The National Labor Relations Board V. Northwestern University: Cultivating A New Era For Taxing Qualified Scholarships, 2016 North Carolina A & T State University
The National Labor Relations Board V. Northwestern University: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein
On March 26, 2014 the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players are employees of the institution and can unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision could redefine the principal that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding is whether the IRS can logically continue to treat qualified scholarships received by student-athletes as excludable from ...
Tactical Urbanism V2: Dynamic Land Use Regulation And Partnership Tools Regenerating First Suburbs, 2016 Arizona Summit Law School
Tactical Urbanism V2: Dynamic Land Use Regulation And Partnership Tools Regenerating First Suburbs, Michael N. Widener
Michael N Widener
Land use regulation typically is viewed as passive; projects proceed when criteria established under ordinances are satisfied, but are delayed or scuttled when parameters of codes are unmet. Insufficient attention is directed by local governments to the economic ramifications of those events. How ought land use regulators to act when their communities are economically deprived – or their employment opportunities have been compromised? The current employment and productivity perils of inner-ring suburbs, those often-dismissed earliest ‘outskirts’ of metropolitan areas, raise this question: Should expanding economic opportunity for every community citizen dominate conversations among zoning administrations? Too many first suburbs are in ...
Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After The U.S. Jobs Act, 2016 Institute of Law for Science & Technology, National Tsing Hua University
Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After The U.S. Jobs Act, Chang-Hsien Tsai
Chang-hsien (Robert) TSAI
Crowdfunding has caused a worldwide revolution in startup financing in recent years. Equity-based crowdfunding (“EC”) is still highly regulated in Taiwan, although it was authorized under Title III of the JOBS Act in the United States (the so-called “Crowdfund Act”) in 2012. Notably, in January 2014, Taiwan’s government created the “Go Incubation Board for Startup and Acceleration” (GISA), a government-sanctioned public EC platform run by a government-controlled foundation, the GreTai Securities Market (GTSM). Another breakthrough in Taiwan’s crowdfunding regulatory pattern at the end of April 2015 was the authorization of private portals to administer EC by promulgating the ...
Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, 2016 Queen's University - Belfast
Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, J Duffy, Subhajit Basu, G Davidson, K Pearson
Multi-disciplinary research project is commissioned by the Commissioner for Older People for Northern Ireland to provide a piece of research to review the current position in terms of policy guidance and law and practice in adult social care in Northern Ireland and to make suggestions, based in part on comparing with best practice in other jurisdictions, to the Commissioner, as to the best way to reform the legislation. The legislative review found: 1. Current legislation and policy guidance surrounding Adult Social Care is outdated, confusing and fragmented in Northern Ireland. Definitions and terminology used in the legislation need updated to ...
Extract From Heidi Kitrosser, Interpretive Modesty, Geo. L.J. (Forthcoming 2016), Citing Bailey-Tillman Exchange, 2016 National University of Ireland Maynooth, Department of Law
Extract From Heidi Kitrosser, Interpretive Modesty, Geo. L.J. (Forthcoming 2016), Citing Bailey-Tillman Exchange, Seth Barrett Tillman
Seth Barrett Tillman
Heidi Kitrosser, Interpretive Modesty, 104 Geo. L.J. (forthcoming 2016) (manuscript at 38 n.161), citing Bailey-Tillman exchange.
[13 May 2015]
Nonmoral Theoretical Disagreement In Law, 2016 Weitz & Luxenberg, P.C.
Nonmoral Theoretical Disagreement In Law, Alani Golanski
I agree with Dworkin that there is widespread theoretical disagreement in law. I hope to show, however, why this disagreement should not be seen as moral in nature. Legal philosophers have nearly always viewed the existence of theoretical disagreement in law as the indicium of moral dispute. If that is so, and if such disagreement is widespread, then this would be compelling evidence of law’s incorporation of moral standards. Thus, theoretical disagreement has posed a powerful challenge to the "positivist" approach, which claims that, for the most part, legality can be determined without resort to moral criteria.
