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Articles 92791 - 92820 of 430376

Full-Text Articles in Law

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden Nov 2012

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Florida Law Review

The tax-free treatment oflike-kind exchanges presents one of tax law’s most compelling equity conundrums. Tax law generally does not tax property holders on the property’s appreciation but does tax gain or loss recognized by property sellers and exchangers of non-like-kind property. In the basic Aristotelian system, equity requires that likes be treated alike, but the system does not provide criteria to determine what is alike. Depending upon the criteria, exchangers of like-kind property can be similar either to holders or to sellers and exchangers of non-like-kind property. The equity conundrum asks whether tax law should treat exchangers of ...


Confusion And Upredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann Scarlett Nov 2012

Confusion And Upredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann Scarlett

Florida Law Review

The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts’ response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts’ response to the recent scandals


Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger Nov 2012

Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger

Florida Law Review

Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, publicschool officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary ...


Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi Nov 2012

Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi

Florida Law Review

No abstract provided.


In Honor Of Walter O. Weyrach: Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, Scott J. Kennelly Nov 2012

In Honor Of Walter O. Weyrach: Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, Scott J. Kennelly

Florida Law Review

A knock at your front door wakes you. Blurry-eyed, you open your door to a government official who tells you that the city would like to purchase your home for a price slightly greater than fair market value. According to the official, most of your neighbors have already agreed to sell their homes so that your “distressed” neighborhood can get an economic facelift, which will include a multi-tower condominium complex. While you briefly consider selling, you are bothered that the government will not put your property to what you deem a traditional public use. Quickly remembering that your state representative ...


In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks Nov 2012

In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks

Florida Law Review

After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional-a decision based on nothing more than the ipse ...


In Honor Of Walter O. Weyrauch: The Ubiquity Of Greed: A Contextual Model For Analysis Of Scienter, Ann Morales Olazabal, Patricia Sanchez Abril Nov 2012

In Honor Of Walter O. Weyrauch: The Ubiquity Of Greed: A Contextual Model For Analysis Of Scienter, Ann Morales Olazabal, Patricia Sanchez Abril

Florida Law Review

Some securities fraud plaintiffs contend that greed—in the form of perpetuating a prestigious executive position, ensuring a gainful bonus, or maintaining the appearance of corporate profitability—is a bona fide motive evidencing scienter. But currently, no single judicial standard or analytical rubric guides the analysis of whether allegations of greed indicate scienter in these cases. The Private Securities Litigation Reform Act of 1995 (PSLRA) requiresthat the complaint state “with particularity” facts giving rise to a “strong inference” that the defendant acted with the scienter required for the cause of action. Plaintiffs have long established scienter through “motive and opportunity ...


In Honor Of Walter O. Weyrauch: Substantive Due Process Limits On Punitive Damages Awards: "Morals Without Technique"?, Emily Gold Waldman, F. Patrick Hubbard Nov 2012

In Honor Of Walter O. Weyrauch: Substantive Due Process Limits On Punitive Damages Awards: "Morals Without Technique"?, Emily Gold Waldman, F. Patrick Hubbard

Florida Law Review

In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad hoc ...


In Honor Of Walter O. Weyrauch: Three Faces Of Supplemental Jurisdiction After The Demise Of United Mine Workers V. Gibbs, C. Douglas Floyd Nov 2012

In Honor Of Walter O. Weyrauch: Three Faces Of Supplemental Jurisdiction After The Demise Of United Mine Workers V. Gibbs, C. Douglas Floyd

Florida Law Review

In United Mine Workers v. Gibbs, the Supreme Court rejected the narrow “cause of action” test announced in Hurn v. Oursler for what was then termed pendent-claim jurisdiction in favor of a broader “common nucleus of operative fact” standard. In subsequent cases, the Court in dicta implied, without deciding, that the same standard might govern other extensions of federal court jurisdiction to non-diverse state law claims incident to federal question or diversity claims falling within Article III of the U.S. Constitution in the related but distinct contexts of “pendent party” and “ancillary” jurisdiction. Meanwhile, cases in the lower courts ...


Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz Nov 2012

Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz

Florida Law Review

The story goes something like this: There was a particularly difficult college professor notorious for a low grading scale. After years of low grade following low grade, one paper finally earned a B minus, the highest grade ever awarded by this professor. Word spread about the paper, and the student author sold it to the highest bidder, who later turned in the same paper to the same professor and received a B. The next year, after being recycled yet again, the paper received a B plus. When the paper was recycled and submitted a fourth time, it finally received an ...


