Law Commons^™

Moonshine To Motorfuel: Tax Incentives For Fuel Ethanol, Roberta F. Mann, Mona L. Hymel

Roberta F Mann

Abstract: Biofuels have been embraced by supporters from President George W. Bush to the Natural Resources Defense Council. Before 1930, the U.S. Treasury focused on shutting down small alcohol producers. After 1978, U.S. energy policy sought to encourage ethanol production to reduce dependence on foreign oil. Federal and state incentives have been credited with increasing ethanol production from 175 million gallons in 1980 to 3.9 billion gallons in 2005. The Internal Revenue Code contains three income tax credits designed to encourage ethanol use: the alcohol mixture credit, the pure alcohol credit, and the small ethanol producer’s credit. The credits, together …

Az Emberi Tudat Eredete, Milan Meszaros

Milan Meszaros physicist

Az emberi lét földi kiterjeszthetõségének vannak ugyan bizonyos formai feltételei, de ezek nem azonosak az emberi lét feltételeivel. Így az ember szellemi fejlõdése az elemi tudati folyamatokban végbemenõ szimmetriasértéssel több dimenzióssá válhat. A nem földi alapú tudati mûködésünk így felveti a következõ kérdéseket. Hogyan és miért került a tudat (a szellem) a Földre? Honnan származik értelmünk? Azonban, a „Honnan jöttünk? - Kik vagyunk? - Hova megyünk? probléma tudományos, felelõs és igényes megoldás-keresõinek tisztában kell lenniük azzal, hogy még csak tudásunknak a gyermekkorában vagyunk, és így a múltról való tudás (a történelem) is gyorsan fog változni.

Manipulated Doctrines, Improper Distinctions, And The Law Of Racial Vote Dilution, Avram D. Frey

Avram D Frey

This paper is about the law of racial vote dilution. Racial vote dilution is both a constitutional and statutory harm, however, because race doctrine requires specific intent, the statutory arm under the Voting Rights Act is dominant in this field. In my paper, I attempt to decipher an underlying theory to unite the doctrine in this context. I then critique the theory which I conclude best fits the doctrine on normative grounds.

Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky

Juliet P Kostritsky

Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view that courts would find liability and award reliance damages in precontractual cases that resembled the famous Hoffman v. Red Owl case. They have argued that courts deny recovery for reliance in cases involving precontractual preliminary negotiation but regularly grant reliance recovery following a preliminary agreement. They identify a pattern or sequence in which success is likely and then provide an analytical framework to justify liability. When parties reach a preliminary agreement that also includes an agreement that they both invest simultaneously and one party strategically …

Conflicts In Cross-Border Enforcement Of Tax Claims, Andrew Grossman

Andrew Grossman

Some recent academic studies have argued, with few provisos, for abandonment of the rule traditional in both common- and civil-law jurisdictions barring the enforcement of foreign tax claims and judgments in the absence of a specific treaty engagement to the contrary. To equate public-law debts with private debts, and to make judgments for such debts enforceable across borders in the manner of the Uniform Foreign Money-Judgments Recognition Act, without addressing the special nature of tax claims and the way in which they may arise in bankruptcy, involuntary liquidation of assets, and arise in tandem and across borders, is bound to …

The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi

Giovanna E. Gismondi

The present article underscore the role of the Inter-American Commission and the Inter-American Court of Human Rights in regards to the protection of the rights of indigenous communities, including their right to lands, natural resources and a healthy environment. In this regard, the intervention of the human rights organs of the Organization of American States (OAS), has had a positive impact on the laws and policies of Latin American countries towards the protection of indigenous peoples' rights. The article discusses four cases that set the standards of the legal protection of indigenous communities within the Inter-American System for the protection …

