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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 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 ...


Structural Police Reform, Stephen Rushin 2015 University of Illinois College of Law

Structural Police Reform, Stephen Rushin

Stephen Rushin

No abstract provided.


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Countering Hate On The Internet, raphael cohen-almagor 2014 SelectedWorks

Countering Hate On The Internet, Raphael Cohen-Almagor

raphael cohen-almagor

Hate speech is designed to threaten certain groups publicly and act as propaganda for offline organizations. Hate groups use websites to share ideology and propaganda, to link to similar sites and to recruit new converts, advocate violence and to threat others. The aim of this paper is to analyse the ways hate mongers are utilizing the Internet, and to ask what can be done to counter their activities. The paper discusses the targets of hate on the Internet and offers practical proposals to address this increasing problem and fight against it.


Watson, Walton, And The History Of Legal Transplants, John W. Cairns 2014 University of Georgia School of Law

Watson, Walton, And The History Of Legal Transplants, John W. Cairns

Georgia Journal of International & Comparative Law

No abstract provided.


Arab Media Regulations: Identifying Restraints On Freedom Of The Press In The Laws Of Six Arabian Peninsula Countries, Matt J. Duffy 2014 Berkeley Law

Arab Media Regulations: Identifying Restraints On Freedom Of The Press In The Laws Of Six Arabian Peninsula Countries, Matt J. Duffy

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill 2014 Berkeley Law

Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


Enigma: A Variation On The Theme Of Legal Writing's Place In Contemporary Legal Education, Ian Gallacher 2014 Syracuse University

Enigma: A Variation On The Theme Of Legal Writing's Place In Contemporary Legal Education, Ian Gallacher

Ian Gallacher

No abstract provided.


The Troubled State Of America's Nursing Homes, Albert Moran 2014 SelectedWorks

The Troubled State Of America's Nursing Homes, Albert Moran

Albert Moran

Even the most cursory search of news coverage involving nursing homes reveals that horror stories are not difficult to come by. Although the grisly details of each individual horror story vary, most of them share the same general story line—through some combination of gross negligence and profound systemic failure, elderly citizens can experience disturbing conditions in nursing homes that result in suffering and sometimes death. While egregious stories make local news headlines every so often and prompt a brief firestorm of public criticism, the everyday reality of nursing homes is much less sensationalized, and arguably even more sobering. Statistics ...


Weeds, Seeds, & Deeds Redux: Natural And Legal Evolution In The U.S. Seed Wars, Rebecca K. Stewart 2014 SelectedWorks

Weeds, Seeds, & Deeds Redux: Natural And Legal Evolution In The U.S. Seed Wars, Rebecca K. Stewart

Rebecca K Stewart

Ever since the U.S. Patent and Trademark Office began issuing utility patents for plants, the United States has sat squarely on the frontlines of what have come to be known as the “seed wars.” In the last two decades, the majority of battles in the U.S. seed wars have been waged in the form of patent infringement lawsuits. Typically these suits are filed by biotechnology corporations such as Monsanto against farmers accused of saving and planting patented seed that self-replicates to produce progeny embodying—and thus infringing—the biotech corporations’ patented inventions.

Yet in recent years, the seed ...


Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky 2014 SelectedWorks

Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky

Juliet P Kostritsky

ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not ...


Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin 2014 SelectedWorks

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Susan S. Bendlin

ABSTRACT: By Susan S. Bendlin

An estimated 1,825 college students die each year from alcohol-related, unintentional injuries. Roughly 599,000 students between the ages of 18 and 24 are injured every year while under the influence of alcohol. Tales of intoxicated college students’ wild, disgusting, and often violent behavior have made the national news. Litigation over alcohol-related incidents on college campuses arises from various situations, including injuries that result from intoxicated students falling, injuries suffered during parties and hazing rituals involving alcohol, and injuries from other assaults that occur after alcohol has been consumed on campus.

At the outset ...


Copyright And The Tragedy Of The Common, Tracy Reilly 2014 SelectedWorks

Copyright And The Tragedy Of The Common, Tracy Reilly

Tracy L Reilly

In his 1968 article, The Tragedy of the Commons, biologist Garret Hardin first described his theory on the ecological unsustainability of collective human behavior, claiming that commonly held real property interests would not ultimately be supportable due to the competing individual interests of all who use the property. In the legal field, Hardin’s article is frequently cited to support various theories related to real property and environmental law issues such as ownership, redistribution of wealth, pollution, over population, and global warming. Most scholars claim that a tragedy of the commons does not exist in intellectual property-related goods due to ...


Judicial Overstating, Dan Simon, Nicholas Scurich 2014 BLR

Judicial Overstating, Dan Simon, Nicholas Scurich

University of Southern California Legal Studies Working Paper Series

Ostensibly, we are all Legal Realists now. No longer do legal theorists insist that judicial decision making fits the mechanical and formalist characterizations of yesteryear. Yet, the predominant style of American appellate court opinions seems to adhere to that improbable mode of adjudication. As argued elsewhere, opinions habitually provide excessively large sets of syllogistic reasons and portray the chosen decision as certain, singularly correct, and as determined inevitably by the legal materials (Simon, A Psychological Model of Judicial Decision Making, 1998).

This article examines two possible explanations for this rhetorical style of Judicial Overstating. First, we review the psychological research ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2014 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman 2014 SelectedWorks

The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman

Hadar Aviram

Amidst the recent legal victories and growing public support for same-sex marriage, numerous polyamorous individuals have expressed interest in pursuing legal recognition for marriages between more than two consenting adults. This Article explores the possibilities that exist for such a polyamorous marriage equality campaign, in light of the theoretical literature on law and social movements, as well as our own original and secondary research on polyamorous and LGBT communities. Among other issues, we examine the prospect of prioritizing the marriage struggle over other forms of nonmarital relationship recognition; pragmatic regulative challenges, like taxation, healthcare, and immigration; and how law and ...


Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram 2014 SelectedWorks

Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram

Hadar Aviram

On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory ...


More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr 2014 BLR

More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr

University of Southern California Legal Studies Working Paper Series

In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision making, but adding women ...


Bringing Down An Uprising: Egypt's Stillborn Revolution, Sahar Aziz 2014 SelectedWorks

Bringing Down An Uprising: Egypt's Stillborn Revolution, Sahar Aziz

Sahar F Aziz

On January 25, 2011, the world watched in awe as millions of Egyptians poured into the streets demanding bread, freedom, and social justice. All of which they had been denied for three decades under Mubarak’s deeply embedded authoritarian regime. That Egyptians had persevered economic and political indignities for so long without mass protest made the events of January 25 all the more striking. Once it became clear that Egypt’s despised security forces could not quash the masses, thousands of news articles, blogs, and tweets declared that Egyptians were finally revolting. After sixty years of authoritarianism led by retired ...


Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, bo zhao 2014 SelectedWorks

Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, Bo Zhao

Bo Zhao Dr.

It is a well-established doctrine in common law countries that law does not protect reputation and privacy of the deceased. However, many countries including Western European democracies protect them to various extents by confining free expression and exchange of information and ideas regarding the dead and the past. Such an instrumental use of defamation law and privacy law can provide history censorship with justifiable legal grounds. Based on an analysis of representative legal cases on posthumous reputation and posthumous privacy collected across the world, this article tries to offer a thorough analysis of the phenomenon of how legal protection of ...


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