Tort Arbitrage, Robert J. Rhee Nov 2012

Tort Arbitrage, Robert J. Rhee

Florida Law Review

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is aproper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the parties ...


The Elephant In The Room: Dangers Of Hedge Funds In Our Financial Markets, Dustin G. Hall Nov 2012

The Elephant In The Room: Dangers Of Hedge Funds In Our Financial Markets, Dustin G. Hall

Florida Law Review

Hedge funds are our modern titans of industry, and like their predecessors they now represent the best and the worst of the new global economy. These minimally regulated investment entities —in which historically only super-rich investors could have an interest —have recently had profound impacts on financial markets around the world. In early 1992, for example, George Soros, the now-famous hedge fund manager, made it big by using his hedge fund, Soros Fund Management LLC, to leverage a massive bet that the British pound would be ejected from the European Exchange Rate Mechanism. The bet reportedly earned Mr. Soros over ...


Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman Nov 2012

Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman

Florida Law Review

Nearly twenty years ago in Hazelwood School District v. Kuhlmeier, the Supreme Court, in upholding the constitutionality of a public high school principal’s censorship of a student newspaper produced in a journalism class, held that “educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.” Since then, Hazelwood’s “reasonably related to legitimate pedagogical concerns” This Article argues that this conundrum can be untangled by returning to Hazelwood’s core as a student speech ...


Broke But Not Bankrupt: Consumer Debt Collection In State Courts, Richard M. Hynes Nov 2012

Broke But Not Bankrupt: Consumer Debt Collection In State Courts, Richard M. Hynes

Florida Law Review

Virginia, with a population of about seven million, has averaged more than a million civil filings a year since the late 1980s. The overwhelming majority of these filings seek to collect debts from consumers, and most judgments go unpaid. Despite this apparent insolvency, civil litigation appears to be only tenuously related to consumer bankruptcy whether one looks at Virginia or at the nation as a whole. Nationally, the non-business bankruptcy filing rate rose by more than 350% between 1980 and 2002, while the civil filing rate rose by about 12%. Prior research suggests that relatively few bankrupt debtors have been ...


China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan Nov 2012

China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan

Han-Wei Liu

Several recent studies have discussed the ramifications of the China – Raw Materials case for China’s rare earths. However, none of these studies has conducted a thorough investigation of China’s current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China’s export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favorable WTO ruling. However, if ...


An Argument For A Vicarious Liability Standard For Agricultural Employers And Associations For The Acts Of Contractee Farm Labor Contractors: An Addition To The Migrant And Seasonal Agricultural Worker’S Protection Act Of 1983, Andrew Leibfried Nov 2012

An Argument For A Vicarious Liability Standard For Agricultural Employers And Associations For The Acts Of Contractee Farm Labor Contractors: An Addition To The Migrant And Seasonal Agricultural Worker’S Protection Act Of 1983, Andrew Leibfried

Andrew Leibfried

Much of the federal law that has been passed to protect seasonal and migrant agricultural workers has been circumvented by Agricultural Employers and Associations who contract out their labor, and thus, many of their obligations to Farm Labor Contractors. Because these Farm Labor Contractors are considered independent contractors, seasonal and migrant agricultural laborers are required to enforce their rights under federal law against these contractors who can be either transient or judgment proof, while the Agricultural Employer or Association who hired the contractor escapes liability entirely. The focus of this paper is to present the case for a different legal ...


Guest Post: Transocean V. Maersk, Part Ii: Secondary Indicia Of Nonobviousness Outweigh Prima Facie Case Of Obviousness, Lucas Osborn Nov 2012

Guest Post: Transocean V. Maersk, Part Ii: Secondary Indicia Of Nonobviousness Outweigh Prima Facie Case Of Obviousness, Lucas Osborn

Lucas S. Osborn

No abstract provided.


Revising The Law-Growth Hypothesis: A Case Study Of Reform-Era China, Alice Xie Nov 2012

Revising The Law-Growth Hypothesis: A Case Study Of Reform-Era China, Alice Xie

Alice Xie

The law-growth hypothesis, which holds that the rule of law is essential to economic growth, has been a cornerstone of development and political thought for decades. China, which has broken historic records in GDP growth despite lacking the rule of law, challenges this conventional wisdom. While China has received increasing attention with respect to the hypothesis, this paper is among the first to holistically examine its economic and legal development since the onset of the post-Mao reforms. I argue that China’s legal-economic development followed three stages. First, early growth occurred through spontaneous illegal economic activity. Next, successful private sector ...


