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2015

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Institution
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Articles 1 - 30 of 4723

Full-Text Articles in Law

The Progressives: Economics, Science, And Race, Herbert J. Hovenkamp Dec 2015

The Progressives: Economics, Science, And Race, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This essay is a brief review of Thomas C. Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (Princeton Univ. Press 2016).


Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount Dec 2015

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount

Faculty Publications

Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets ...


Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar Dec 2015

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.


Designing A 21st Century Corporate Tax -- An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Dec 2015

Designing A 21st Century Corporate Tax -- An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This article continues our exploration of second best international tax reforms that would protect the U.S. corporate tax base and have some likelihood of adoption. In this case, we consider how a U.S. minimum tax on foreign income earned by a controlled foreign corporation should be designed to protect the United States against erosion of its corporate income tax base and to combat tax competition by low-tax intermediary countries. In the authors’ view, a minimum tax should be an interim levy that preserves the residual ...


Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies Dec 2015

Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt Dec 2015

Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca Dec 2015

Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca

Nevada Supreme Court Summaries

The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.


Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad Dec 2015

Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad

Nevada Supreme Court Summaries

Real parties in interest, Hurst and Abbington sought and obtained a pretrial order from the district court barring petitioners, Dr. Piroozi and Dr. Blahnik, from arguing comparative fault of settled defendants at trial and including those defendants’ names on the verdict forms. In granting the Writ of Mandamus filed by the petitioners, the Supreme Court of Nevada resolved a conflict between NRS 41.141(3) and NRS 41A.045, holding that NRS 41A.045 preempts NRS 41.141(3) and entitles a defendant to argue the percentage of fault of settled defendants at trial and to include the settled defendant ...


Fergason V. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015), Lena Rieke Dec 2015

Fergason V. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015), Lena Rieke

Nevada Supreme Court Summaries

The Court determined (1) the district court erred in granting summary judgment to the State because the State failed to present evidence demonstrating no genuine issue of material fact existed as to whether the funds it seized from petitioner’s bank accounts were subject to forfeiture as proceeds attributable to the petitioner’s commission of a felony; (2) the State’s forfeiture of funds seized from a bank account will not stand without evidence connecting the funds to criminal activity; and (3) NRS § 179.1173(4) requires the State to prove by clear and convincing evidence the property is subject ...


Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich Dec 2015

Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich

Nevada Supreme Court Summaries

The Court considered an appeal from a district court conviction. The Court reversed the Eighth Judicial District Court’s judgment of conviction, pursuant to a jury verdict of burglary and grand larceny. The juvenile court retains jurisdiction over Barber because the legislation did not include language regarding jurisdiction stripping or dismissal requirements. However, the Court reversed the judgment because the prosecution presented insufficient evidence to support Barber’s conviction.


Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey Dec 2015

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey

Nevada Supreme Court Summaries

The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.


State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow Dec 2015

State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.


Laguna Beach Pd Policy Manual Dec 2015

Laguna Beach Pd Policy Manual

Subfederal Government Responses

No abstract provided.


What Does Recent Neuroscience Tell Us About Criminal Responsibility?, Uri Maoz, Gideon Yaffe Dec 2015

What Does Recent Neuroscience Tell Us About Criminal Responsibility?, Uri Maoz, Gideon Yaffe

Psychology Faculty Articles and Research

A defendant is criminally responsible for his action only if he is shown to have engaged in a guilty act—actus reus (eg for larceny, voluntarily taking someone else’s property without permission)—while possessing a guilty mind—mens rea (eg knowing that he had taken someone else’s property without permission, intending not to return it)—and lacking affirmative defenses (eg the insanity defense or self-defense). We therefore first review neuroscientific studies that bear on the nature of voluntary action, and so could, potentially, tell us something of importance about the actus reus of crimes.Then we look at ...


Trending @ Rwu Law: 12/29/2015: Dean Yelnosky's Post: Fourteen Weeks, Michael Yelnosky Dec 2015

Trending @ Rwu Law: 12/29/2015: Dean Yelnosky's Post: Fourteen Weeks, Michael Yelnosky

Law School Blogs

No abstract provided.


5 Legal Developments You May Have Missed In 2015, Donald Roth Dec 2015

5 Legal Developments You May Have Missed In 2015, Donald Roth

Faculty Work Comprehensive List

Posting summarizing important, but less headline-making, developments in American law during the past year from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/5-legal-developments-you-may-have-missed-in-2015/


Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law Dec 2015

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements


Kings County, Et Al., Petitioners, V. Surface Transportation Board And United States Of America, Et Al., Proposed Amicus Curiae Brief Of Center For Biological Diversity In Support Of Neither Party For Abstention Or Reversal Of The Surface Transportation Board’S Decision, Helen H. Kang, Et Al. Dec 2015

Kings County, Et Al., Petitioners, V. Surface Transportation Board And United States Of America, Et Al., Proposed Amicus Curiae Brief Of Center For Biological Diversity In Support Of Neither Party For Abstention Or Reversal Of The Surface Transportation Board’S Decision, Helen H. Kang, Et Al.

