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Full-Text Articles in Law
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Faculty Publications
This article explores whether exceptions from Asset-capitalization and rational tax depreciation rates are justified to reflect the realities of today's segmentation of the innovation market. The authors argue that the federal tax subsidy for innovation should not be limited to initial research, but should be expanded to cover desirable acquisitions in order to achieve optimal innovation outcomes and enhanced economic growth.
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith
Faculty Publications
Twelve years ago in Jaffee v. Redmond, 518 U.S. 1 (1996), the United States Supreme Court first recognized a federal common law psychotherapist-patient privilege and held that federal courts must protect confidential communications arising in psychotherapy despite the "likely evidentiary benefit" of such communications. This article examines the sharply conflicting authority in the federal courts that has developed since that landmark decision on the question of whether a plaintiff to a civil lawsuit waives the psychotherapist-patient privilege merely by seeking emotional distress damages. The federal courts' inconsistent and unprincipled approaches to this question renders the privilege itself nearly illusory and …
Freedom And Servitude In The Public Order Of The Oceans: A Review Of Navigational Servitudes: Sources, Applications, Paradigms By Ralph J. Gillis, Charles H. Norchi
Freedom And Servitude In The Public Order Of The Oceans: A Review Of Navigational Servitudes: Sources, Applications, Paradigms By Ralph J. Gillis, Charles H. Norchi
Faculty Publications
A review of a work on navigation as a public right by Ralph J. Gillis.
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
Faculty Publications
The fundamental question here is how to bring a population from a condition of hopelessness to one of self-governance, sustainable growth, and viable participation in the world community. The aim of this Symposium is to stimulate thinking about those questions by exploring whether there is a discernible legal architecture of nation-building.
A Study Of Consumers' Post Discharge Finances: Struggle, Stasis, Or Fresh Start?, Lois R. Lupica, Jay L. Zagorsky Ph.D.
A Study Of Consumers' Post Discharge Finances: Struggle, Stasis, Or Fresh Start?, Lois R. Lupica, Jay L. Zagorsky Ph.D.
Faculty Publications
The postwar U.S. has experienced an extremely sharp rise in consumer bankruptcies. What happens to these consumers financially after filing for bankruptcy? Do filers catch up with their non-filing peers, stay a constant distance behind or fall further behind over time? This question is investigated empirically using a new set of financial and bankruptcy data obtained from a large national random survey of bankruptcy filers and non-filers. Along some simple financial dimensions, such as car ownership, bankruptcy filers are not disadvantaged compared to non-filers. Along more complex indicators, such as total income and net worth, filers catch up over time …