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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.