Publications

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 15-71780 KINGS COUNTY, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and UNITED STATES OF AMERICA, Respondents, and CALIFORNIA HIGH-SPEED RAIL AUTHORITY Intervenor and Respondent.

No. 15-72570 DIGNITY HEALTH, Petitioner, v. SURFACE TRANSPORTATION BOARD and UNITED STATES OF AMERICA, Respondents, and CALIFORNIA HIGH-SPEED RAIL AUTHORITY Intervenor and Respondent. _______________________________________________________________ PROPOSED AMICUS CURIAE BRIEF OF CENTER FOR BIOLOGICAL DIVERSITY IN SUPPORT OF NEITHER PARTY FOR ABSTENTION OR REVERSAL OF THE SURFACE TRANSPORTATION BOARD’S DECISION


In Re P.S., 131 Nev. Adv. Op. 95 (Dec. 24, 2015), Rob Schmidt Dec 2015

In Re P.S., 131 Nev. Adv. Op. 95 (Dec. 24, 2015), Rob Schmidt

Nevada Supreme Court Summaries

The Supreme Court of Nevada held that under NRS § 62B.030 the district court has discretion over whether to conduct a hearing de novo after reviewing the recommendations of a master of the juvenile court when timely requested.


Moultrie V. State, 131 Nev. Adv. Op. 93 (Dec. 24, 2015), Cassandra Ramey Dec 2015

Moultrie V. State, 131 Nev. Adv. Op. 93 (Dec. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court of Appeals determined that the district court did not abuse its discretion by allowing the State to file an information by affidavit more than 15 days after the preliminary examination concluded, when the justice court committed an “egregious error,” and “the defendant was discharged but not prejudiced by the delay.” Further, the Court defines “egregious error” as when “a charge was erroneously dismissed or a defendant was erroneously discharged based on a magistrate’s error.” Due to the justice court’s egregious errors in the preliminary examination that resulted in appellant’s discharge, the Court found that the ...


Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp Dec 2015

Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp

Nevada Supreme Court Summaries

The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.


Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith Dec 2015

Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith

Nevada Supreme Court Summaries

The holding of State v. Weddell is extended. Responding with deadly force to the commission of a felony per NRS § 200.160 is justified only when the person poses a threat of serious bodily injury. Short of such a threat, the amount of force used must be reasonable and necessary under the circumstances.


Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman Dec 2015

Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman

Popular Media

No abstract provided.


Is Originalism Our Law?, William Baude Dec 2015

Is Originalism Our Law?, William Baude

Public Law and Legal Theory Working Papers

No abstract provided.


Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha Dec 2015

Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha

Environmental Studies Faculty Publications

A considerable number of quantitative analyses have been conducted in the past several decades that demonstrate the existence of racial and socioeconomic disparities in the distribution of a wide variety of environmental hazards. The vast majority of these have been cross-sectional, snapshot studies employing data on hazardous facilities and population characteristics at only one point in time. Although some limited hypotheses can be tested with cross-sectional data, fully understanding how present-day disparities come about requires longitudinal analyses that examine the demographic characteristics of sites at the time of facility siting and track demographic changes after siting. Relatively few such studies ...


Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law Dec 2015

Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: Why I Tweet Every Day, Michael Yelnosky Dec 2015

Trending @ Rwu Law: Dean Yelnosky's Post: Why I Tweet Every Day, Michael Yelnosky

Law School Blogs

No abstract provided.


Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib Dec 2015

Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib

Public Law and Legal Theory Working Papers

No abstract provided.


How The Massachusetts Supreme Judicial Court Should Interpret Wynne, Michael S. Knoll, Ruth Mason Dec 2015

How The Massachusetts Supreme Judicial Court Should Interpret Wynne, Michael S. Knoll, Ruth Mason

Faculty Scholarship at Penn Law

In this special report, Knoll and Mason discuss how the Massachusetts Supreme Judicial Court should apply Wynne when it hears on remand First Marblehead v. Commissioner of Revenue. The authors conclude that when it originally heard the case, the Massachusetts court mistakenly considered, as part of its internal consistency analysis, whether Gate Holdings Inc. experienced double state taxation. As developed by the U.S. Supreme Court and most recently applied in Wynne, the internal consistency test is not concerned with actual double taxation that may arise from the interaction of different states’ laws. Rather, the test is designed to determine ...


Demonizing Muslims Only Benefits Is, Jennifer Moore Dec 2015

Demonizing Muslims Only Benefits Is, Jennifer Moore

Faculty Scholarship

It is wrong to marginalize Muslims in part because such attitudes intensify the very dangers they purport to alleviate. Simply put, Islamophobia feeds ISIS-inspired terrorism.