Rule 3.8: The Not So Special Responsibilities Of Prosecutors, Ahmed M.T. Riaz

Ahmed M.T. Riaz

Prosecutors are obligated to fulfill responsibilities that stretch beyond the usual scope of duties retained by non-prosecuting attorneys. A broad generalization as to why such differences exist may be reasoned from the fact that a prosecutor is a government official, a position which necessarily carries a duty to “seek justice.” However, the differences may more specifically be categorized in four ways. First, because prosecutors are government officials, they are provided great access to government resources; second, prosecutors are subject to different legal obligations than any other type of attorney, such as being burdened by a reasonable doubt standard; third, the …

Federal And State Laws Regarding Bottled Water – Testimony Before The House Oversight And Government Reform Committee, Domestic Policy Subcommittee, Noah D. Hall

Noah D Hall

Water bottling is big business and getting bigger, growing by about ten percent annually over the past five years. The most important environmental concerns from a legal and regulatory perspective relate to the impact of water extraction to fill the billions of bottles Americans purchase every year. While water bottling has almost no impact on the total national freshwater supply, the majority of bottled water comes from groundwater which has a direct hydrologic connection to springs and other vulnerable surface waters. Thus, even relatively small water withdrawals for bottled water can produce significant impacts at the local scale on other …

Why Do Venture Capital Funds Burn Research And Development Deductions?, Calvin H. Johnson

Calvin H. Johnson

Venture capital funds form a separate corporation for each venture that they support, within their portfolio of diverse ventures. The separate incorporation reduces the tax value that could be achieved from deducting research and development costs. The resulting taxes are draconian, sometimes confiscatory. If R&D deductions were used optimally, taxable investors could achieve a tax regime that does not reduce their pretax return, and taxable investors would drive tax-exempt investors out of the funds. If capital must come from tax-exempt investors, the funds should still be trying to use the R&D deductions against taxable income of the successful ventures. Tax …

Misfeasance In Public Office And Three Rivers District Council V The Bank Of England: The Collapse Of Bcci, Noel Cox

Noel Cox

The tort of misfeasance in public office is designed to target “the deliberate and dishonest abuse of power”. Public officers are not liable merely because a bona fide administrative act is later found to be unlawful. But there is a misfeasance in public office if a person suffers loss or damage as a result of administrative action known to be unlawful by those persons taking it, and those persons knew that the claimant would suffer loss or were recklessly indifferent as to whether the claimant would suffer loss. A deliberate and vindictive act by a public official, targeted at the …

Constitutional Responses To Paradigmatic Shifts In Technology, Noel Cox

Noel Cox

The technological revolution affecting the global economy has profound implications not merely for society, but also for global and national legal systems. This paper considers the nature of the constitutional responses to paradigmatic shifts in technology. It considers the nature of constitutions and of their relationship with technology. It then proceeds to briefly examine several seminal technological changes in the past, in order to identify common elements in relation to constitutions and technology. It then looks at several contemporary technological revolutions, with a similar purpose. Finally, it seeks to draw some common themes from these examples, with the intention of …

گزارش مصور تجمع 18 آذر 1386 در دانشگاه تهران, Sajjad Khaksari

SAJJAD KHAKSARI

تجمع بزرگ دانشجويان، دانشگاه آخرين سنگر آزادي، به دعوت دفتر تحكيم وحدت در دانشگاه تهران آغاز شد. جمعيتي بالغ بر 300 نفر در لحظات ابتدايي اين تجمع و تريبون آزاد در آن حضور يافته اند

Medical Malpractice Reform In Three Southern States, Leonard J. Nelson, Michael A. Morrisey, Meredith L. Kilgore

Leonard J. Nelson III

Louisiana, Alabama, and Mississippi have adopted medical malpractice reform legislation in response to the three crises in medical liability insurance. In 1975, Louisiana adopted damages caps, created a patient compensation fund, and mandated the submission of claims to screening panels. In 1987, Alabama adopted damages caps and modified the collateral source rule, but these reforms were declared unconstitutional in the 1990s. In 2002, Mississippi adopted a damages cap. In this article we review the effect of these reforms on the malpractice environment in each state. We find that based on the total value of paid claims and paid claims per …

