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The Ncaa And The Irs: Life At The Intersection Of College Sports And The Federal Income Tax, Richard L. Schmalbeck, Lawrence A. Zelenak 2019 Duke Law School

The Ncaa And The Irs: Life At The Intersection Of College Sports And The Federal Income Tax, Richard L. Schmalbeck, Lawrence A. Zelenak

Faculty Scholarship

Few organizational acronyms are more familiar to Americans than those of the National Collegiate Athletic Association (NCAA) and the Internal Revenue Service (IRS). Although neither organization is particularly popular, both loom large in American life and popular culture. Because there is a tax aspect to just about everything, it should come as no surprise that the domains of the NCAA and the IRS overlap in a number of ways. For many decades, the strong tendency in those areas has been for college athletics to enjoy unreasonably generous tax treatment-sometimes because of the failure of the IRS to enforce the tax ...


Private International Law As An Ethic Of Responsivity, Ralf Michaels 2019 Duke Law School

Private International Law As An Ethic Of Responsivity, Ralf Michaels

Faculty Scholarship

The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of ...


California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma 2018 SCU Law Class of 2019

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply ...


Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson 2018 University of California Hastings College of Law

Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson

Scott Dodson

Personal jurisdiction usually focuses on the rights of the defendant. That is because a plaintiff implicitly consents to personal jurisdiction in the court where the plaintiff chooses to file. But what if the defendant seeks to transfer venue to a court in a state in which the plaintiff has no contacts and never consented to personal jurisdiction? Lower courts operate on the assumption that, in both ordinary venue-transfer cases under 28 U.S.C. § 1404(a) and multidistrict-litigation cases under § 1407(a), personal-jurisdiction concerns for plaintiffs simply do not apply. I contest that assumption. Neither statute expands the statutory authorization ...


How The U.S. Supreme Court Deemed The Grand Bargain Adequate Without Defining Adequacy.Pdf, Michael C. Duff 2018 University of Wyoming College of Law

How The U.S. Supreme Court Deemed The Grand Bargain Adequate Without Defining Adequacy.Pdf, Michael C. Duff

Michael C Duff

During the second and third decades of the twentieth century, the U. S. Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation and the National Association of Manufacturers, of European workers’ compensation systems during the first decade of the twentieth century. Some of those systems had been in existence since the 1870s and 1880s, and many employers preferred them to newly-emerging American employer liability statutes that retained ...


Taxed Out: Illegal Property Tax Assessments And The Epidemic Of Tax Foreclosures In Detroit (Forthcoming 2019), Bernadette Atuahene, Christopher Berry 2018 Chicago-Kent College of Law

Taxed Out: Illegal Property Tax Assessments And The Epidemic Of Tax Foreclosures In Detroit (Forthcoming 2019), Bernadette Atuahene, Christopher Berry

Bernadette Atuahene

No abstract provided.


Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean 2018 The University of Akron School of Law

Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean

Daniel Harris Brean

Patents define an inventor’s exclusive rights by reciting essential aspects of the invention in sentences called claims.  The claims are drafted in varying degrees of technical specificity, such that each claim is legally distinct—some may be valid or infringed while others are not.  Most commonly, this variation is accomplished by using a combination of “independent” and “dependent” claims. Independent claims stand alone, while dependent claims incorporate by reference all the features recited in the independent claims but go on to add further features or details.  The result is a range of potential infringing activity that triggers liability, from ...


Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston 2018 Pepperdine University School of Law

Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston

Alyssa Thurston

This bibliography compiles selected secondary and primary materials on physician-assisted death. Secondary sources include books, book chapters, law review and law journal articles, bibliographies, websites, and current awareness materials, and are mostly limited to publication dates of 2007-2018. Most of the included materials focus on the United States, but a number of sources also discuss other countries and one section is devoted to international experiences with physician-assisted death.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Regulating Wage Theft, Annie Smith 2018 University of Arkansas - Main Campus

Regulating Wage Theft, Annie Smith

Annie Smith

Wage theft costs workers billions of dollars each year. At a time when the federal government is rolling back workers’ rights, it is essential to consider how state and local laws can address the problem. As this Article explains, these pernicious practices seemingly continue unabated, despite a recent wave of state and local laws to curtail wage theft. This Article provides the first comprehensive analysis of state and local anti-wage theft laws. We compiled 130 state and local anti-wage theft laws enacted over the past decade and offer an original typology of the most common anti-wage theft regulatory strategies. Our ...


