Legal System

Displaying 1451 - 1460 of 1766
James Ostrowski

The show put on in Manhattan the other day was unnecessary, in fact or in law, says James Ostrowski. "Let John Rigas answer in court his actions, if he is convicted, but making a 78-year-old, ex-combat infantryman in World War II the scapegoat for a failing administration and failing economy leaves a bad taste in my mouth."

David F. Dieteman

Don't want to press a claim to vindicate your own rights? Never mind, a bureaucrat will decide whether the "public interest" requires a claim to be brought on your behalf. David Dieteman examines the expanding power of the Equal Employment Opportunity Commission.

Rob Moody

It was September 11, and panicked customers were flocking to the two gas stations Bobbie Jean Harvey owns near Midland, Mich., to top off their tanks in case the supply of gas was disrupted. It became apparent that sales on September 11 were going to be above average. In hindsight, however, Ms. Harvey wishes she had closed her stations.

Adam Young

Arbitration is under fire again, but it remains the best way to settle employer/employee disputes. It is more likely to protect the property rights of the parties to the lawsuit. Government courts, in contrast, principally benefit the lawyers and those who write the laws. Adam Young examines private-arbitration clauses.

Christopher Westley

What's the difference between the cultures of the private sector and the public sector? Consider the difference between Arthur Andersen, which has no future, and the U.S. Forest Service, which will live forever. The answer can be traced to property rights, and it explains why market outcomes are always held to a much higher standard than public-sector outcomes.

 

William L. Anderson

Poor Martha Stewart and Samuel Waksal, snared by arbitrary insider-trading laws that require information to be socialized. If one party knows more than others about a particular firm or industry, the SEC is perfectly able to rule that possessing--and acting upon--that knowledge is a crime.

David N. Laband

By granting parties who cannot demonstrate actual harm the legal standing to sue, we have opened the legal pasture to a veritable flood of new grazers, who do not care  about the harm they inflict on others whose claims may not only be more pressing but may also have real merit. David Laband explains.

Charles Rounds

Social Security is not an insurance program. A Social Security "account" bears no legal resemblance whatsoever to a bank checking or saving account. Social Security bestows no contractual rights or any other type of property right on workers. In other words, Social Security as it is currently structured has nothing to do with legally enforceable promises or guarantees.