استیضاح در دانشگاه, Sajjad Khaksari

SAJJAD KHAKSARI

استیضاح در دانشگاه؛ ۱۶ آذر ۱۳۸۶ بود که بسیجی های دانشگاه معاون فرهنگی احمدی نژاد رو دعوت کرده بودند. هی فکر می کردم آخه از این مزدور من چی می تونم بپرسم وقتی که ماهی از سر گندیده گردیده و فتنه از عمامه آقا خامنه ای منتشر! پس به جای رفتن به جلسه کذایی سوالاتم را از ارباب اون آقا نوشتم و منتشر شد زیر زمینی! تا مدت ها دست به دست بین دانشجوها و دوستان می گشت، هر چند که چندمین وبلاگ ام رو برای چندمین بار فیلتر کردند

Emergence Of Knowledge Economy, Nazish Irshad Husain

Nazish Irshad Husain

No abstract provided.

Thailand And Its Shortcut Towards General Competition In Telecommunications Industry, Piyabutr Bunaramrueang

piyabutr bunaramrueang

It is commonly known that telecommunications industry requires a specific set of regulations in dealing with its own critical issues, particularly of asymmetric regulation in its context of natural monopoly. Today in the digital age, telecommunications industry is transitioning towards general competition meaning that the specific conditions are fading out; specific rules are becoming unnecessary. The United States and the European Union have provided the most advanced examples in this area which have being developed for more than a century. Nonetheless, each country has its own conditions and specific requirements. For examples, the United States possesses very strong systems interplaying …

Revisiting Injunctive Relief: Interpreting Ebay In High-Tech Industries With Non-Practicing Patent Holders, Anne S. Layne-Farrar

Anne S. Layne-Farrar

The Supreme Court’s 2006 eBay ruling marked a turning point in injunctive relief policy. Unfortunately, there seems to be considerable confusion about the implications of the decision. Some authors, concerned over patent holdup and excessive royalty rates, interpret the eBay decision as giving a green light to district courts to deny injunctive relief to “non-manufacturing patent owners”. Using an error cost framework, we examine the theory and evidence behind patent holdup concerns as they relate to injunctive relief policy. We find that the holdup theory justifying categorical limitations on injunctive relief rests upon overly narrow assumptions. As a result, categorical …

Are We Exclusive? Does It Matter?: An Antitrust-Inspired Framework For Understanding Anti-Exclusive Dealing Statutes And The Meaning Of Coercion, Christopher E. Ware, Alison A. Hill

Alison Hill

We both practice in the area of Product Distribution and Franchise law, where we first encountered client concerns regarding the anti-exclusive dealing statutes described in our Article. These laws prevent manufacturers from "coercing" their dealers into not selling products from a competing manufacturer. However, the laws are problematic because they never define what it means for a manufacturer to "coerce" a dealer into an exclusive deal.

Our subsequent research demonstrated four key factors which make our Article timely for publication:

(1) The number of states passing anti-exclusive dealing statutes is continually increasing. Between 2000 and 2007, ten states enacted anti-exclusive …

Comparative Legal Education In India : An Inquiry, Sridhar Patnaik Dabiru

Dabiru Sridhar Patnaik

No abstract provided.

Finanziamenti Dei Soci Di S.R.L. E Fallimento Della Società, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Contratto Di Swap E Nozione Di Operatore Qualificato, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

The Role Of Religious Values In Politics, Darrin P. Dixon

Darrin P Dixon

No abstract provided.

The Emotional Juror, Todd E. Pettys

Todd E. Pettys

Addressing the dichotomy often drawn between emotions and rationality, I argue that, while emotions sometimes exert undesirable influences in the courtroom, there are a variety of ways in which emotions aid rational decision-making by jurors.

Presidential Powers Revisited: An Analysis Of The Constitutional Powers Of The Executive And Legislative Branches Over The Reorganization And Conduct Of The Executive Branch, Alexandra R. Harrington

Alexandra R. Harrington

Abstract: Presidential Powers Revisited: An Analysis of the Constitutional Powers of the Executive and Legislative Branches Over the Reorganization and Conduct of the Executive Branch.

