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Articles 1 - 8 of 8
Full-Text Articles in Law
Diagnosing Liability : The Legal History Of Posttraumatic Stress Disorder, Deirdre M. Smith
Diagnosing Liability : The Legal History Of Posttraumatic Stress Disorder, Deirdre M. Smith
Faculty Publications
This Article examines the origins of the unique relationship between the psychiatric diagnosis Posttraumatic Stress Disorder (PTSD) and the law and considers the implications of that relationship for contemporary uses of the diagnosis in legal settings. PTSD stands apart from all other diagnoses in psychiatry 's standard classification system, the Diagnostic and Statistical Manual of Mental Disorders (DSM} , and is the focus of significant controversy within psychiatry, because its diagnostic criteria require a determination of causation. By diagnosing a person with PTSD, a clinician necessarily assigns responsibility to a specific event or agent for causing the person 's symptoms, …
The Unequal Tax Treatment Of Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine
The Unequal Tax Treatment Of Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine
Faculty Publications
The tax treatment of intellectual property receives surprisingly little attention despite intellectual property's important role in the economy. In this article, Maine and Nguyen evaluate the fairness of the intellectual property tax system, identifying differences in the tax treatment of what appear to be similar transactions.
An Evolving Foreclosure Landscape: The Ibanez Case And Beyond, Peter R. Pitegoff, Laura S. Underkuffler
An Evolving Foreclosure Landscape: The Ibanez Case And Beyond, Peter R. Pitegoff, Laura S. Underkuffler
Faculty Publications
Mortgage securitization, subprime lending, a persistently weak housing market, and an explosion of residential mortgage defaults – today’s homeowners and banks face a new and challenging landscape. Recently, courts in several states have issued decisions that alter the terrain for mortgage foreclosures. In Massachusetts, New Jersey, and New York, among other states, courts have dismissed foreclosure actions on the basis of what might seem to be highly technical deficiencies in the pleading or proof. The most well-known–and controversial–in this cluster of cases is U.S. Bank National Ass’n v. Ibanez, decided by the Supreme Judicial Court of Massachusetts this year. In …
The Fundamentals Of Wealth Transfer Tax Planning: 2011 And Beyond, John A. Miller, Jeffrey A. Maine
The Fundamentals Of Wealth Transfer Tax Planning: 2011 And Beyond, John A. Miller, Jeffrey A. Maine
Faculty Publications
This article discusses basic aspects of all three transfer taxes, with particular emphasis on the estate tax. This article then outlines fundamental estate planning techniques in light of the impact of these taxes. In addition, references are provided in the footnotes to more detailed treatments of the planning techniques described here.
Encouraging Private Investment In Energy Efficiency, Sarah B. Schindler
Encouraging Private Investment In Energy Efficiency, Sarah B. Schindler
Faculty Publications
Combating the negative effects of climate change requires finding ways to increase energy production while reducing energy demand. Every New England state has programs in place to encourage home and business owners to improve the energy efficiency of their buildings. Despite the clear fmancial benefits and environmental benefits that result from energy efficiency upgrades, most New Englanders have not taken advantage ofthe programs being offered by their states.
The History Of Intellectual Property Taxation: Promoting Innovation And Other Intellectual Property Goals?, Xuan-Thao Nguyen, Jeffrey A. Maine
The History Of Intellectual Property Taxation: Promoting Innovation And Other Intellectual Property Goals?, Xuan-Thao Nguyen, Jeffrey A. Maine
Faculty Publications
An important issue deserving scholarly attention concerns the proper role of the federal tax system in achieving intellectual property law's innovation objectives. The article traces the historic development of the specific tax rules governing intellectual property, identifies present areas of policy dissonance in the intersection of intellectual property and taxation, and calls for an appropriate legal framework for future intellectual property tax legislation.
Introduction: The Deepwater Horizon Incident, Charles H. Norchi
Introduction: The Deepwater Horizon Incident, Charles H. Norchi
Faculty Publications
In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
Faculty Publications
In the United States, judges are required to recuse themselves - that is, remove themselves from participating in a case - not only when they are biased, but even when they may appear biased to a neutral observer. This nominally strict, appearance-based recusal standard is intended to ensure the judge’s impartiality in resolving disputes, to protect the judiciary’s reputation, and to instill public confidence in the fairness of the courts. It has long been assumed that so long as the judge makes the correct recusal decision, the appearance of impartiality is restored and the reputation of the judiciary is protected. …