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Selected Works

2009

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Institution
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Articles 1 - 30 of 3000

Full-Text Articles in Law

Self-Employment And Bogus Self-Employment In The European Construction Industry, Michele Faioli, Edoardo Ales Dec 2009

Self-Employment And Bogus Self-Employment In The European Construction Industry, Michele Faioli, Edoardo Ales

Michele Faioli

Self-Employment and Bogus Self-Employment in the European Construction Industry Project carried out with the financial assistance of the European Commission There have always been self-employed workers in the construction industry. Craftsmen in particular are often self-employed workers. Approximately 14% of construction workers are self-employed today, according to “Employment in Europe 2005”. The level of self-employed workers is even higher in some countries, such as Greece (40%), Poland (29%), Cyprus, Italy, Portugal, UK. The distinction between self-employed workers and employees has important fiscal, social and economic consequences: • Self-employed workers work under their own professional responsibility and therefore do not work …

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Where Have All The Lenders Gone?: "Loan To Own Transactions" In The Current Credit Market, Stephanie A. Nadler Dec 2009

Where Have All The Lenders Gone?: "Loan To Own Transactions" In The Current Credit Market, Stephanie A. Nadler

Stephanie A Nadler

Credit is not readily available in current markets. While distressed firms are in dire need of capital contributions, traditional lenders are not willing to make risky loans. Distressed firms have turned to hedge funds as lenders for much-needed capital. Thus, hedge funds engage in “loan to own” transactions, a lending technique that has recently drawn much criticism. In a loan to own transaction, the hedge fund makes a loan to a distressed company, while also taking an equity stake in the company. Pursuant to such activity, the hedge fund will generally gain a seat on the board of directors or …

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One Spark Can Set A Fire: The Role Of Intent In Incitement To Genocide, Kate Kovarovic Dec 2009

One Spark Can Set A Fire: The Role Of Intent In Incitement To Genocide, Kate Kovarovic

Kate Kovarovic

The world was introduced to an entirely new method of warfare during World War II: that which was fought with words. Hitler mastered the art of media manipulation, and the world struggled to overcome his capacity to influence the German people. After the war, the international community felt compelled to restrict the type of conduct that had enabled Hitler to so easily gain control of his audiences. However, legal scholars struggled to balance this need with the protection of free speech. Eventually, the Genocide Convention was drafted to explicitly prohibit direct and public incitement to genocide, but not mere hate …

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The Obama Administration’S Policy Change Grants Asylum To Battered Women: Female Genital Mutilation Opens The Door For All Victims Of Domestic Violence, David Z. Ma Dec 2009

The Obama Administration’S Policy Change Grants Asylum To Battered Women: Female Genital Mutilation Opens The Door For All Victims Of Domestic Violence, David Z. Ma

David Z Ma

ABSTRACT Throughout his Presidential campaign in 2008 and at his inauguration on January 20, 2009, President Obama repeatedly promised the American people one absolute: change. Change would come in many forms, and on April 13, 2009, change came to immigration law and to victims of domestic violence. President Obama’s administration filed a supplemental appeal brief outlining its policies for victims of domestic violence seeking asylum in the U.S. This policy completely reversed the Bush administration’s position on the issue. Yet, how did this change come about? In the preceding decade before President Obama took office, the Board of Immigration Appeals …

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Estimating The Impact Of The Death Penalty On Murder, John Donohue, Justin Wolfers Dec 2009

Estimating The Impact Of The Death Penalty On Murder, John Donohue, Justin Wolfers

John Donohue

No abstract provided.

