Law Commons^™

Assessing Risk, Liability And Asset Management Investments Among U.S. And Foreign Banks: Bank Of America, Wells Fargo, And Wachovia, Valencia Tamir Johnson Dr.

Valencia T Johnson

In recent years, banks have had a positive and negative impact on assessing risk, liability and asset management from other competitors such as Bank of America, Wells Fargo and Wachovia. There have been many recent discussions about the U.S. and International banking management and investments. The Federal Reserve and the U.S. Exchange Commission are finding ways to evaluate the negative and positive behaviors exhibited by other financial institutions, which has an impact on the global economy, and in regards to financial management and investments. This article explains the important of assessing the risk and compliance management in financial banking and …

“Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees”, Tung Sing Wong Mr.

Tung Sing Wong Mr.

The article focuses on whether driver’s licenses that North Carolina recently issued to Deferred Action for Childhood Arrivals (DACA) grantees are obstacle preempted. DACA grantees do not have legal status, but are protected from removal. North Carolina issued new driver’s licenses that publicize the immigration status of DACA grantees. The issue is whether a state can publish the immigration status of individuals who do not have legal status in the U.S., but are nonetheless protected from removal. Additionally, the article explores how the interaction of the North Carolina licenses with 287(g), Secured Communities, and recent state law such as Arizona's …

Federalism And Fiduciaries: A New Framework For Protecting State Benefit Funds, Richard E. Mendales

Richard E. Mendales

The financial crisis has underlined difficulties faced by states and their subdivisions in paying benefits to their employees. The most spectacular example is Detroit's bankruptcy, but state and local employers across the country face sharp cuts in benefits as their employers fight for solvency. A federal solution such as ERISA is precluded by considerations of federalism and the impracticability of getting major legislation through Congress. This Article proposes an alternative solution: a uniform state code, following other uniform state laws such as the Uniform Commercial Code, that states could adopt to govern both state and local plans. It would finance …

Landing Stable Employment: The Exploratory Study Of A Job Vs. Career, Valencia Tamir Johnson Dr.

Valencia T Johnson

Landing stable employment can be difficult and discouraging. Some employers want applicants that are searching for a “career”, and some employers are looking for applicants that want a “job”. Ask yourself, what is the difference between a job and a career? In simple terms, a job is short-term and a career is long-term. Applicants who seek a job would likely stay less than a year, as with a career, the candidate would likely stay more than a year or longer. This article provides a clear and concise overview of the exploratory study of landing a career or job.

Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor

Michael A. Zuckerman

No abstract provided.

Future Of Legal Aid, Wayne Moore

wayne moore

The Future of Legal Aid

Abstract

This article predicts the future of legal aid in the U.S. It begins by examining the tools other countries use for shaping the future of legal aid and explains why these methods will not work in the U.S. It also acknowledges that changes that require a significant increase in funding are not likely to occur in the foreseeable future. What’s left are methods that allow providers to do more with the resources they have, namely the adoption of systems. The U.S. is currently experiencing a revolution in the use of systems to expand and …

Goliath Versus Goliath In High-Stakes Mbs Litigation, David J. Reiss, Bradley T. Borden

David J Reiss

The loan-origination and mortgage-securitization practices between 2000 and 2007 created the housing and mortgage-backed securities bubble that precipitated the 2008 economic crisis and ensuing recession. The mess that the loan-origination and mortgage-securitization practices caused is now playing out in courts around the world. MBS investors are suing banks, MBS sponsors and underwriters for misrepresenting the quality of loans purportedly held in MBS pools and failing to properly transfer loan documents and mortgages to the pools, as required by the MBS pooling and servicing agreements. State and federal prosecutors have also filed claims against banks, underwriters and sponsors for the roles …

Goliath Versus Goliath In Hight-Stakes Mbs Litigation, Bradley T. Borden, David J. Reiss

Bradley T. Borden

The loan-origination and mortgage-securitization practices between 2000 and 2007 created the housing and mortgage-backed securities bubble that precipitated the 2008 economic crisis and ensuing recession. The mess that the loan-origination and mortgage-securitization practices caused is now playing out in courts around the world. MBS investors are suing banks, MBS sponsors and underwriters for misrepresenting the quality of loans purportedly held in MBS pools and failing to properly transfer loan documents and mortgages to the pools, as required by the MBS pooling and servicing agreements. State and federal prosecutors have also filed claims against banks, underwriters and sponsors for the roles …

Where Babies And Death-Row Inmates Intersect: Is Arbitrary Agency Decision-Making Supported Under Existing Law?, Lisa C. Blanton Bs., Mj.

