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Recent Articles in Organizations
Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice
University of Nevada, Las Vegas -- William S. Boyd School of Law
Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice
UNLV Gaming Law Journal
No abstract provided.
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Pepperdine University
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board of Governors of the National Association of Administrative Law Judges
Pepperdine University
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols
Pepperdine University
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols
Journal of the National Association of Administrative Law Judiciary
This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.
Dynamic Analysis Of Intellectual Property: Theory, Evidence And Policy, Jonathan Barnett
BLR
Dynamic Analysis Of Intellectual Property: Theory, Evidence And Policy, Jonathan Barnett
University of Southern California Law and Economics Working Paper Series
Intellectual property law always intervenes in markets that already have private sources of intellectual property rights. This observation complicates the conventional assumption that more IP always reduces the size of the public domain and less IP always expands it. Withdrawing “public IP” makes no difference in the size of the public domain if the market responds by migrating to “private IP” substitutes. Withdrawing public IP can even enhance entry barriers and reduce the size of the public domain if certain firms have lower-cost access to private IP than others. That perverse case is not only plausible but typical. In general ...
New Modes Of Pluralist Global Governance, Gráinne de Búrca, Robert O. Keohane, Charles F. Sabel
NELLCO
New Modes Of Pluralist Global Governance, Gráinne De Búrca, Robert O. Keohane, Charles F. Sabel
New York University Public Law and Legal Theory Working Papers
This paper describes three modes of pluralist global governance. Mode One refers to the creation and proliferation of comprehensive, integrated international regimes on a variety of issues. Mode Two describes the emergence of diverse forms and sites of cross-national decision making by multiple actors, public and private as well as local, regional and global, forming governance networks and “regime complexes,” including the orchestration of new forms of authority by international actors and organizations. Mode Three, which is the main focus of the paper, describes the gradual institutionalization of practices involving continual updating and revision, open participation, an agreed understanding of ...
Lawyers And The New Institutionalism, Paul R. Tremblay, Judith A. McMorrow
Boston College Law School
Lawyers And The New Institutionalism, Paul R. Tremblay, Judith A. Mcmorrow
Boston College Law School Faculty Papers
Drawing on the sociological theory of new institutionalism, this essay explores the ethical behavior and decision-making of lawyers by reference to the organizational context in which lawyers work. As the new institutionalism predicts, lawyers develop powerful assimilated informal norms, practices, habits, and customs that sometimes complement and other times supplant formal substantive law on professional conduct. Structural choices in practice settings influence the creation of these informal norms. The challenge for the legal profession, and particularly academics who teach legal ethics, is how to prepare law students and lawyers better to recognize and analyze the norms in their practice setting ...
The Role Of Charity In A Federal System, Brian D. Galle
Boston College Law School
The Role Of Charity In A Federal System, Brian D. Galle
Boston College Law School Faculty Papers
This Article critiques the prevailing justification for subsidies for the charitable sector and suggests a new alternative. Existing rationales are based on an economic model that assumes a single government whose decisions are guided by a single median voter. I argue that this theory is unpersuasive when translated to federal systems, such as the United States, in which there may instead be thousands of competing local governments.
I then attempt to construct a theory of the charitable sector that takes account of interactions between charity, local government, and national government. In this revised account, charity is most important when federalism ...
Tax Planning For Marijuana Dealers, Benjamin Leff
American University Washington College of Law
Tax Planning For Marijuana Dealers, Benjamin Leff
Benjamin Leff
In recent years, many states have legalized marijuana while the federal government continues to consider all marijuana sales and use illegal. But marijuana industry insiders consider not federal criminal law but federal tax law to be the biggest impediment to the development of a legitimate marijuana industry. State-sanctioned marijuana sellers are required to pay federal income taxes pursuant to § 280E, a formerly largely symbolic provision that Congress enacted to punish drug dealers, but which now could potentially drive legitimate marijuana sellers underground.
This paper proposes a tax strategy that enables state-sanctioned marijuana sellers to avoid the impact of § 280E by ...
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
Pepperdine University
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
Pepperdine Law Review
No abstract provided.
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane
Pepperdine University
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane
Pepperdine Law Review
No abstract provided.
Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson
Pepperdine University
Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson
Pepperdine Law Review
No abstract provided.
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr
Pepperdine University
Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr
Pepperdine Law Review
No abstract provided.
Mandatory Pro Bono: The Path To Equal Justice, John R. deSteiguer
Pepperdine University
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Pepperdine Law Review
No abstract provided.
Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose
Pepperdine University
Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose
Pepperdine Law Review
No abstract provided.
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine University
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine University
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
The Offender And The Victim, Edward Tromanhauser
Pepperdine University
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine University
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine Law Review
No abstract provided.
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine University
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine Law Review
No abstract provided.
Popular Institutions
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Popular Articles
Fundamentos Del Derecho Procesal Civil
Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights?
Understanding Change In International Organizations: Globalization And Innovation In The Ilo
The Checks And Balances Of Good Corporate Governance, John Lessing
It's A Bird, It's A Plane, It's Jus Cogens!, Anthony D'Amato
Standards Of Conduct For Directors Of Nonprofit Corporations, James Fishman
Direct Vs. Derivative, Or "What's A Lawsuit Between Friends In An 'Incorporated Partnership'?", Daniel Kleinberger
Tax Planning For Marijuana Dealers
Too Big To Fail: Moral Hazard In Auditing And The Need To Restructure The Industry Before It Unravels, Lawrence Cunningham
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