal in the United States. Preliminary considerations as to liability; General rule that the undisclosed principal is liable when discovered; Application of the rule to all simple contracts; Parol evidence to identify the principal; Indication that the rule does not apply to contracts under seal and negotiable instruments; Exceptions to the general rule.

The article discusses laws related to the theory of agency. Agency is a proper title in the law. Agency in its narrower sense presents only a special application of the law of master and servant, and that doctrines of both are traceable to a common source. The subject of agency extends to the whole relation of master and servant and it is not confined to any one branch. If the law went no farther than to declare a man liable for the consequences of acts specifically commanded by him with knowledge of circumstances under which those consequences were the natural results of those acts, it would need no explanation and introduce no new principle.