Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, Yehezkel Margalit
The dilemma of scarce medical resources is deeply rooted in the ancient mankind history, but it has been accelerated in the modern era with the appearance of the bio-medical innovations. This acute dilemma is relevant to all the western developed states, include Israel. Nevertheless, in one field there is the notion that Israel has unlimited medical resources – the fulfillment of its citizen's procreation and parenthood rights. Thus, for sociological, demographical, religious and security reasons the State of Israel invests a vast amount of money to develop and use the various fertility treatments. Israel, today, has the highest per capita ...
Extract From Derek T. Muller, Scrutinizing Federal Electoral Qualifications, Indiana Law Journal (Forthcoming Circa Mar. 2015), Citing Tillman's Why Our Next President May Keep His Or Her Senate Seat, 2015 SelectedWorks
Extract From Derek T. Muller, Scrutinizing Federal Electoral Qualifications, Indiana Law Journal (Forthcoming Circa Mar. 2015), Citing Tillman's Why Our Next President May Keep His Or Her Senate Seat, Seth Barrett Tillman
Seth Barrett Tillman
Extract from Derek T. Muller, Scrutinizing Federal Electoral Qualifications, 90 Ind. L.J. (forthcoming circa Mar. 2015) (manuscript at 7 n.18, 12 n.48), citing Tillman's Why Our Next President May Keep His or Her Senate Seat.
[April 18, 2014]
A Whole New World: Income Tax Considerations Of The Bitcoin Economy, 2015 SelectedWorks
A Whole New World: Income Tax Considerations Of The Bitcoin Economy, Benjamin W. Akins Jd, Llm, Jennifer L. Chapman Jd, Cpa, Jason M. Gordon Jd, Mba
Benjamin W. Akins
Bitcoin is a virtual, cryptocurrency growing rapidly in influence throughout the world. Numerous characteristics associated with the bitcoin system, including low transaction costs and greater user privacy, make it appealing as a medium of electronic payment. The number of users of bitcoin, including merchants accepting the currency as a form of payment, has grown considerably in recent years. Estimates indicate that there are more than 60,000 active bitcoin users as of September 2012, with nearly 11 million bitcoins in existence. According to the latest estimates, bitcoin market capitalization is roughly $9 billion. The growth of bitcoin as an accepted ...
Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson
The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...
Extract From Joseph M. Perillo, Calamari And Perillo On Contracts § 1.8(B) (7th Ed. Forthcoming Circa Jan. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, 2015 SelectedWorks
Extract From Joseph M. Perillo, Calamari And Perillo On Contracts § 1.8(B) (7th Ed. Forthcoming Circa Jan. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman
Seth Barrett Tillman
Extract from Joseph M. Perillo, Calamari and Perillo on Contracts § 1.8(b) n.8 (7th ed. forthcoming circa Jan. 2015), citing Bigler & Tillman's Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law.
[December 8, 2013]
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, 2015 University of Oklahoma College of Law
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall
Brian M McCall
Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...
Constructed Constraint And The Constitutional Text, 2015 Duke Law
Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel
In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be built upon, or “constructed,” by various materials. This Article, by contrast, focuses on the role of the constitutional text itself, and in doing so employs an older, more interpretive understanding of constitutional “construction.” Under some accounts, the text plays a minor role. On this view, interpreters may invoke the text rhetorically, but it does not constrain their interpretations. These critical accounts can be contrasted with strictly textualist theories, which maintain that constitutional interpretation derives ...
Work Made For Hire – Analyzing The Multifactor Balancing Test, 2015 The University of Akron School of Law
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Ryan G. Vacca
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...
Federal Arbitration Act Preemption Of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy And An Argument For Federal Agency Oversight, E. Gary Spitko
This article examines the negative impact that the U.S. Supreme Court’s recent jurisprudence interpreting the Federal Arbitration Act (“FAA”) will have on the ability of states to promote the public interests that ground state employment regulation and argues for a reordering of the relationship between federal arbitration law and state public-policy-based employment arbitration doctrine. The article proceeds in three steps. First, the article demonstrates that the U.S. Supreme Court’s 2011 decision in AT&T Mobility, Inc. v. Concepcion and 2013 decision in American Express Co. v. Italian Colors Restaurant together extinguish the state effective-vindication and public ...
Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello
Georgia’s “beyond a reasonable doubt” standard for determining intellectual disability has led to an absurd—and arbitrary—result. A Georgia state court held that defendant Warren Hill was intellectually disabled, yet still sentenced Hill to death. Seven experts—and the court—deemed Hill disabled under a preponderance of the evidence standard. He remains on death row, however, because Georgia’s “preposterous burden of proof” requires that intellectual disability be proved beyond a reasonable doubt, a standard experts have said is nearly impossible to satisfy. It “effectively limits the constitutional right protected in Atkins,” and creates a conditional, not categorical ...
Catalogs, 2015 SelectedWorks
Catalogs, Alex Stein, Gideon Parchomovsky
It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become ...
Talking Points, 2015 SelectedWorks
Talking Points, Alex Stein, Jef De Mot
Our civil liability system affords numerous defenses against every single violation of the law. Against every single claim raised by the plaintiff, the defendant can assert two or more defenses each of which gives him an opportunity to win the case. As a result, when a court erroneously strikes out a meritorious defense, it might still keep the defendant out of harm’s way by granting him another defense. Rightful plaintiffs, on the other hand, must convince the court to deny each and every defense asserted by the defendant. Any rate of adjudicative errors—random and completely unbiased—consequently increases ...
Inefficient Evidence, 2015 SelectedWorks
Inefficient Evidence, Alex Stein
Why set up evidentiary rules rather than allow factfinders to make decisions by considering all relevant evidence? This fundamental question has been the subject of unresolved controversy among scholars and policymakers since it was raised by Bentham at the beginning of the nineteenth century. This Article offers a surprisingly straightforward answer: An economically minded legal system must suppress all evidence that brings along a negative productivity-expense balance and is therefore inefficient. Failure to suppress inefficient evidence will result in serious diseconomies of scale. To operationalize this idea, I introduce a “signal-to-noise” method borrowed from statistics, science, and engineering. This method ...
The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella
Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d’etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin ...
New Perspectives On European Women’S Legal History, 2015 DePaul University
New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp
Sara L Kimble
No abstract provided.
Inciting Genocide With Words, 2015 SelectedWorks
Inciting Genocide With Words, Richard Ashby Wilson
Richard Ashby Wilson
This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has ...
The Value Of Soft Variables In Corporate Reorganizations, 2015 University of Maryland Francis King Carey School of Law
The Value Of Soft Variables In Corporate Reorganizations, Michelle M. Harner
When a company is worth more as a going concern than on a liquidation basis, what creates that additional value? Is it the people, management decisions, the simple synergies of the operating business, or some combination of these types of soft variables? And perhaps more importantly, who owns or has an interest in these soft variables? This article explores these questions under existing legal doctrine and practice norms. Specifically, it discusses the characterization of soft variables under applicable law and in financing documents, and it surveys related judicial decisions. It also considers the overarching public policy and Constitutional implications of ...
Structural Police Reform, 2015 University of Illinois College of Law
Structural Police Reform, Stephen Rushin
No abstract provided.
Hobby Lobby And The Dubious Enterprise Of Religious Exemptions, 2015 George Washington University Law School
Hobby Lobby And The Dubious Enterprise Of Religious Exemptions, Ira C. Lupu
GW Law Faculty Publications & Other Works
The experience of the past fifty years, culminating in Burwell v. Hobby Lobby Stores, Inc., is grounds for deep skepticism of any sweeping regime of religious exemptions. Part I of this essay locates the problem in the current legal and cultural moment, which includes religious objections to employer-provided contraceptive care for women, and religion-based refusals by wedding vendors and others to facilitate the celebration of same sex marriages. Part II broadens the time frame to analyze the regimes of religious exemption – federal and state, constitutional and statutory -- in which such disputes play out. Such regimes will tend to be rhetorically ...
Tax Credit School Scholarship Plans, 2014 Berkeley Law
Tax Credit School Scholarship Plans, Stephen D. Sugarman
No abstract provided.