Lisa C. Blanton BS., MJ.

The Food and Drug Administration (FDA) is the executive branch regulatory agency primarily responsible for protecting the nation’s drug products.^[1] The FDA recently made highly inconsistent decisions surrounding a new drug for the prevention of pre-term birth, Makena™ (hydroxyprogesterone caproate). During a lengthy approval process, FDA made laudatory public announcements and demonstrated high programmatic preference to expedite approval of Makena by assigning orphan status^[2] and granting accelerated “fast-track” approval time-frames.^[3] Despite these actions, within weeks of the approval, the FDA issued aggressive public statements against the product’s efficacy and safety and made supportive comments about a non-FDA …

Ucmj Article 66(C) And The Case To End The Courts Of Criminal Appeals De Novo Review Of Factual Sufficiency, Matt C. Pinsker

Matt C Pinsker

Under UCMJ Article 66(c), the military’s courts of criminal appeals have the unusual appellate power of conducting a de novo review of a trial court’s findings of fact. Congress gave the military’s appellate courts their unusual fact-finding powers in 1950 because under the original UCMJ, special and general courts-martials were highly unprofessional proceedings which were susceptible to command influence, creating the risk of unjustly convicting innocent servicemembers. Originally, there were not even judges presiding at summary courts-martials. Instead, a senior line officer untrained in law was designated president of the panel and was responsible for making legal decisions such as …

Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman

Lewis M. Wasserman

Overcoming Obstacles to Religious Exercise in K-12 Education LEWIS M. WASSERMAN Abstract Judicial decisions rendered during the last half-century have overwhelmingly favored educational agencies over claims by parents for religious accommodations to public education requirements, no matter what constitutional or statutory rights were pressed at the tribunal, or when the conflict arose. These claim failures are especially striking in the wake of the Religious Freedom Restoration Acts (“RFRAs”) passed by Congress in 1993 and, to date, by eighteen state legislatures thereafter, since the RFRAs were intended to (1) insulate religious adherents from injuries inflicted by the United States Supreme Court’s …

Local Governments As Modern Day Robin Hoods: Solving The Mortgage Crisis With Eminent Domain, Yasmany Barroso

Yasmany Barroso

Abstract

This article addresses one of the most critical, ongoing issues of the twenty-first century, the current mortgage crisis. This crisis is one of the worst disasters in American history, leaving hundreds of thousands homeless. In response, the federal government has legislated fiercely, hoping to help struggling homeowners. However, many programs have failed to fix this problem.

This article flexes scholarly knowledge of the fifth amendment’s taking clause in proposing municipalities buy foreclosed homes to sell back to initial and prospective homeowners. The proposal is firmly rooted in reality, however, solving financing issues by further proposing that homeowners seek financing …

Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner

Peter J. Aschenbrenner

The traditional citation format for reference to specific passages in the federal constitution does not account for the order in which text was added, changed or deleted; a new citation format is proposed, called ‘Constitutional Text Units’; Madison’s June, 1789 suggestion for maintaining a coherent presentation is explained and defended.

Table Annexed To Article: Our Aesthetic Constitutions: A New View, Peter Aschenbrenner

Peter J. Aschenbrenner

A six-way division of constitutional text is presented. Responsibilities and disabilities occupy the semantic spaces ordinarily assigned to ‘powers’ and ‘rights,’ respectively. Titles, offices and intersections are segregated, which category includes the restraints between any two (and more) actors and bodies. Aspirational language is carved out, along with text addressing government to government issues, here, federal and state governments. Finally each instance of an apparatus, permitting, commanding, and prohibiting operational consideration of issues (as they may arise in the future) are named.

