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Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh 2017 University of Baltimore School of Law

Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh

All Faculty Scholarship

After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a ...


The Long Arm Of Multidistrict Litigation, Andrew D. Bradt 2017 Berkeley Law

The Long Arm Of Multidistrict Litigation, Andrew D. Bradt

Andrew D. Bradt

Nearly 40 percent of the civil cases currently pending in federal court—now over 130,000— are part of a multidistrict litigation, or MDL. In MDL, all cases pending in federal district courts around the country sharing a common question of fact, such as the defectiveness of a product or drug, are transferred to a single district judge for consolidated pretrial proceedings, after which they are supposed to be remanded for trial. But the reality is that less than three percent are ever sent back because the cases are resolved in the MDL court, either through summary judgment or mass ...


The Negative Capital Account Maze, Walter D. Schwidetzky 2017 University of Baltimore School of Law

The Negative Capital Account Maze, Walter D. Schwidetzky

All Faculty Scholarship

Outside Hubert I and Hubert II, there has been little discussion of negative capital accounts in the tax context and almost no discussion in the nontax context. Nontax law, however, is critically important. This report provides an integrated discussion of the application of tax and nontax law to negative capital accounts.

One of the challenges in writing this report is that it requires a discussion of both the at-risk rules of section 465 and the debt allocation rules of section 752. Complex issues involving sections 465 and 752 and their interaction are worthy of their own articles. Indeed, others have ...


The Fight Against Breast Cancer: A Policy And Programmatic Approach, Nandi Robinson 2017 The University of San Francisco

The Fight Against Breast Cancer: A Policy And Programmatic Approach, Nandi Robinson

Master's Projects and Capstones

Abstract

Breast cancer continues to remain a significant health issue for women. Previously thought to only occur among postmenopausal women, breast cancer has impacted women of different ages; and rates of breast cancer have various impacts among different ethnic groups. For women living in a toxic environment, many of them have become the new wave of breast cancer cases. Screening and detection have succeeded in decreasing mortality rates. However, more research is needed in finding an efficient method of treatment. In the effort to assist in the fight against breast cancer through a policy and programmatic angle, I am fulfilling ...


Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles 2017 UCLA Law

Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles

Jeffrey John Miles

This paper seeks to sketch the contours of the interordinal web of the current laws, and delineate problem areas where the law fails to reach as well as the areas where law exists, yet remains misapplied. In doing so, I am hoping to continue the dialectic begun by Alexander Bauer in his 2008 piece, New Ways of Thinking About Cultural Property: A Critical Appraisal of the Antiquities Trade Debates as well as borrow some inspiration from the interordinal analysis applied by Gordillo in his groundbreaking recent work, Interlocking Constitutions. This is a top-down perspective, with less attention to each individual ...


The Ethics Of Representing Founders, Paul R Tremblay 2017 Boston College Law School

The Ethics Of Representing Founders, Paul R Tremblay

Boston College Law School Faculty Papers

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with ...


Solving The Problem Of Capital Loss Distribution Upon Dissolution Of A Service Partnership, Jeffrey John Miles 2017 UCLA Law

Solving The Problem Of Capital Loss Distribution Upon Dissolution Of A Service Partnership, Jeffrey John Miles

Jeffrey John Miles

This Comment offers a potential solution to the conflict between the common law tradition exemplified by Kovacik v. Reed and the Revised Uniform Partnership Act (“UPA (1997)”). The paradox arises at the dissolution of a partnership where one partner (the “capital partner”) has provided money to the venture and other partner (the “service partner”) has simply contributed his services, without drawing a salary. The partners have agreed to share future profits equally. Like many partners, they have not bargained at the outset over what will happen if their venture loses money. When the partnership does lose money, the capital partner ...


The Right-Based View Of The Cathedral: Liability Rules And Corrective Justice, Omri Rachum-Twaig, Ohad Somech 2017 Pepperdine University

The Right-Based View Of The Cathedral: Liability Rules And Corrective Justice, Omri Rachum-Twaig, Ohad Somech

Pepperdine Law Review

In their celebrated paper, Calabresi and Melamed offered a framework, often referred to as the ‘‘Cathedral’’ analysis, which explains when and why entitlements should be protected using two main sets of rules—property rules and liability rules. This framework is now widely used to explain some private law doctrines. However, cases that are easily explained as applications of liability rules are usually difficult to explain under the private law theory of correlative corrective justice. This is because the basic idea underlying corrective justice conflicts with the notion of rules that allow the nonconsensual property appropriation subject to compensation. In this ...


A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson 2017 Pepperdine University

A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson

Pepperdine Law Review

America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between. These varied learning environments pose a fascinating question with respect to the ways such universities use affirmative action in admissions. In Grutter v. Bollinger, the United States Supreme Court held that “student body diversity is a compelling state interest that can justify the use of race in university admissions.” Indeed, student body diversity remains one of the few “compelling interests” that the Court has held satisfies the constitutional imperative that the “government ...


V. 8, 2017 Masthead, 2017 University of San Diego

V. 8, 2017 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.


The Interlegality Of Transnational Private Law, Robert Wai 2017 Selected Works

The Interlegality Of Transnational Private Law, Robert Wai

Robert S. Wai

No abstract provided.


