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Series

Faculty Scholarship

2010

Discipline
Institution
Keyword

Articles 1 - 30 of 695

Full-Text Articles in Law

Regulating Compensation, A. Christine Hurt Dec 2010

Regulating Compensation, A. Christine Hurt

Faculty Scholarship

No abstract provided.


The Windfall Myth, A. Christine Hurt Dec 2010

The Windfall Myth, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni Dec 2010

Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Tax expenditure analysis (TEA) requires a baseline for identifying tax provisions that provide subsidies or incentives instead of serving to define the tax base and to implement the tax. With respect to the federal income tax, the baseline historically has been the Schanz-Haig-Simons (SHS) definition of income with a few modifications. Critics have continuously and strongly attacked TEA by characterizing the SHS baseline as unprincipled, imprecise, and insufficiently related to our hybrid income/consumption tax system as it actually exists. Since the baseline is hopelessly defective, so the critics argue, TEA is fatally dysfunctional and the results of its application ...


All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen Dec 2010

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the ...


Judicial System Rises To Challenges Of Times, Kevin Washburn Dec 2010

Judicial System Rises To Challenges Of Times, Kevin Washburn

Faculty Scholarship

No abstract provided.


The Distortionary Effect Of Evidence On Primary Behavior, Alex Stein, Gideon Parchomovsky Dec 2010

The Distortionary Effect Of Evidence On Primary Behavior, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.


Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels Dec 2010

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels

Faculty Scholarship

No abstract provided.


Sonia, What’S A Nice Person Like You Doing In Company Like That, Thomas D. Rowe Jr. Dec 2010

Sonia, What’S A Nice Person Like You Doing In Company Like That, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Mainstreaming Privacy Torts, Danielle K. Citron Dec 2010

Mainstreaming Privacy Torts, Danielle K. Citron

Faculty Scholarship

In 1890, Samuel Warren and Louis Brandeis proposed a privacy tort and seventy years later, William Prosser conceived it as four wrongs. In both eras, privacy invasions primarily caused psychic and reputational wounds of a particular sort. Courts insisted upon significant proof due to those injuries’ alleged ethereal nature. Digital networks alter this calculus by exacerbating the injuries inflicted. Because humiliating personal information posted online has no expiration date, neither does individual suffering. Leaking databases of personal information and postings that encourage assaults invade privacy in ways that exact significant financial and physical harm. This dispels concerns that plaintiffs might ...


A Furious Kinship: Critical Race Theory And The Hip Hop Nation, André Douglas Pond Cummings Nov 2010

A Furious Kinship: Critical Race Theory And The Hip Hop Nation, André Douglas Pond Cummings

Faculty Scholarship

Two explosive movements were born in the United States in the 1970s. While the founding of both movements was humble and lightly noticed, both grew to become global phenomena that have profoundly changed the world. Founded by prescient agitators, these two movements were borne of disaffect, disappointment, and near desperation - a desperate need to give voice to oppressed and dispossessed peoples. America in the 1970s bore witness to the founding of two furious movements: Critical Race Theory and Hip Hop.

Critical Race Theory was founded as a response to what had been deemed a sputtering civil rights agenda in the ...


President's Missed Chance With Sikhs, Dawinder S. Sidhu Nov 2010

President's Missed Chance With Sikhs, Dawinder S. Sidhu

Faculty Scholarship

Decision to skip temple visit made out of fear, expediency


Attaching People To Their Problems: Eliminating Passive Voice And Vague -"Ing" Words From Your Writing, Tenielle Fordyce-Ruff Nov 2010

Attaching People To Their Problems: Eliminating Passive Voice And Vague -"Ing" Words From Your Writing, Tenielle Fordyce-Ruff

Faculty Scholarship

Legal writers often unknowingly use the passive voice or vague –“ing” words to create detachment. The problem with this is threefold: it leaves the reader wondering who is doing what, it’s boring, and it’s confusing. Fortunately, getting rid of detachment in your writing is easy if you identify and eliminate passive voice and vague –“ing” words. [excerpt]


Strategic Enforcement, Alex Stein, Margaret H. Lemos Nov 2010

Strategic Enforcement, Alex Stein, Margaret H. Lemos

Faculty Scholarship

No abstract provided.


Alternative Burdens On Freedom Of Conscience, Adam Kolber Nov 2010

Alternative Burdens On Freedom Of Conscience, Adam Kolber

Faculty Scholarship

No abstract provided.


Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski Nov 2010

Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski

Faculty Scholarship

No abstract provided.


Resolving The Dilemma Of Non-Justiciable Causation In Failure To Warn Litigation, Aaron D. Twerski, Neil B. Cohen Nov 2010

Resolving The Dilemma Of Non-Justiciable Causation In Failure To Warn Litigation, Aaron D. Twerski, Neil B. Cohen

Faculty Scholarship

No abstract provided.


'A Considerable Surgical Operation: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin Collins Nov 2010

'A Considerable Surgical Operation: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin Collins

Faculty Scholarship

This Article examines the history of judge-made law in the federal courts through the lens of the early-nineteenth-century federal courts’ equity powers. In a series of equity cases, and in the Federal Equity Rules promulgated by the Court in 1822 and 1842, the Supreme Court vehemently insisted that lower federal courts employ a uniform corpus of nonstate equity principles with respect to procedure, remedies, and - in certain instances - primary rights and liabilities. Careful attention to the historical sources suggests that the uniform equity doctrine was not simply the product of an overreaching, consolidationist Supreme Court, but is best understood in ...