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Consumers Want To Be In Europe; Corporations Want To Be In The U.S.: How To Reform Mandatory Consumer Arbitration Agreements To Be Fair To Both Parties, Kelly Parfitt Dec 2009

Consumers Want To Be In Europe; Corporations Want To Be In The U.S.: How To Reform Mandatory Consumer Arbitration Agreements To Be Fair To Both Parties, Kelly Parfitt

Kelly Parfitt

Arbitration is a popular method of resolving legal disputes between businesses. However, in the last few years, corporations have begun putting mandatory consumer arbitration agreements in small print on sales contracts and receipts for consumer goods, credit cards, and mortgages. Consumers are forced to pay fees much higher than court costs, depending on the case. An arbitrator will do hundreds of cases with the same corporations, be familiar with and even in some cases be affiliated with the corporation. This system results in the overwhelming majority of cases being won by corporations. But in the European Union, consumers are given …

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Negotiating With Someone Else's Money: Shifting The Responsibility For Climate Change Funding, Richard Faulk Dec 2009

Negotiating With Someone Else's Money: Shifting The Responsibility For Climate Change Funding, Richard Faulk

Richard Faulk

Some people think that “Climategate” will ultimately undermine everything that the UN is attempting to resolve in Copenhagen, but that story is for a later column. The truth, however, is that the parties – all of whom profess agreement that man-made global warming is a reality – are doing a powerful job of self-destructing outside the scientific controversy. The divisive issue is, as expected, which nations will bear the costs necessary to deal with climate change, and how those costs will be apportioned. Judging from yesterday’s conflicts, it seems that even those who agree that the problem exists are in …

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The Insolence Of Office: Exposing The Politics Of Perception In Copenhagen, Richard Faulk Dec 2009

The Insolence Of Office: Exposing The Politics Of Perception In Copenhagen, Richard Faulk

Richard Faulk

Despite the malaise that seemed to overlay the Copenhagen Climate Change Conference before opening day, the summit opened with a flourish of rhetoric and apparent optimism by a host of attendees. In a statement titled “Governments set to seal ambitious international climate change deal in Copenhagen,” UNFCCC Executive Secretary Yvo de Boer, the UN’s top climate change official, practically overflowed with enthusiasm, sounding supremely confident that an international climate change deal was within reach.

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The First "Official" Draft Of The Copenhagen Agreement: Blanks, Brackets, Chewing Gum, And Baling Wire, Richard Faulk Dec 2009

The First "Official" Draft Of The Copenhagen Agreement: Blanks, Brackets, Chewing Gum, And Baling Wire, Richard Faulk

Richard Faulk

The war of words – and the fight over money – continued at the Copenhagen conference on Friday. Although some parties continue to posture and insist that the negotiations are between the “haves” – “developed” nations such as the United States and Japan – and the “have nots” – “developing” nations such as China and the “G77” group – those classifications are increasingly imperiled by harsh rhetoric and unrealistic expectations.

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The Queer Case Of The Quarelsome Convocation: Allies, Adversaries, Indifference And Exaggeration In Copenhagen, Richard Faulk Dec 2009

The Queer Case Of The Quarelsome Convocation: Allies, Adversaries, Indifference And Exaggeration In Copenhagen, Richard Faulk

Richard Faulk

There’s no doubt, insofar as the UN is concerned, that the island nations are in desperate plight. In fact, the UN seized yesterday as an opportunity to unveil a barrage of new scientific information directly affecting the islanders’ interests. The day climaxed with an appearance by Al Gore himself, who relayed a disturbing forecast of vanished polar ice within five years. All of the disclosures were orchestrated masterfully, presumably in an attempt to create an irresistible cascade of information which, in turn, would motivate negotiators to reach a global agreement. Unfortunately, by the end of the day, all of this …

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The "Climategate" Controversy: A Tree Falls In The Forest -- But Is Copenhagen Listening?, Richard Faulk Dec 2009

The "Climategate" Controversy: A Tree Falls In The Forest -- But Is Copenhagen Listening?, Richard Faulk

Richard Faulk

An old philosophical riddle asks "If a tree falls in a forest and no one is around to hear it, does it make a sound?" The “Climategate” tree has fallen, and there were plenty of people around, both in Copenhagen and Washington, to hear it. The question is, however, was anyone listening? For the sake of the Copenhagen conference, and our Republic, one hopes so.