This paper ...
What Notice Did, 2016 University of Michigan
What Notice Did, Jessica Litman
In this article, I explore the effect of the copyright notice prerequisite on the law's treatment of copyright ownership. The notice prerequisite, as construed by the courts, encouraged the development of legal doctrines that herded the ownership of copyrights into the hands of publishers and other intermediaries, notwithstanding statutory provisions that seem to have been designed at least in part to enable authors to keep their copyrights. Because copyright law required notice, other doctrinal developments were shaped by and distorted by that requirement. The promiscuous alienability of U.S. copyrights may itself have been an accidental development deriving from ...
Fourth Amendment Remedies As Rights: The Warrant Requirement, 2016 University of Maryland School of Law
Fourth Amendment Remedies As Rights: The Warrant Requirement, David C. Gray
David C. Gray
The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the Fourth Amendment support a warrant requirement. Also questioned is the warrant requirement’s ability to protect Fourth Amendment interests. Perhaps in response to these concerns, the Court has steadily degraded the warrant requirement through a series of widening exceptions. The result is an unsatisfying jurisprudence that fails on both conceptual and practical grounds.
These debates have gained new salience with the emergence of modern surveillance technologies such as stingrays, GPS tracking, drones, and Big Data. Although a majority of the ...
James Wilson And The Moral Foundations Of Popular Sovereignty, 2016 WIlliam S. Boyd School of Law, UNLV
James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum
Ian C Bartrum
This paper explores the moral philosophy underlying the constitutional doctrine of popular sovereignty. In particular, it focuses on the Scottish sentimentalism that informed James Wilson’s understanding of that doctrine. Wilson, a transplanted Scotsman, was perhaps the nation’s preeminent lawyer in the middle 1780s. He was one of the most important delegates to the Constitutional Convention, one of the nation’s first law professors, and served as Associate Justice on the first Supreme Court. In these capacities, he developed the most sophisticated and coherent account of popular sovereignty among the founding generation. My initial effort is to enrich our ...
Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, 2016 University of South Carolina - Columbia
Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney
Jeffrey K Gurney
Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.
This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms.
In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they ...
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, 2016 Streetwise and Safe
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.
Brendan M. Conner
The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...
Castles In The Sand: Engineering Insular Formations To Gain Legal Rights Over The Oceans, Joshua L. Root
Joshua L. Root
This article examines States' attempts to engineer rocks into islands proper, and low-tide elevations into islands for the purposes of gaining legal rights over the oceans. It pays particular attention to the South China Sea.
“Open Sesame”: The Myth Of Alibaba’S Extreme Corporate Control And Governance, 2016 City University of Hong Kong
“Open Sesame”: The Myth Of Alibaba’S Extreme Corporate Control And Governance, Yu-Hsin Lin, Thomas Mehaffy
Chinese Internet companies have flocked to U.S. exchanges to raise capital in recent years. These companies have employed a novel and poorly understood corporate ownership structure – the variable interest entity (VIE) and disproportional control structure. The VIE structure was created in response to the Chinese restriction on foreign investments; it carries the risk of being declared illegal under Chinese law. Around 30% of these companies adopted a dual-class share structure or other disproportional control-enhancing mechanism to enhance insider control. The percentage is much higher than that of U.S. public companies, which is about 6%.
This Article uses Alibaba ...
Disruptions’ Function: Defending (Some) Form Objections Under The Federal Rules Of Civil Procedure, 2016 United States District Court, Middle District of Louisiana
Disruptions’ Function: Defending (Some) Form Objections Under The Federal Rules Of Civil Procedure, Amir Shachmurove
In response to this perception, Rules 26, 30, and 32 would be repeatedly redrafted. One command, however, remained mostly unchanged, the Rules’ drafters first adopting and later haphazardly refining an older classification system. They deemed some objections too valuable for waiver to ever be appropriate. But those “relat[ing] to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party’s conduct, or other matters that might have been corrected at that time” were made so if “not timely made during the deposition,” an unadulterated encapsulation of the older “contemporaneous objection ...
