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Full-Text Articles in Law

Forfeiture Policy In The United States: Is There Hope For Reform, David Pimentel Jan 2018

Forfeiture Policy In The United States: Is There Hope For Reform, David Pimentel

Articles

No abstract provided.


The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz Jan 2018

The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz

Articles

This Note presents a narrative on and the history of transgender bathroom rights in this country, beginning with the reasoning for a two-bathroom society and the development of “bathroom laws”. The development of the two-bathroom society is intertwined with and rooted in beliefs that have remained prevalent since the Victorian Era, ideas about core differences between men and women, and how best to protect the virtues of women. In order to weave this narrative, this Note focuses particularly on current cases that are making their way through our Courts: the stories of Gavin Grimm and Coy Mathis, whose battles are ...


Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, June Carbone, Nancy Levit, Naomi Cahn Jan 2018

Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, June Carbone, Nancy Levit, Naomi Cahn

Articles

No abstract provided.


Patent Damages Heuristics, Tom Cotter Jan 2018

Patent Damages Heuristics, Tom Cotter

Articles

No abstract provided.


A Consumer’S Guide To Sentencing Reform: Reflections On Zimring’S Cautionary Tale, Richard Frase Jan 2018

A Consumer’S Guide To Sentencing Reform: Reflections On Zimring’S Cautionary Tale, Richard Frase

Articles

No abstract provided.


Symbolism And Separation Of Powers In Agency Design, Kristin Hickman Jan 2018

Symbolism And Separation Of Powers In Agency Design, Kristin Hickman

Articles

No abstract provided.


Cheap Sentiment, Claire Hill Jan 2018

Cheap Sentiment, Claire Hill

Articles

No abstract provided.


An Identity Theory Of The Short- And Long-Term Investor Debate, Claire Hill Jan 2018

An Identity Theory Of The Short- And Long-Term Investor Debate, Claire Hill

Articles

No abstract provided.


Public Employee Speech And Magarian’S Dynamic Diversity, Heidi Kitrosser Jan 2018

Public Employee Speech And Magarian’S Dynamic Diversity, Heidi Kitrosser

Articles

No abstract provided.


Judicial Elections In The 2010s, Herbert M. Kritzer Jan 2018

Judicial Elections In The 2010s, Herbert M. Kritzer

Articles

No abstract provided.


Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell Jan 2018

Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell

Articles

No abstract provided.


The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil Jan 2018

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

Articles

No abstract provided.


How Is Competition Policy Coping With Atlantic Area Airline Markets?, Daniel Gifford, Robert T. Kudrle Jan 2018

How Is Competition Policy Coping With Atlantic Area Airline Markets?, Daniel Gifford, Robert T. Kudrle

Articles

No abstract provided.


A New Historical Jurisprudence?, Brian Bix Jan 2018

A New Historical Jurisprudence?, Brian Bix

Articles

No abstract provided.


Profit-Split Method: Time For Countries To Apply A Standardized Approach, Jeffery M. Kadet, Tommaso Faccio, Sol Picciotto Jan 2018

Profit-Split Method: Time For Countries To Apply A Standardized Approach, Jeffery M. Kadet, Tommaso Faccio, Sol Picciotto

Articles

Now that the OECD has issued its final guidance on the action 10 profit-split method, individual countries must determine how they might consider and apply the profit-split method.

It’s true that some countries have large and well-staffed transfer pricing audit groups that include economists and other tax professionals knowledgeable in the application of transfer pricing principles and rules. However, those resources are never enough to match the legions of specialists that can be deployed by large multinational groups.

The situation is even worse elsewhere. Most countries not only have significant resource and personnel constraints, but they also simply do ...


Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber Jan 2018

Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws ...


“And Yet It Moves”—The First Amendment And Certainty, Ronald K.L. Collins Jan 2018

“And Yet It Moves”—The First Amendment And Certainty, Ronald K.L. Collins

Articles

Surprisingly few, if any, works on the First Amendment have explored the relation between free speech and certainty. The same holds true for decisional law. While this relationship is inherent in much free speech theory and doctrine, its treatment has nonetheless been rather opaque. In what follows, the author teases out— philosophically, textually, and operationally—the significance of that relationship and what it means for our First Amendment jurisprudence. In the process, he examines how the First Amendment operates to counter claims of certainty and likewise how it is employed to demand a degree of certainty from those who wish ...


Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin Jan 2018

Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin

Articles

This article explains how foreign-trained and international graduate students can use a thesis development template to find and articulate narrow, novel, non-obvious, and useful claims for their final, academic papers in law. These students, in particular, are in need of clear direction and methods for crafting well-developed claims (or thesis statements), given that many are non-native speakers of English who trained in different legal and educational systems with different expectations about what constitutes good academic writing—in any genre, let alone law. Through the use of a thesis development template (adapted from writing advice by Joseph M. Williams and Eugene ...


Letter From Jeffery M. Kadet And David L. Koontz To The Internal Revenue Serv. (June 5, 2018) On Notice 2018-43, 2018-2019 Priority Guidance Plan Regulatory And Ruling Guidance Concerning Various International Tax Issues, Jeffery M. Kadet, David L. Koontz Jan 2018

Letter From Jeffery M. Kadet And David L. Koontz To The Internal Revenue Serv. (June 5, 2018) On Notice 2018-43, 2018-2019 Priority Guidance Plan Regulatory And Ruling Guidance Concerning Various International Tax Issues, Jeffery M. Kadet, David L. Koontz

Articles

A principal focus of our suggestions is the modernization and updating of regulations as well as providing guidance that will affect the many multinational corporations (MNCs) whose operations take place partially or wholly within the U.S. Many of these MNCs have embarked on complicated and legalistic schemes whose primary purpose is to shift profits without any real operational changes and to record those profits within zero- and low-taxed foreign members. Importantly, this includes not only U.S.-based MNCs, but also the many inverted MNCs that structured their inversions to remain untouched by the §7874 anti-inversion rules.


Amending Codes Of Judicial Conduct To Impose Campaign Contribution And Expenditure Limits On Judicial Campaigns, Hugh D. Spitzer, Philip A. Talmadge Jan 2018

Amending Codes Of Judicial Conduct To Impose Campaign Contribution And Expenditure Limits On Judicial Campaigns, Hugh D. Spitzer, Philip A. Talmadge

Articles

Every judicial campaign year, millions of dollars pour into individual court races around the country. The bulk of that money is donated by lawyers, businesses, and others with financial interests in how judges, especially appellate judges, decide cases. United States Supreme Court rulings on political contributions and spending have hamstrung the ability of states to control larges-cale expenditures in judicial races. This essay reviews empirical research by political scientists who have documented the effect of large campaign donations on how judges decide cases and on the public's perception of court impartiality. It describes how legislatures and courts have addressed ...


Sourcing Rule Change: Manufacturing And Competitiveness, Jeffery M. Kadet Jan 2018

Sourcing Rule Change: Manufacturing And Competitiveness, Jeffery M. Kadet

Articles

In this article, Kadet explains how the Tax Cuts and Jobs Act favors foreign-based manufacturers selling through a U.S. sales branch over comparable U.S. manufacturers, and he recommends legislative fixes.


Investors' Paradox, Anita K. Krug Jan 2018

Investors' Paradox, Anita K. Krug

Articles

For the first time in an era, new investment products for smaller ("retail ") investors are emerging. These products are mutual funds that engage in the types of trading and investment activities that have long been the province of sophisticated investors. Accordingly, the new funds (called "alternative funds") promise to reduce the gulf between retail investors and their sophisticated counterparts, in terms of portfolio diversification and investment results.

This Article describes the complex mix of factors that spawned alternative funds and critically evaluates the funds' potential, the first scholarly work to do so. It additionally unearths the paradox that impedes the ...


Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts Jan 2018

Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts

Articles

Visual politics are seeping into the technocracy. Rulemaking stakeholders—including agencies, the President, and members of the public—are deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. These images, GIFs, and videos usually do not make it into the official rulemaking record, so this new “visual rulemaking” world has not been discussed much by scholars or others.

In this article, we explore the new visual rulemaking culture that emerged in Obama’s presidency, providing examples and discussing relevant policy implications. Although we recognize some risks, we argue that, on balance, visual ...