The Interrogations Of Brendan Dassey, Brian Gallini 2018 University of Arkansas, Fayetteville

The Interrogations Of Brendan Dassey, Brian Gallini

Brian Gallini

On March 1, 2006, a pair of detectives interrogated sixteen-year-old Brendan Dassey—one of two defendants prominently featured in the 2015 Netflix series Making a Murderer—for several hours about his role in the October 31, 2005 disappearance of photographer Theresa Halbach. The prosecution introduced statements obtained during that interrogation at Dassey’s trial. With no corroborating physical evidence, those statements—including that Dassey cut Halbach’s throat—played a significant role in his conviction for Halbach’s murder.

Following his conviction, Dassey’s appellate arguments about the legitimacy of his confession focused on his March 1, 2006, confession. Most ...


Body Battlegrounds: Transgressions, Tensions And Transformations, Chris Bobel, Samantha Kwan 2018 University of Massachusetts Boston

Body Battlegrounds: Transgressions, Tensions And Transformations, Chris Bobel, Samantha Kwan

Chris Bobel

Body Battlegrounds explores the rich and complex lives of society’s body outlaws—individuals from myriad social locations who oppose hegemonic norms, customs, and conventions about the body in context. Original research chapters (based on textual analysis, qualitative interviews, and participant observation), along with personal narratives, provide a window into the everyday lives of people rewriting the norms of embodiment in sites like schools, sporting events, and the doctor’s office. Each accessibly-written, pedagogically-oriented chapter and narrative is at once theoretically and methodologically transparent and alive with the voices of the actors at the center of inquiry.
 
Body Battlegrounds is ...


Trade, Distribution And Development Under Supply Chain Capitalism, Dan Danielsen 2018 Northeastern University

Trade, Distribution And Development Under Supply Chain Capitalism, Dan Danielsen

Dan Danielsen

Despite significant global growth in both trade and foreign investment volumes during the past 40 years, many developing nations and their domestic firms still struggle to realize the development benefits of this economic expansion. Although the Asian Tigers—China, India and a few others—have achieved significant increases in income per capita and reductions in poverty rates, most developing countries remain woefully short of their development goals notwithstanding a major shift in the composition of developing country exports from resource-based products to manufactured goods and a significant increase in developing country manufactures as a percentage of total global manufactures. One ...


Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder 2018 East Tennessee State University

Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder

Electronic Theses and Dissertations

Sex trafficking is a grossly misconstrued and increasing issue within the United States. The purpose of this study was to extend current knowledge regarding the public’s education on domestic sex trafficking and perceptions of domestic sex trafficking victims. The public’s awareness of domestic sex trafficking and perceptions of domestic sex trafficking victims were examined through the utilization of a 31 closed-ended question survey. The survey included questions about domestic sex trafficking and prostitution myths, domestic sex trafficking victim characteristics, domestic sex trafficking legislation, law enforcement’s involvement in domestic sex trafficking cases, and demographics. The sample consisted of ...


A Bibliography Of Faculty Scholarship, Law Library 2018 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Public Short Selling By Activist Hedge Funds, Vyacheslav Fos 2018 Berkeley Law

Public Short Selling By Activist Hedge Funds, Vyacheslav Fos

Law, Economics, & Business Workshop

No abstract provided.


Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Creek, Lindsey Peterson 2018 Mississippi State University

Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Creek, Lindsey Peterson

Societies Without Borders

No abstract provided.


Best Practice, 2018 DePaul University

Best Practice

DePaul Magazine

In fall 2016, DePaul’s College of Law launched the Third Year in Practice Program, a progressive approach to experiential learning that further prepares students for their first year practicing law. The following spring, the inaugural cohort of 11 students all graduated, passed the bar exam and have found employment— largely because they were ready to jump right into their careers.


Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg 2018 Case Western Reserve University School of Law

Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg

Societies Without Borders

This article investigates the contribution of International Non-Governmental Organizations to the social construction of knowledge about episodes of mass violence. The focus is on the dynamics between global and national forces, explored through a case study of Amnesty International and the mass violence that unfolded in the Darfur region of Sudan during the first decade of the 21st century. Interviews with Amnesty staff and volunteers, supplemented by an examination of Amnesty websites, suggest that the organization succeeds in generating a relatively unified representation, reflective of its goal to promote human rights, but that it can succeed only by granting leeway ...


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