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Bringing Diplomacy To A Boil: Options For Agreements In Copenhagen, Richard Faulk Dec 2009

Bringing Diplomacy To A Boil: Options For Agreements In Copenhagen, Richard Faulk

Richard Faulk

As of Tuesday night, United Nations negotiators still disagreed on the financial aid that the US, Japan and other developed nations will give to the developing world to cope with climate change, Bloomberg reports, referring to a draft document. Many believe that the conference is seriously deadlocked. Well, maybe so, but alternatives still exist, and they have not, at least according to all reports, been fully considered.

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Copenhagen’S Disappointing Dénouement: Anatomy Of A Failed Convocation, Richard Faulk Dec 2009

Copenhagen’S Disappointing Dénouement: Anatomy Of A Failed Convocation, Richard Faulk

Richard Faulk

The Copenhagen Climate Change Conference is over. For two weeks, the United Nations and its member nations waited expectantly for “change” – waited, cajoled, argued, accused, threatened, and ultimately, disappointed everyone involved as they struggled on the “World Stage” of Copenhagen’s Bella Center. Tens of thousands watched inside and outside the Center while the convocation became ever more divisive and quarrelsome as the “developing” nations of the world demanded that their “developed” counterparts “share” their wealth and technology to “save the planet.” From the beginning of the conference, few informed attendees realistically expected significant progress, largely because of the twin …

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Separation Of Santa And State Is Smart, Fair, Alan E. Garfield Dec 2009

Separation Of Santa And State Is Smart, Fair, Alan E. Garfield

Alan E Garfield

No abstract provided.

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¿Por Qué Celebramos La Navidad?, Jorge Adame Goddard Dec 2009

¿Por Qué Celebramos La Navidad?, Jorge Adame Goddard

Jorge Adame Goddard

No abstract provided.

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Copyright For A Social Species, Robert E. Suggs Dec 2009

Copyright For A Social Species, Robert E. Suggs

Robert E. Suggs

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry. The expressive culture that copyright protects …

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Geneva Conventions Apply To Us Should Be Extended To Apply To Soldiers, Contractors And Civilians, James T. Struck Dec 2009

Geneva Conventions Apply To Us Should Be Extended To Apply To Soldiers, Contractors And Civilians, James T. Struck

James T Struck

Geneva Conventions Apply to us Should Be extended to apply to soldiers, contractors and civilians. Illinois courts do not understand that laws are being violated here with regard to civilians.

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Targeted Reform Of Commercialized Intercollegiate Athletics, Matt Mitten, Jim Musselman, Bruce Burton Dec 2009

Targeted Reform Of Commercialized Intercollegiate Athletics, Matt Mitten, Jim Musselman, Bruce Burton

Matt Mitten

This article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally utilize their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …

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Exception From Informed Consent Requirements For Human Subjects In Emergency Medicine Research, Laura J. Sanger Dec 2009

Exception From Informed Consent Requirements For Human Subjects In Emergency Medicine Research, Laura J. Sanger

Laura J Sanger

Research involving emergency care can present special issues with regards to obtaining informed consent. An emergency research subject may be considered a candidate for an emergency research under circumstances in which traditional informed consent can not be obtained before the therapeutic window for the research closes. In these cases there may be an exception for emergency research enrollment that waives traditional informed consent for participation in research. As informed consent forms a foundation for medical research studies, this waiver is predicated on very specific criteria. This paper explores the historical background for informed consent, the criteria for obtaining the waiver …

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Hold The Phone: The Incongruity Of Prosecuting Sexting Teenagers Under The Prosecutorial Remedies And Other Tools To End Exploitation Of Children Act Of 2003, Julia Saladino Dec 2009

Hold The Phone: The Incongruity Of Prosecuting Sexting Teenagers Under The Prosecutorial Remedies And Other Tools To End Exploitation Of Children Act Of 2003, Julia Saladino

Julia Saladino

The sexting phenomenon has recently received attention nationwide. The growing and expanding capabilities of technology, along with the accessibility of camera phones have increased the likelihood that teenagers will engage in sexting and face potential federal and state child pornography charges.

