Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

386,546 Full-Text Articles 154,062 Authors 142,595,802 Downloads 378 Institutions

All Articles in Law

Faceted Search

386,546 full-text articles. Page 6583 of 6750.

Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals, Steve Johnson 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Sparks Nugget. State Tax Exemption Of Food Used By Casinos For Comped Meals, Steve Johnson

UNLV Gaming Law Journal

In their search for new sources of revenue, states have legalized and sought to tax many kinds of gaming. Forty-eight of the fifty states of the United States permit one or more types of legal gaming. An important technique in casino and some other types of gaming is giving “comps” – complimentary goods or services – to player-customers. A frequent type of comp is free meals on the casino premises or elsewhere. Gaming establishments also often give free meals to their employees.

Comps have been controversial for federal income tax purposes. A recent Nevada case, Sparks Nugget, and related cases illustrate that ...


How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, Eric H. Franklin 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, Eric H. Franklin

Scholarly Works

If an underwriter knows that a prospectus contains a material misrepresentation, may that underwriter use the prospectus to sell securities, or would that expose the underwriter to liability under Rule 10b-5(b)? The United States Court of Appeals for the First Circuit's surprising and rather disconcerting answer was delivered on March 10, 2010, in Securities and Exchange Commission v. Tambone. In Tambone, the First Circuit held that the Securities and Exchange Commission (SEC) could not hold underwriters liable for such misrepresentations if they did not draft the prospectus. Ostensibly, this holding is nothing more than a judicial check on ...


Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan

Scholarly Works

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in ...


Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Scholarly Works

No abstract provided.


Report And Recommendations On The Status Of Clinical Faculty In The Legal Academy, Katherine R. Kruse 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Report And Recommendations On The Status Of Clinical Faculty In The Legal Academy, Katherine R. Kruse

Scholarly Works

"Report and Recommendations on the Status of Clinical Faculty in the Legal Academy" identifies and evaluates the most appropriate modes for clinical faculty appointments in the legal academy, concluding that legal education is best served when full-time clinical faculty are appointed predominantly on a unitary tenure-track model. Drawing on data collected through a survey of clinical program directors and faculty, the Report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of clinical legal education in the last 30 ...


Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson

Scholarly Works

This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.


Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey 2010 Notre Dame Law School

Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey

Journal Articles

This article examines the federal government's growing use of 18 U.S.C. § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. In 2009, Justice Antonin Scalia pointed to the numerous interpretive questions dividing the federal appellate courts and proclaimed that it was "quite irresponsible" to let the "current chaos prevail ...


The Obama Administration And Section Two Of The Sherman Act, Herbert J. Hovenkamp 2010 University of Pennsylvania Law School

The Obama Administration And Section Two Of The Sherman Act, Herbert J. Hovenkamp

Faculty Scholarship

During the administration of President George W. Bush, the Antitrust Division was not enthusiastic about use of §2 of the Sherman Act to pursue anticompetitive single-firm conduct. Indeed, its most prominent contribution on the issue was the Antitrust Division’s §2 Report, which the Obama Antitrust Division withdrew only eight months after it was issued.This withdrawal was entirely in keeping with candidate Obama’s repeated promises to reinvigorate antitrust enforcement.

This essay analyzes the current state of antitrust and makes recommendations concerning structures and practices where increased §2 enforcement is warranted and those where it is not. Wise use ...


Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil 2010 Claremont McKenna College

Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil

CMC Senior Theses

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the ...


Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd 2010 University of Pennsylvania Law School

Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd

University of Pennsylvania Journal of International Law

No abstract provided.


Transitional Justice In Ancient Athens: A Case Study, Adriaan Lanni 2010 University of Pennsylvania Law School

Transitional Justice In Ancient Athens: A Case Study, Adriaan Lanni

University of Pennsylvania Journal of International Law

No abstract provided.


Revolution In Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch 2010 University of North Carolina School of Law

Revolution In Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.


First Amendment Limits On Libraries’ Discretion To Manage Their Collections, Anne Klinefelter 2010 University of North Carolina School of Law

First Amendment Limits On Libraries’ Discretion To Manage Their Collections, Anne Klinefelter

Faculty Publications

No abstract provided.


Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt 2010 University of North Carolina School of Law

Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Government Speech And Online Forums: First Amendment Limitations On Facilitating And Moderating Public Discourse On Government Websites,, David S. Ardia 2010 University of North Carolina School of Law

Government Speech And Online Forums: First Amendment Limitations On Facilitating And Moderating Public Discourse On Government Websites,, David S. Ardia

Faculty Publications

No abstract provided.


Reputation In A Networked World: Revisiting The Social Foundations Of Defamation Law, David S. Ardia 2010 University of North Carolina School of Law

Reputation In A Networked World: Revisiting The Social Foundations Of Defamation Law, David S. Ardia

Faculty Publications

No abstract provided.


Disability In America: A Minority Group For Everyone, Nicholas W. Ostreim 2010 Claremont McKenna College

Disability In America: A Minority Group For Everyone, Nicholas W. Ostreim

CMC Senior Theses

July 26, 2010 marked the twentieth anniversary of the Americans with Disabilities Act; the greater implications of comprehensive disability policy are yet to be seen. Nearly twenty percent of Americans have a disability. With such a significant portion of Americans affected, is equal access to employment opportunities, transportation, and communication available? The history of disability in America tells a story of isolation and institutionalization. The civil rights movement of the 1950’s and 60’s opened up an opportunity for America’s most versatile minority group. A survey conducted by the International Center for the Disabled in 1986 showed sixty-six ...


Governing Gambling In The United States, Maria E. Garcia 2010 Claremont McKenna College

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to ...


Antitrust Censorship Of Economic Protest, Hillary Greene 2010 University of Connecticut School of Law

Antitrust Censorship Of Economic Protest, Hillary Greene

Faculty Articles and Papers

Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the “fairness” of prices, society can, and frequently does, properly concern itself with these issues. When dissatisfaction results, it may manifest itself in an expressive boycott: a form of social campaign wherein purchasers express their dissatisfaction by collectively refusing to buy. Antitrust should neither participate in nor censor such normative discourse. In this Article, I explain how antitrust law impedes this speech, argue why it should not, and ...


Reconciling Equal Protection And Federal Indian Law, Bethany Berger 2010 University of Connecticut School of Law

Reconciling Equal Protection And Federal Indian Law, Bethany Berger

Faculty Articles and Papers

In this essay for a festschrift in celebration of Philip Frickey and his work, I show how equal protection and federal Indian law can be reconciled without succumbing to what Professor Frickey has called the seduction of artificial coherence. Federal Indian policies increasingly face arguments that, in providing special treatment for individuals and groups defined in part by descent from indigenous tribes, they violate the requirement of equal protection before the law. I argue that such arguments ignore the congruence of federal Indian policy and equal protection as a matter of constitutional norms, constitutional history, and constitutional text. Federal Indian ...


Digital Commons powered by bepress