Crime And Delinquency In Nevada, Brooke M. Wagner, Andrew L. Spivak, Stephanie L. Kent, Deborah Koetzle Nov 2012

Crime And Delinquency In Nevada, Brooke M. Wagner, Andrew L. Spivak, Stephanie L. Kent, Deborah Koetzle

Stephanie Kent

Crime and justice system have received much attention from American scholars and politicians in the last than 50 years, with issues in adult criminality, delinquency, and penology emerging at the center stage of criminological inquiry. While scholarly literature now includes many studies focused on different regions and cities, there are no large-scale empirical examinations of crime and delinquency in Nevada. One exception is the Social Health of Nevada report issued in 2006 by University of Nevada, Las Vegas (UNLV) Center for Democratic Culture (CDC).


Selected Types Of Law Books In The Horace W. Sturgis Library, Mary Wilson Nov 2012

Selected Types Of Law Books In The Horace W. Sturgis Library, Mary Wilson

Mary Wilson

Reading guide for legal books available in the Sturgis Library.


Legal Research Guide, Mary Wilson Nov 2012

Legal Research Guide, Mary Wilson

Mary Wilson

Subject guide for researching legal issues using the resources of the Sturgis Library.


Investigating Impacts Of Legal Practice Management System On The Employee Productivity Of The Small Thai Law Firm, Onanong Pilun-Owad Nov 2012

Investigating Impacts Of Legal Practice Management System On The Employee Productivity Of The Small Thai Law Firm, Onanong Pilun-Owad

Onanong Pilun-owad

This paper focuses on the study and investigation of the impacts in the implementation of a software package to support the operation and management of legal practice, which is referred to as the Legal Practice Management System (LPMS), on employee productivity. This implementation is considered the Information Technology-enabled business process and organization change of a small law firm in Thailand. The focal organization is a law firm in Thailand employing thirty-two people, which has been facing various business challenges from both internal and external factors; for example, increasing clients’ expectations, local and foreign competitors, poor financial performance, slow responses to ...


Panelist, Stop The Pipeline To Prison: Create Educational Opportunities, Jobs And Wealth, Francine Sherman Nov 2012

Panelist, Stop The Pipeline To Prison: Create Educational Opportunities, Jobs And Wealth, Francine Sherman

Francine T. Sherman

No abstract provided.


Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus Nov 2012

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Ann L. Nowak

No abstract provided.


Evaluating Rules And How We Measure Their Effects, Rena I. Steinzor, Michael Patoka Nov 2012

Evaluating Rules And How We Measure Their Effects, Rena I. Steinzor, Michael Patoka

Rena I. Steinzor

The Center for Progres­sive Reform undertook an empirical study of the Office of Information of Regulatory Affairs, the White House office that reviews every significant regulation issue by Executive Branch agencies. The study assembled an unprecedented portrait of its behav­ior during the decade from October 16, 2001, when notices of meetings with outside parties were first available on the Internet, until June 1, 2011. OIRA conducted 6,194 separate reviews of regulatory submissions, holding 1,080 meetings that involved 5,759 ap­pearances by outside par­ticipants. Both the final report and the database we assembled are available ...


The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe Nov 2012

The Evolving Relationships Between Hospital, Physician And Patient In Modern American Healthcare, Craig B. Garner, David Mccabe

Craig B. Garner

This article investigates the ways in which the relationships between patient, provider and hospital have evolved in the past fifty years, while paying special attention to the influence of modern health care reform on all parties involved. Using Medicare as the primary standard, the nation’s health care system is examined both historically and in light of recent changes that seek to transition its structure from one that is cost based to an approach that emphasizes performance. It is only through understanding the roots of our health care program that we can make informed decisions designed to improve its future ...


Albert Named Founding Member Of I-Connect Blog, Boston College Law School Nov 2012

Albert Named Founding Member Of I-Connect Blog, Boston College Law School

Law School Publications

No abstract provided.


Could A Patent Term Reduction Solve The Software Patent Problem?, Brian J. Love Nov 2012

Could A Patent Term Reduction Solve The Software Patent Problem?, Brian J. Love

Faculty Publications

No abstract provided.


Cases, Regulations And Statutes, Robert P. Achenbach Jr Nov 2012

Cases, Regulations And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.