Other Law Commons^™

Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley

Barry Law Review

No abstract provided.

Surrogacy And Dignity: Rights And Relationships, Kate Galloway

Kate Galloway

In this Journal, Rachel Kunde shared her experiences as an altruistic surrogate, advocating for greater government support for surrogate mothers. Based on her own experience, her argument suggests that recognising women’s bodily autonomy is a central consideration in liberalising the regulation of surrogacy. Importantly, she argues that surrogacy arrangements need not impair the dignity of the surrogate mother. In particular, her advocacy appears to presuppose reproductive rights both in the intending parents to found a family, and for the surrogate to bear a child. This article responds to Kunde. While celebrating Kunde’s contribution to the discourse through her personal narrative, …

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Robert Bartlett

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

José Gabilondo

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

José Gabilondo

No abstract provided.

E-Museletter: August 2016, Kathleen Klepfer

Museletter

This Issue:

New to the University of Richmond School of Law?

Welcome to Jason Zarin

Welcome to Stacy Price

Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge

Faculty Scholarship

As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This Article argues, however, that the legal and market developments of the last several decades in payment systems provide compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public law regulatory scheme for payment systems, exemplified by Articles 3 and 4 of the Uniform Commercial …

Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk

Roxanne Mykitiuk

No abstract provided.

"Free My Agent": Legal Implications Of Professional Athletes' Self-Representation, Jodi Balsam

Faculty Scholarship

No abstract provided.

Personal Property Servitudes On The Internet Of Things, Christina Mulligan

Faculty Scholarship

No abstract provided.

Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete

Catholic University Law Review

The manufacturing of innovative medical devices is important for the continued success and growth of the U.S. health care system and economy. The medical device industry is almost exclusively comprised of small businesses. The U.S. Food and Drug Administration (FDA) regulates the medical device industry and employs a rigorous approval process to determine when products may enter the market. While the FDA’s goal is to authorize the sale of innovative devices that are safe for patient use, device manufacturers argue that the process to obtain FDA approval is unnecessarily expensive, burdensome, and has systemic problems. As a result of the …

The Judge As Umpire: Ten Principles, Brett M. Kavanaugh

Catholic University Law Review

In his speech, Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution.

Judges must also understand that their role is to apply the rules rather than remake the rules according to …

Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure, Brady P. Gleason

Catholic University Law Review

As marijuana regulation at the local level becomes at odds with federal policy, an interesting question arises regarding the drug’s potential classification as an article of commerce. Resulting of this potential shift is the existence of an unexpected legal question as to whether the U.S. International Trade Commission, via the agency’s section 337 investigatory and remedial authorities, may regulate marijuana that has been illegally imported into the United States. While avoiding any stance on the contentious issue of marijuana legalization, this essay explores this legal ramification by surmising a fictional narrative of two Colorado marijuana farmers, and investigating the ITC’s …

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Trevor C. W. Farrow

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.

Boyd Briefs - May 20, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

The Polysemy Of ‘Fallacy’—Or ‘Bias’, For That Matter, Frank Zenker

OSSA Conference Archive

Starting with a brief overview of current usages (Sect. 2), this paper offers some constituents of a use-based analysis of ‘fallacy’, listing 16 conditions that have, for the most part implicitly, been discussed in the literature (Sect. 3). Our thesis is that at least three related conceptions of ‘fallacy’ can be identified. The 16 conditions thus serve to “carve out” a semantic core and to distinguish three core-specifications. As our discussion suggests, these specifications can be related to three normative positions in the philosophy of human reasoning: the meliorist, the apologist, and the panglossian (Sect. 4). Seeking to make these …

Boyd Briefs - May 12, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Boyd Briefs - May 5, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Aggregation By Acquisition: Replacing Class Actions With A Market For Legal Claims, Minor Myers, C. Korsmo

Faculty Scholarship

No abstract provided.