The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla Oct 2010

The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla

Faculty Scholarship

No abstract provided.


Further Empirical Insights And Findings On The Eighth Circuit, Robert E. Steinbuch Oct 2010

Further Empirical Insights And Findings On The Eighth Circuit, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


Unscrambling The Confusion: Applying The Correct Standard Of Review For Rape-Shield Evidentiary Rulings, Robert E. Steinbuch Oct 2010

Unscrambling The Confusion: Applying The Correct Standard Of Review For Rape-Shield Evidentiary Rulings, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray Oct 2010

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

Faculty Scholarship

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should ...


Is Our Economy Safe? A Proposal For Assessing The Success Of Swaps Regulation Under The Dodd-Frank Act, Michael Greenberger Oct 2010

Is Our Economy Safe? A Proposal For Assessing The Success Of Swaps Regulation Under The Dodd-Frank Act, Michael Greenberger

Faculty Scholarship

On July 21, 2010, President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act into law. The central goal of the Dodd-Frank Act is to ensure that all standardized derivates products are regulated. The Act requires these trades be fully transparent and backed by adequate capital. The central question for evaluating the success of the Dodd-Frank Act is simple but profound: Has the Dodd-Frank Act made the economy any safer from the threat of another economic meltdown? This paper introduces a number of metrics that can be used to assess the success of the Dodd-Frank Act.


The Costs Of Liquidity Enhancement: Transparency, Risk Alteration And Coordination Problems, Edward J. Janger Oct 2010

The Costs Of Liquidity Enhancement: Transparency, Risk Alteration And Coordination Problems, Edward J. Janger

Faculty Scholarship

No abstract provided.


Reaching Equilibrium In Tobacco Litigation, Aaron D. Twerski, James A. Henderson, Jr. Oct 2010

Reaching Equilibrium In Tobacco Litigation, Aaron D. Twerski, James A. Henderson, Jr.

Faculty Scholarship

No abstract provided.


Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger Oct 2010

Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger

Faculty Scholarship

No abstract provided.


A Small Nation Goes To War: Israel's Cabinet Authorization Of The 1956 War, Pnina Lahav Oct 2010

A Small Nation Goes To War: Israel's Cabinet Authorization Of The 1956 War, Pnina Lahav

Faculty Scholarship

The Suez War had long term ramifications for Israel's status in the Middle East and for its relations with the U.S., Europe, and the USSR. This article is a first segment in the examination of the interplay between military and diplomatic means deployed by Israel in its quest to consolidate the gains of the 1948 war and secure its sovereignty. It provides a detailed analysis of the Israeli cabinet deliberations as it reached the decision to authorize war. The article examines the cabinet's opinions on the language of the motion to go to war, the list of ...


The Law And Economics Of Executive Compensation: Theory And Evidence, David Walker Oct 2010

The Law And Economics Of Executive Compensation: Theory And Evidence, David Walker

Faculty Scholarship

This chapter from Research Handbook on the Economics of Corporate Law (Claire Hill & Brett McDonnell, eds.) provides an overview of the economic theory and evidence regarding public company executive compensation. It is intended to provide the reader with an entryway into the literature on a select group of topics. Priority has been afforded to the most central issues in executive pay, to issues that implicate law more or less directly, and to issues that have been the primary focus of research in the last decade.


Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, James Wilets Sep 2010

Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, James Wilets

Faculty Scholarship

There has been extensive jurisprudential literature positing that the structure, values and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male-centered." This "male-female" construct suggests that there is an essential dichotomy between the two genders with respect to resolving disputes that is reflected in the legal system, and that this male-female dichotomy is harmful to all participants and perhaps to justice itself.

This article expands upon this literature by arguing that many of the dysfunctional characteristics of the American legal system labeled "male" in ...


Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz Sep 2010

Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz

Faculty Scholarship

Most scholars of constitutional law and history equate American constitutionalism with the Federal constitution. This spotlight on the Federal constitution rests on a series of modern assumptions that elevate the status of the Federal constitution over the rich history of state constitutions, and inevitably neglect the central constitutional tenet of the American Revolution - the sovereignty of the people. Viewing American constitutionalism from the perspective of the constitutional legacy of the Revolution suggests a modified paradigm in which state constitutions play a critical role in our understanding the full meaning of American constitutionalism. The idea of a collective sovereign introduced a ...


1,000% Interest- Good While Supplies Last: A Study Of Payday Loan Practices And Solutions, Nathalie Martin Sep 2010

1,000% Interest- Good While Supplies Last: A Study Of Payday Loan Practices And Solutions, Nathalie Martin

Faculty Scholarship

Would you pay 1000 dollars in fees to borrow 100 dollars for a period of twenty weeks? Is it possible that such a loan is even legal? Welcome to the world of payday lending, one of the fastest growing segments of the consumer credit industry. This Article describes the practices of payday loan companies and then discusses some states failed attempts to institute regulation. These legislative efforts frequently fail because crafty lenders quickly adapt to new legislation by finding loopholes that undermine any consumer protection provided by the new regulatory laws. This Article also reports on an empirical study of ...