Are term limits undemocratic?

Article Abstract:

The imposition of term limits on elected officials is prodemocratic because it addresses collective action and entry barrier problems that cannot be resolved through conventional voting. The Supreme Court mistaken asserted in U.S. Term Limits, Inc. v. Thornton that term limits are antidemocratic because they interfere with voters' preferences. For both legislators and executives, term limits reduce the barriers imposed by incumbency. Without term limits, voters are likely to reelect an influential legislator despite the fact that there may be a new candidate that they might prefer.

Analysis, Political aspects, Representative government and representation, Representative government, Term limits

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The triggering function of sale of control doctrine

Article Abstract:

The current doctrine governing sales of controlling blocks of stock effectively discriminates between beneficial and harmful transfers of control. Reform proposals from two different schools would either always or never allow noncontrolling shareholders to share the premium price commanded by sale of controlling shares. The result would be either overdeterrence of beneficial transfers or underdeterrence of harmful transfers. The current doctrine triggers the equal sharing approach when abuse seems likely, otherwise following the deregulatory approach.

Stocks, Stock transfer

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The work product doctrine: functional considerations and the question of the insurer's claim file

Article Abstract:

The work product doctrine should be applied by courts to discovery requests for insurance claim files in first-party insurance cases with a rule which considers the realities of the insurance industry and the doctrine's intent. Discovery should be denied only for preparations in anticipation of litigation occurring after a claim has been denied. Encouragement of adequate trial preparation is the general intent behind the work product doctrine and this rule should protect insureds and ensure adequate litigation preparation.

Testimony, Insurance claims adjustment, Claims adjustment (Insurance), Work product privilege (Law), states

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