The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack Jan 2018

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

Articles

No abstract provided.


The Flipside Of Michigan V. Epa: Are Cumulative Impacts Centrally Relevant?, Sanne H. Knudsen Jan 2018

The Flipside Of Michigan V. Epa: Are Cumulative Impacts Centrally Relevant?, Sanne H. Knudsen

Articles

This Article explores the flipside of Michigan--where the Court's logic can just as well support agencies in their public health and environmental protection efforts. In particular, taking Michigan as a blueprint, this Article argues that cumulative impacts are centrally relevant to environmental regulation and--like cost--deserve a systemic and meaningful role in agency decisionmaking, including in the threshold decision of when to regulate.

In doing so, this Article serves as a counterbalance to the weight of cost benefit rhetoric that would reduce environmental law off to a line item in a strained budget. In support of that thesis, this ...


Is The License Still The Product?, Robert W. Gomulkiewicz Jan 2018

Is The License Still The Product?, Robert W. Gomulkiewicz

Articles

The Supreme Court rejected the use of patent law to enforce conditional sales contracts in Impression Products v. Lexmark. The case appears to be just another step in the Supreme Court’s ongoing campaign to reset the Federal Circuit’s patent law jurisprudence. However, the decision casts a shadow on cases from all federal circuits that have enforced software licenses for more than 20 years and potentially imperils the business models on which software developers rely to create innovative products and to bring those products to market in a variety of useful ways.

For over two decades, we could say ...


Protecting Offshore Areas From Oil And Gas Leasing: Presidential Authority Under The Outer Continental Shelf Lands Act And The Antiquities Act, Robert T. Anderson Jan 2018

Protecting Offshore Areas From Oil And Gas Leasing: Presidential Authority Under The Outer Continental Shelf Lands Act And The Antiquities Act, Robert T. Anderson

Articles

For over one hundred years, presidents of both parties have used executive power to protect America’s lands and waters. Until the second half of the twentieth century, however, little attention was given to protecting the marine ecosystem. Federal authority reaches out to two hundred miles or more in the oceans off the United States, covering an area known as the Outer Continental Shelf. Federal interest in the area historically focused on developing oil and gas reserves and ensuring that the area was open to trade and commerce. The area is also very important for indigenous subsistence uses and commercial ...


International Lobbying Law, Melissa J. Durkee Jan 2018

International Lobbying Law, Melissa J. Durkee

Articles

An idiosyncratic array of international rules allows “consultants” to gain special access to international officials and lawmakers. Historically, many of these consultants were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: Many of these international consultants are now industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their corporate clients ...


A Long-Standing Debate: Reflections On Risk And Anxiety: A Theory Of Data Breach Harms By Daniel Solove And Danielle Keats Citron, Ryan Calo Jan 2018

A Long-Standing Debate: Reflections On Risk And Anxiety: A Theory Of Data Breach Harms By Daniel Solove And Danielle Keats Citron, Ryan Calo

Articles

This jointly-authored Article contributes mightily to our understanding of a critical aspect of privacy: harm. As Professors Solove and Citron carefully evidence, courts are reticent to countenance the harms that flow from a violation of privacy, even as they compensate similar harms in other contexts. Thus while exposing a plaintiff to an environmental or health risk may be compensable, few decisions vindicate victims of a data breach unless or until they experience actual identity theft. Courts have recognized subjective harms such as fear since the night W de S threw his fateful axe at M de S. But courts seldom ...


Effects Of The New Sourcing Rule: Eci And Profit Sharing, David L. Koontz, Jeffery M. Kadet Jan 2018

Effects Of The New Sourcing Rule: Eci And Profit Sharing, David L. Koontz, Jeffery M. Kadet

Articles

For the first time in eons, Congress has seen fit to change a basic rule for the sourcing of income. The Tax Cuts and Jobs Act (P.L. 115-97) minced few words in its addition of a single sentence to section 863(b) that applies to sales or exchanges of inventory property (1) produced in whole or in part by the taxpayer in one country, and (2) sold or exchanged in another country. The United States can either be the country where the inventory property is produced or the country where it is sold.

With this change, income from the ...