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The Uncertain Future Of Icsid In Latin America, Ignacio Antonio Vincentelli Dec 2009

The Uncertain Future Of Icsid In Latin America, Ignacio Antonio Vincentelli

Ignacio Antonio Vincentelli

The purpose of this article is to research the historical interaction of the International Centre for Settlement of Investment Disputes (ICSID) and Latin America, in an effort to suggest that the recent ICSID-unfriendly measures taken by some Latin American countries might not be an aberrational phenomenon in the region. If, moved by the engine of ideology, the rest of Latin America follows the example of Bolivia (the most radical of the ICSID-hostile countries) and denounces the Washington Convention, instead creating a new forum to resolve FDI disputes, at the regional level (as was recently proposed), the future of ICSID in …

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A Picture Is Worth A Thousand Words: The Nexus Between Jurisprudence, Natural Law, And Genre Depictions Of Genocide, Renee A. Pistone Dec 2009

A Picture Is Worth A Thousand Words: The Nexus Between Jurisprudence, Natural Law, And Genre Depictions Of Genocide, Renee A. Pistone

Renee A Pistone

Connections between reading and seeing often do aid in such an exploration about how fiction and film memorialize the Holocaust. The Holocaust's truths and its memories are shown through documents, memoirs, and diaries. These forms of evidence depict how the Holocaust did not reflect distortions in human nature; rather, it was carried out by Nazis who portrayed what society was like under the Sovereign. The Nazis violated the social compact because life in concentration camps amounted to life, in what Hobbes called the state of nature. Now, the question is whether the Nazis were following legal positivism. We know that …

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Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs Dec 2009

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs

Robert E. Suggs

This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …

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Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs Dec 2009

Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs

Robert E. Suggs

This article examines the constitutional validity of business combination antitakeover statutes. Delaware and other important corporate law jurisdictions enacted these statutes during the 1980s to inhibit hostile leveraged corporate takeovers and protect incumbent managements. These statutes work by prohibiting transactions which enable a hostile acquirer with a mere majority of target stock to sell target assets for cash and retain all the cash to service acquisition debt while paying off with securities the minority shareholders' interest in the assets sold. This allows the takeover to be financed with the assets acquired. Analyzing the structural operation of these statutes in greater …

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Racial Discrimination In Business Transactions, Robert E. Suggs Dec 2009

Racial Discrimination In Business Transactions, Robert E. Suggs

Robert E. Suggs

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure of …

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Rethinking Minority Business Development Strategies, Robert E. Suggs Dec 2009

Rethinking Minority Business Development Strategies, Robert E. Suggs

Robert E. Suggs

Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …

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A Dialogue In Search Of Meaning, Robert E. Suggs Dec 2009

A Dialogue In Search Of Meaning, Robert E. Suggs

Robert E. Suggs

No abstract provided.

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Consent To The Use Of Stored Dna For Genetics Research: A Survey Of Attitudes In The Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, Caryn Lerman Dec 2009

Consent To The Use Of Stored Dna For Genetics Research: A Survey Of Attitudes In The Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, Caryn Lerman

Karen H. Rothenberg

No abstract provided.

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Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn Dec 2009

Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn

Karen H. Rothenberg

No abstract provided.

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Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg Dec 2009

Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg

Karen H. Rothenberg

In this article, the authors discuss the Maryland Court of Appeals decision in the case of Grimes v. Kennedy Krieger Institute, Inc. and its implications for the tort duty owed by researchers, in particular public health researchers, to their subjects. The Opinion resulted from two lawsuits alleging lead poisoning of children enrolled in a study conducted by the Kennedy Krieger Institute, a world renown pediatric research and treatment facility. The opinion shocked the research establishment with its scathing characterization of researchers and its apparent holding that in Maryland a parent cannot consent to the participation of a child in "nontherapeutic …

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