Cost Of Electronic Waste: Environmental Challenges And Remedial Measures, Sukdeo Ingale

Sukdeo Ingale

The paper on ‘COST OF ELECTRONIC WASTE: ENVIRONMENTAL CHALLENGES AND REMEDIAL MEASURES’ aims to through light on the increasing amount of e-waste and existing legislative policies about e-waste management in India. For the last few decades, India has been used as the dumping sites for hazardous toxic e-waste materials from some developed countries. It poses a grave environmental threat to Indian people, many of whom are not aware of the dangers effects of it and are not equipped to handle the ensuing consequences. It gave rise to the constant demand from all corners of the country to examine the policy …

“ Cessation Of Life Is Inevitable “ Prolonging At What Cost ? Living Will ", Anil Jain Dr Anil Jain

ANIL JAIN DR ANIL JAIN

ABSTRACT Introduction “ CESSATION OF LIFE IS INEVITABLE “ ........... PROLONGING AT WHAT COST ? " LIVING WILL " Many thousands of patients are kept alive in comatose and permanently vegetative states. Have we ever considered the sufferings and pain of the patient who is not able to speak and the cost burden to their families & government . Nearly 80% of all deaths are unnecessarily prolonged, painful, expensive, and emotionally burdensome to both patients and their families . In underdeveloped countries where health care is not a part of Government system, patients and their families pay from their pocket …

The Second Amendment: A Reasonable Interpretation In The 21st Century, Kaleb D. Wingate

Kaleb D Wingate

The interpretation of the Second Amendment has been the subject of increased litigation throughout the last several years. Challenges to the Second Amendment and related legislation tend to create polarized responses from various political organizations. These responses, commonly in the form of votes in our legislative branch, impede the progress of reasonable measures to reduce instances of violence across the country. Addressing gun violence in our country must be a goal which exceeds the interest of any political affiliate or lobby. This article suggests reasonable measures our government can take to address the growing problems with gun violence in the …

유럽의 제약산업 관련 경쟁법 집행동향 : Sector Inquiry, 역지불합의, 특허권 남용을 중심으로, Hee-Eun Kim

Hee-Eun Kim

No abstract provided.

El Registro De Marca, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Junta General De Accionistas : Preguntas Y Respuestas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Las Juntas Cuasiuniversales, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Contratación Inmobiliaria: Mitos Y Verdades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Educación, Religión E Igualdad En La Universidad, Daniel Soria Luján

Daniel Soria Luján

No abstract provided.

“Inocuidad De La Excepción De Convenio Arbitral Frente Al Proceso Judicial Derivado De Una Acción De Control De La Contraloría General De La República”., Jancarlos Jair Vega Lugo Jancarlos Vega

Jancarlos Jair Vega Lugo

No abstract provided.

El Product Placement Al Descubierto. Los Actos De Competencia Desleal Y El Uso De Marca En El Guión O Secuencias De Películas, Series De Televisión Y Programas, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Surveillant And Counselor: A Reorientation In Compliance For Financial Firms, James A. Fanto

James A. Fanto

This Article argues that the compliance officer should play a major role in the ongoing reform of financial firms because compliance is now well established and accepted and compliance officers are close to decision-making at all levels of a firm. The contention is that the role of compliance must be rethought and reoriented if it is to contribute fully to the reform. Compliance officers now ensure that the firms and their employees comply with the numerous laws and regulations governing them and their activities, primarily by producing detailed compliance procedures and policies and then revising, and monitoring compliance with, them. …

Responsabilidad Civil, Libertad De Procreación Y Derecho De Nacer Sano, Leysser L. Leon

Leysser L. León

El autor analiza críticamente la acaso primera sentencia de la administración de justicia peruana en un caso de responsabilidad civil por "wrongful life". En particular, ante la desestimación ligera de las pretensiones, se cuestiona la ausencia de un fundamento técnico frente a la temática de derechos de la personalidad, tutela resarcitoria y remedios contractuales vinculados con la controversia específica (demanda de resarcimiento formulada por una persona que padece osteogénesis imperfecta).

Le Sezioni Unite Si Pronunciano Sugli Effetti Processuali Dell’Estinzione Della Società: Una Soluzione Convincente?, Francesco Tedioli

Francesco Tedioli

Cancellazione delle società dal registro delle imprese e successione nel processo pendente

Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell

Koritha Mitchell

The more I learn about the violence currently plaguing LGBT communities, the more it reminds me of the brutal practice of lynching, which has been the focus my research for the past 15 years. Ultimately, both forms of violence are designed to deny targeted groups recognition as citizens. Relying on my expertise regarding racial violence as well as the data on anti-LGBT attacks collected by the National Coalition of Anti-Violence Programs (NCAVP), this essay notes similarities between lynching at the last turn of the century and anti-LGBT violence today. The piece identifies five parallels: 1) the mundane quality of the …

All (Food) Politics Is Local: Increasing Food Access Through Local Government Action, Emily M. Broad Leib

Emily M. Broad Leib

No abstract provided.