Topic
Doctrine
About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.
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TL;DR: In this paper, a very extensive review of the theoretical and empirical literature on the management of agricultural price instability is presented, and a critical assessment of this doctrine as applied to grains is provided.
39 citations
TL;DR: In this article, the authors argue that company law can be properly understood only in the context of an analysis of the various forms taken by capital and, more specifically, that it is the emergence of the joint stock company share as a new form of fictitious capital that underlies the doctrine of separate personality and the basic conceptual structure of contemporary company law.
Abstract: tion in society. It is, therefore, surprising that it has given so little attention to company law, given that incorporated companies now the dominant legal organisational form of capital are a major site of those relations. To date the only alternatives to traditional, expository approaches to company law have been broadly contextualist in nature.' These have undoubtedly widened our knowledge and understanding of the subject, providing useful analyses of its relevance and technical rules. But being essentially atheoretical, contextualism has accepted the company as a given legal object. It has consequently offered little, if anything, by way of analysis or explanation of the key concepts which constitute the basic structures of modern company law. We hope that this paper will lay the foundations for a more critical approach to company law. Limitations of space force us to concentrate largely on the central concept of separate personality, but we believe that our analysis opens up further areas for study, both within company law itself and beyond. The crux of our argument is that company law, and in particular the joint stock company as an economic organisational form,2 can be properly understood only in the context of an analysis of the various forms taken by capital. And, more specifically, that it is the emergence of the joint stock company share as a new form of fictitious capital that underlies the doctrine of separate personality and, therefore, the basic conceptual structure of contemporary company law.3
39 citations
39 citations
TL;DR: The authors examined the ability of the middle-range theory of policy convergence to explain the degree of doctrinal convergence between relatively autonomous state supreme courts and the U.S. Supreme Court.
Abstract: Theory: The study examines the ability of the middle-range theory of policy convergence to explain the degree of doctrinal convergence between relatively autonomous state supreme courts and the U.S. Supreme Court. Hypotheses: The article develops potential explanations of policy convergence to assess separately the state courts' convergence with policy content or doctrine established by the U.S. Supreme Court. The explanations of convergence are penetration, or state court response to a potential threat for a failure to converge with federal doctrine, emulation or convergence because the U.S. Supreme Court is a policy exemplar, elite networking, or convergence because of the extent of state court interconnection with national legal elites in a policy community, and harnonization or convergence when the state court justices share similar policy preferences with the U.S. Supreme Court. Methods: The study uses logit analysis on a sample of 1,040 state supreme court decisions about intensified scrutiny doctrine collected by the authors. Results: The results indicate that doctrinal convergence is a multifaceted event, influenced by the penetration of the U.S. Supreme Court's message to state courts, state court emulation of exemplars established by the U.S. Supreme Court, the political context of state court decision making, and the degree of harmony between the political commitments of the federal justices and state judges. However, elite socialization of state judges increased divergence from U.S. Supreme Court doctrines.
39 citations