Alexandra R. Harrington, Esq.

Two hundred eighteen years after George Washington was elected to serve as the first President of the United States, the Constitutional Framers would likely be heartened to know that over a dozen people are vying for the right to run as their party’s presidential candidate in the upcoming 2008 presidential election. However, these same Framers would likely be severely disheartened to learn that the powers and responsibilities assigned to the executive …

Not All It’S Quacked Up To Be: Why State And Local Efforts To Ban Foie Gras Violate Constitutional Law, Alexandra R. Harrington

Alexandra R. Harrington

Abstract: Not All It’s Quacked Up To Be: Why State and Local Efforts to Ban Foie Gras Violate Constitutional Law

What do Egyptian Pharaohs, Roman Jews, French farmers, immigrants to America, consumers of haute cuisine – and the chefs who create it – and business owners in Long Island, New York, and Sonoma, California have in common? Strangers in time, language, culture, and geography, these groups form an unlikely cohort around the humble duck and, more specifically, the love of its liver. Foie gras, as the fatty liver of a duck, goose, or mulard is commonly known, is an ingredient …

Executive Parity: How The Structure Of Executive Branches At The City, State, And Federal Level Impacts Presidents And Presidential Candidates., Alexandra R. Harrington

Alexandra R. Harrington

Abstract: Executive Parity: How the Structure of Executive Branches at the City, State, and Federal Level Impacts Presidents and Presidential Candidates.

Alexandra R. Harrington, Esq.

With the specter of the 2008 presidential election already upon the electorate and daily reminders of its importance and the multitude of candidates seeking office broadcast through the media, there is perhaps no better time to examine the types of institutional structures which give presidential candidates the greatest exposure to and experience in the powers, obligations, and identity of an executive in our three branch system of government. Without examining personalities or specific issues that …

They Fought For Trade But Did Trade Win?: An Analysis Of The Trends Among Trade Disputes Brought By Wto Member States Before The Wto Dispute Resolution Body, Alexandra R. Harrington

Alexandra R. Harrington

Abstract: They Fought for Trade But Did Trade Win?: An Analysis of the Trends Among Trade Disputes Brought By WTO Member States Before the WTO Dispute Resolution Body.

Alexandra R. Harrington, Esq.

Much has been made of the common assumption that crime and bad conduct does not pay, particularly on the level of international crimes and criminal conduct. However, the field of bad conduct in international trade is not as frequently discussed. What does a study of the outcomes of complaints brought before the WTO’s dispute resolution body tell us about the uses of that entity for the promotion of …

The Puzzle Of Delegated Revenge, Kenworthey Bilz

Kenworthey Bilz

Why should people ever be satisfied when a third party punishes in their name, as opposed to having the opportunity to exact revenge personally? When theories of delegated revenge are offered at all, they explain why a well-ordered society needs centralized punishment as a matter of practicality. But this doesn’t adequately explain why they actually the public actually prefers it, and why they accept some forms of delegated agents more than others. Moreover, these theories do not have a good explanation for why or when delegated revenge will fail to satisfy victims, nor when the state will indulge this preference, …

El Registro De Entidades Administradoras Y Liquidadoras En La Legislación Concursal, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Making Sense Of Nonsense: Intellectual Property, Antirtust, And Market Power, Ariel Katz

Ariel Katz

While the economic rationale for intellectual property (“IP”) rights rests on the concepts of “monopoly” or market power,” the Supreme Court, in Illinois Tool Works v. Independent Ink, has recently joined a “virtual consensus” among antitrust commentators believing that no presumption of market power should exist in antitrust cases involving IP. This Article critically analyzes this consensus, and clarifies the relationship between IP and market power, shows why IP rights often do confer market power in the antitrust sense, but also explains why acknowledging this should not necessarily lead to oversized application of antitrust law to IP.