Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Data protection (3)
- European Union (3)
- Extraterritoriality (2)
- Fiscal federalism (2)
- Globalization (2)
-
- Insider trading (2)
- Law school curriculum (2)
- Legal education (2)
- RICO (2)
- Tax cannibalization (2)
- Tax law (2)
- Tax policy (2)
- AB 32 (1)
- Access to papers (1)
- Adaptive management (1)
- Affirmative action (1)
- American law (1)
- Anthony Kennedy (1)
- Antonin Scalia (1)
- Assisted reproduction (1)
- BAMN (1)
- Bankruptcy (1)
- Barack Obama (1)
- Behavioral biases (1)
- Beneficence (1)
- Best mode (1)
- Big data (1)
- Bio-bias (1)
- Bioethics (1)
- Bitcoins (1)
Articles 31 - 45 of 45
Full-Text Articles in Law
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
Articles by Maurer Faculty
This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …
Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss
Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss
Articles by Maurer Faculty
Research comparing the relative significance of economic exchange theories and gender norms on parents’ division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “un-married”; …
Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum
Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
Irs Reform: Politics As Usual?, Leandra Lederman
Irs Reform: Politics As Usual?, Leandra Lederman
Articles by Maurer Faculty
The IRS is still reeling from accusations that it "targeted" Tea Party and other non-profit organizations. Although multiple government investigations found no politically motivated behavior-only mismanagement-Congressional hearings were quite inflammatory. Congress recently followed up those hearings with a set of IRS reforms. Congress's approach is reminiscent of the late 1990s, when highly publicized Congressional hearings regarding alleged abuses by the IRS resulted in a major IRS reform and restructuring, although the allegations subsequently were largely debunked. This Article argues that the recent allegations against the IRS also were overblown. It looks to the aftermath of the 1998 IRS reform, which …
External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia
External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia
Articles by Maurer Faculty
This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …
When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, And The Rule Of Law, Dawn E. Johnsen
When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, And The Rule Of Law, Dawn E. Johnsen
Articles by Maurer Faculty
The use of military force to respond to a foreign humanitarian crisis raises profound legal questions, especially when force is not authorized by the U.S. Congress or the U.N. Security Council. President Clinton's use of air strikes in Kosovo, President Obama's use of air strikes in Libya, and his threat of force following Syrian President Assad's use of chemical weapons against the Syrian people all responded to powerful humanitarian needs-but serious questions about their legality remain. Drawing upon these case studies, Professor Harold Koh proposes a framework that would find some such interventions lawful, even without congressional or Security Council …
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Articles by Maurer Faculty
After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how juries reach their decision. The very legitimacy of our justice system has come into question. Increasingly, deep concerns have been raised concerning the role of race and gender in jury decision-making in such controversial cases. Tracing the roots of juror decision-making is especially complicated when jurors’ race and gender are factored in as considerations. This Article relies on social science research to explore the many cross-sectional challenges involved in the jurors’ decision …
Tax Cannibalization And State Government Tax Incentive Programs, David Gamage, Darien Shanske
Tax Cannibalization And State Government Tax Incentive Programs, David Gamage, Darien Shanske
Articles by Maurer Faculty
States and localities offer businesses an enormous amount of tax incentives to locate within their jurisdictions despite: 1) the mass of evidence that suggests that these incentives are not particularly effective and, 2) substantial doubts about their constitutionality.
In this essay, we develop a new critical perspective on state tax incentives. We argue that offering these incentives permits states to offer lower taxes to more mobile businesses while keeping their overall corporate tax rates high. This is arguably not the best choice for the states, but it is definitely not the best choice for the federal government. Because the states …
Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone
Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone
Articles by Maurer Faculty
This Article assesses the forces on the horizon remaking the fertility industry, including greater consolidation in the health care industry, the prospects for expanding (or contracting) insurance coverage, the likely sources of funding for future innovation in the industry, and the impact of globalization and fertility tourism. It concludes that concentration in the American market, in contrast with other medical services, may not necessarily raise prices, and price differentiation may proceed more from fertility tourism than from competition within a single geographic region. The largest challenge may be linking those who would fund innovation, whether innovation that produces new high …
Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan
Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan
Articles by Maurer Faculty
No abstract provided.
The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson
The Changing Economic Geography Of Large U.S. Law Firms, William D. Henderson, Arthur S. Alderson
Articles by Maurer Faculty
The number of lawyers working for large U.S. law firms has increased dramatically. One important manifestation of this is the growing network of branch offices. Informed by three theories of spatial change—law firms (i) following the geographic expansion of their clients, relying on (ii) traditional agglomeration economies and relying on (iii) agglomeration benefits emerging from a location’s connectivity to other important geographies— we analyze longitudinal data on large U.S. law firms and the global urban network in which they are embedded. We find that, after the late 2000s, geographic expansion was less connected to organic market growth in U.S. domestic …
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou
Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou
Articles by Maurer Faculty
Though intended to educate patients on the risks, benefits, side effects and alternatives within medical treatment, informed consent documents may have unanticipated consequences for patients. Patients may regard these forms as little more than a ritual to access treatment. Or patients may perceive that these forms exist to protect doctors rather than to contribute to a meaningful, patient-protective educational interaction. To rehabilitate the informed consent project, this essay considers the baggage that informed consent documents have acquired through practical use, explores patients' and providers' lived experience of informed consent, and considers whether a multimedia consent application would be a viable …
Biologically Biased Beneficence, Jeffrey E. Stake
Biologically Biased Beneficence, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Booker's Ironies, Ryan W. Scott
A World Elsewhere: Secession, Subsidiarity, And Self-Determination As European Values, Timothy W. Waters
A World Elsewhere: Secession, Subsidiarity, And Self-Determination As European Values, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.