Introduction To The Law And Markets: Regulating Controversial Exchange, Kimberly Krawiec, Poonam Puri, Mitu Gulati 2017 Duke University

Introduction To The Law And Markets: Regulating Controversial Exchange, Kimberly Krawiec, Poonam Puri, Mitu Gulati

Poonam Puri

We are pleased to share these articles, written by selected scholars who presented at a symposium held at Osgoode Hall Law School on September 15, 2015. With the support of the Pierre Genest Memorial Fund, the Nathanson Centre on Transactional Human Rights, Crime and Security, and the Institute for Feminist Legal Studies, our objective at the symposium was to address pressing contemporary issues including access to reproductive technologies, sex work, evolving notions of sovereignty, and the refugee crisis. We explored the power and limits of market forces and regulatory tools for addressing these issues, while stimulating lively and respectful discussion ...


The Role Of Corporate Governance In Curbing Foreign Corrupt Business Practices, Poonam Puri, Andrew Nichol 2017 Selected Works

The Role Of Corporate Governance In Curbing Foreign Corrupt Business Practices, Poonam Puri, Andrew Nichol

Poonam Puri

The role of corporate and securities laws in addressing foreign corrupt business practices have, to date, received limited consideration. Departing from the substantial literature on the criminal and public law response to international corruption, the authors analyze Canada’s Corruption of Foreign Public Officials Act in comparison with British and American legislation and conclude that the Canadian regime relies too heavily on the use of criminal sanctions and fails to contemplate the role of behaviour modification in its legislative structure. Recognizing that multinational corporations are well placed to identify, expose, and prevent corrupt business practices, the authors propose a private ...


Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman 2017 Osgoode Hall Law School of York University

Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.


Women Lawyers And Women's Legal Equality: Reflections On Women Lawyers At The 1893 World's Columbian Exposition In Chicago, Mary Jane Mossman 2017 Selected Works

Women Lawyers And Women's Legal Equality: Reflections On Women Lawyers At The 1893 World's Columbian Exposition In Chicago, Mary Jane Mossman

Mary Jane Mossman

In Chicago in 1893, for the first time in history, women lawyers were invited to participate with male lawyers and judges at the Congress on Jurisprudence and Law Reform, one of a number of Congresses organized in conjunction with the World's Columbian Exposition. By the 1890s, women lawyers had achieved considerable success for at least two decades in gaining admission to state bars in the United States, and their success provided important precedents for women who wished to become lawyers in other parts of the world. Yet, as Nancy Cott explained, although women's admission to the professions had ...


Conversations About Families In Canadian Courts And Legislatures: Are There "Lessons" For The United States?, Mary Jane Mossman 2017 Selected Works

Conversations About Families In Canadian Courts And Legislatures: Are There "Lessons" For The United States?, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.


Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young 2017 Allard School of Law at the University of British Columbia

Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young

Lisa Philipps

Section 15 of the Charter offers the promise of redressing many systemic inequalities in the law. This paper considers the implications of section 15 for the taxation of child support payments, an issue raised in the Thibaudeau case. While endorsing the Federal Court of Appeal's decision that the current tax regime is unconstitutional, the authors take issue with the Court's reasoning in reaching this result. In the first part of their paper, the authors address a number of shortcomings in the Court's equality analysis, arguing that the process employed by the Court ignored critical aspects of equality ...


Registered Savings Plans And The Making Of Middle-Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps 2017 Osgoode Hall Law School of York University

Registered Savings Plans And The Making Of Middle-Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps

Lisa Philipps

Campaigning politicians and elected governments across Canada’s political spectrum strive to position themselves as defenders of the middle class. This is to be expected given the large proportion of the Canadian population that self-identifies as middle class. Since the term lacks precision, it is a claim that can accommodate a wide range of policy proposals. Tax policy serves as a prime vehicle for making this appeal to middle-class voters. Undoubtedly, any tax reform proposal can be examined critically to evaluate its likely distributional impacts and how well these map onto specific definitions of the middle class. This Article attempts ...


The Doctrine Of Discovery Reconsidered: Reflecting On Discovering Indigenous Lands: The Doctrine Of Discovery In The English Colonies, By Robert J Miller, Jacinta Ruru, Larissa Behrendt, And Tracey Lindberg, And Reconciling Sovereignties: Aboriginal Nations And Canada, By Felix Hoehn, Kent McNeil 2017 Selected Works

The Doctrine Of Discovery Reconsidered: Reflecting On Discovering Indigenous Lands: The Doctrine Of Discovery In The English Colonies, By Robert J Miller, Jacinta Ruru, Larissa Behrendt, And Tracey Lindberg, And Reconciling Sovereignties: Aboriginal Nations And Canada, By Felix Hoehn, Kent Mcneil

Kent McNeil

This is a review essay discussing two books: Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies, by Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg, and Reconciling Sovereignties: Aboriginal Nations and Canada, by Felix Hoehn.


Fiduciary Obligations And Aboriginal Peoples, Kent McNeil 2017 Osgoode Hall Law School of York University

Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil

Kent McNeil

No abstract provided.


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