The Lost Precedent Of The Reverse Doctrine Of Equivalents, 2016 Chapman University, Fowler School of Law
The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst
Samuel F Ernst
Proponents of legislative patent reform argue that the current patent system perversely impedes true innovation in the name of protecting a vast web of patented inventions, the majority of which are never even commercialized for the benefit of the public. Opponents of such legislation argue that comprehensive, prospective patent reform legislation would harm the incentive to innovate more than it would curb the vexatious practices of non-practicing entities. But while the “Innovation Act” wallows in Congress, there is a common law tool to protect innovation from the patent thicket lying right under our noses: the reverse doctrine of equivalents. Properly ...
Single-Firm Event Studies, Securities Fraud, And Financial Crisis: Problems Of Inference, 2016 Stanford University
Single-Firm Event Studies, Securities Fraud, And Financial Crisis: Problems Of Inference, Andrew Baker
Lawsuits brought pursuant to Section 10(b) of the Securities and Exchange Act depend on the reliability of a statistical tool called an event study to adjudicate issues of reliance, materiality, loss causation, and damages. Although judicial acceptance of the event study technique is pervasive, there has been little empirical analysis of the ability of commonly used event studies to produce reliable results when applied to a single company’s security.
Using data from the recent Financial Crisis, this Note demonstrates that the standard-model event study used in most court proceedings can lead to biased inference in contravention to the ...
Heredity In The Epigenetic Era: Are We Facing A Politics Of Reproductive Obligations?, 2016 University of Windsor
Heredity In The Epigenetic Era: Are We Facing A Politics Of Reproductive Obligations?, Michael J. Crawford
Biological Sciences Publications
Recent research in the emerging field of epigenetics has implications with the potential to re-ignite acrimony in the discourse of reproductive rights, medical ethics, and the role of the state in our homes and in our lives. For scientists, epigenetics has profoundly realigned our understanding of heredity: epigenetics provides a mechanism through which the environmental challenges met in one generation can be inscribed and transmitted to future offspring. Although both genetic parents have the potential to transmit heritable epigenetic changes to their offspring, mothers have a particularly potent effect because nutrition in the uterine environment can exert a supplemental effect ...
Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Spring 2016), Citing Tillman & Tillman's A Fragment On Shall And May, 2016 National University of Ireland Maynooth, Department of Law
Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Spring 2016), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman
Seth Barrett Tillman
This is an extract from Brian Hunt, Murdoch's Dictionary of Irish Law (Dublin, Bloomsbury Professional 6th ed. forthcoming circa Spring 2016), citing Tillman & Tillman's A Fragment on Shall and May.
[23 July 2015]
Regulation Of Lawyers' Use Of Competitive Keyword Advertising, 2016 Santa Clara University School of Law
Regulation Of Lawyers' Use Of Competitive Keyword Advertising, Eric Goldman
Lawyers have enthusiastically embraced search engine advertisements triggered by consumers’ keywords, but the legal community remains sharply divided about the propriety of buying keyword ads triggered by the names of rival lawyers or law firms (“competitive keyword advertising”). This Essay surveys the regulation of competitive keyword advertising by lawyers and concludes that such practices are both beneficial for consumers and legitimate under existing U.S. law - except in North Carolina, which adopted an anachronistic and regressive ethics opinion that should be reconsidered.
What We Know (And Need To Know) About Court-Annexed Dispute Resolution, 2016 University of Maryland School of Law
What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg
Mediation and other alternative dispute resolution (ADR) processes are now well integrated into the United States judicial system, in both civil and criminal cases. This white paper, drafted for the American Bar Association Commission on the Future of Legal Services, summarizes empirical evidence about the costs and benefits of court-annexed ADR. The first-generation of ADR research found that mediation and other ADR processes resulted in high party satisfaction rates, high settlement rates, cost savings and efficiency, increased long-term cooperation among the parties, and higher compliance rates with the outcome. The paper then examines a ground-breaking study conducted by the Maryland ...