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The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron 2010 Brooklyn Law School

The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron

Faculty Scholarship

No abstract provided.


Blended Enterprise And The Dual Mission Dilemma, Dana Brakman Reiser 2010 Brooklyn Law School

Blended Enterprise And The Dual Mission Dilemma, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Governing And Financing Blended Enterprise, Dana Brakman Reiser 2010 Brooklyn Law School

Governing And Financing Blended Enterprise, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Fannie Mae And Freddie Mac: Creatures Of Regulatory Privilege, David Reiss 2010 Brooklyn Law School

Fannie Mae And Freddie Mac: Creatures Of Regulatory Privilege, David Reiss

Faculty Scholarship

No abstract provided.


Rating Agencies: Facilitators Of Predatory Lending In The Subprime Market, David Reiss 2010 Brooklyn Law School

Rating Agencies: Facilitators Of Predatory Lending In The Subprime Market, David Reiss

Faculty Scholarship

No abstract provided.


Cooperative Institutions In Cultural Commons, Gregg P. Macey 2010 Brooklyn Law School

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Faculty Scholarship

No abstract provided.


Coasean Blindspots: Charting The Incomplete Institutionalism, Gregg P. Macey 2010 Brooklyn Law School

Coasean Blindspots: Charting The Incomplete Institutionalism, Gregg P. Macey

Faculty Scholarship

No abstract provided.


The Unintentional Rapist, Bennett Capers 2010 Brooklyn Law School

The Unintentional Rapist, Bennett Capers

Faculty Scholarship

No abstract provided.


Teaching Torts: Rivalry As Pedagogy, Anita Bernstein 2010 Brooklyn Law School

Teaching Torts: Rivalry As Pedagogy, Anita Bernstein

Faculty Scholarship

No abstract provided.


Thinking Like A Public Interest Lawyer: Theory, Practice, And Pedagogy, Jocelyn Simonson 2010 Brooklyn Law School

Thinking Like A Public Interest Lawyer: Theory, Practice, And Pedagogy, Jocelyn Simonson

Faculty Scholarship

No abstract provided.


Why The Eitc Doesn't Make Work Pay, Anne L. Alstott 2010 Yale Law School

Why The Eitc Doesn't Make Work Pay, Anne L. Alstott

Faculty Scholarship Series

Since 1975, the earned income tax credit (EITC) has transformed from a small, obscure provision of the federal tax code into one of the largest programs in the U.S. social-welfare system. Today, the EITC stands as the largest cash-transfer program for low-income workers with children, providing $47 billion in benefits each year to 24 million families.


The Magic Of Money And Banking, Eric J. Gouvin 2010 Western New England University School of Law

The Magic Of Money And Banking, Eric J. Gouvin

Faculty Scholarship

This chapter analyzes the banking system in the wizarding world of Harry Potter and compares it to the salient features of the banking system in the Muggle world. The chapter begins with a brief history of money. Although the economies in both the wizarding world and the Muggle world use money, there are striking differences between those worlds on this point. We can only speculate on why these differences exist, but it appears that the wizard concept of money stopped evolving in the Middle Ages, when bankers were really just trusted keepers of valuables. The chapter concludes that although Muggle ...


On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin 2010 Western New England University School of Law

On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin

Faculty Scholarship

Every now and then, our legal system interacts with the spirit world, whether by virtue of seances being used in establishing the defense in a criminal matter or being used by the prosecution to impugn the defendant, or because of the impact that ghosts may have on stigmatized property or by virtue of houses being built on cemeteries, like in the movie "Poltergeist." Our legal system has an uneasy relationship with the spirit world and this chapter in the book explores that relationship.


Revised Uniform Laws On Notarial Acts, Arthur Gaudio , Reporter 2010 Western New England University School of Law

Revised Uniform Laws On Notarial Acts, Arthur Gaudio , Reporter

Faculty Scholarship

This version of the Uniform Law on Notarial Acts (“ULONA”) is a comprehensive revision of the Uniform Law on Notarial Acts as approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) in 1982. Since that date, countless societal and technological as well as market and economic changes have occurred requiring notarial officers and the notarial acts that they perform to adapt. In addition, there has been a growing non-uniformity among the states in their laws regarding notarial acts. This version of ULONA adapts the notarial process to accommodate those changes, makes the Act more responsive to current ...


Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, Erin E. Buzuvis 2010 Western New England University School of Law

Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, Erin E. Buzuvis

Faculty Scholarship

Discrimination against women seeking or serving in leadership positions in sport is worthy of analysis, not only for the sake of individual women who desire to self-actualize as a head coach or athletic administrator, but because the unique role of sport in society gives underrepresentation of women in leadership positions additional significance. Due to its high visibility and widespread appeal—its veritable iconic status—sport is a salient site of cultural production. That is, sport operates on a symbolic level, reflecting and transmitting shared cultural values. Among these values, sport helps define the attributes associated with leadership, and thus, derivatively ...


When The Truth And The Story Collide: What Legal Writers Can Learn From The Experience Of Non-Fiction Writers About The Limits Of Legal Storytelling, Jeanne M. Kaiser 2010 Western New England University School of Law

When The Truth And The Story Collide: What Legal Writers Can Learn From The Experience Of Non-Fiction Writers About The Limits Of Legal Storytelling, Jeanne M. Kaiser

Faculty Scholarship

This Article examines what can be gained and what can be lost by using storytelling in legal writing. After reviewing some basic principles of legal storytelling, the Article reviews some lessons that can be learned from the experience of the New Journalists who adopted literary techniques in their non-fiction work. In the end, the Author concludes that while there is much value in using the tools of fiction in legal writing, it is only with a blend of narrative and analysis that we most successfully do our jobs as lawyers.


Following The Direction Of Traffix: Trade Dress Law And Functionality Revisited, Amy B. Cohen 2010 Western New England University School of Law

Following The Direction Of Traffix: Trade Dress Law And Functionality Revisited, Amy B. Cohen

Faculty Scholarship

For much of American history, in order to promote competition among the producers of useful products, the law did not grant protection to the design of such products unless the design met the demanding requirements for patent or copyright protection. In the 1980s, an expansion of trade dress law resulted in protection of product designs, with the courts relying primarily on the functionality doctrine to preserve the interest in competition. The functionality doctrine, however, riddled by ambiguity and conflicting interpretations, was not effective in preventing overly broad protection of the designs of useful products. As a result, more and more ...


Slipping Through The Cracks: Why Can't We Stop Drugged Driving?, Tina Wescott Cafaro 2010 Western New England University School of Law

Slipping Through The Cracks: Why Can't We Stop Drugged Driving?, Tina Wescott Cafaro

Faculty Scholarship

Part I of this Article briefly explains the history of impaired driving laws, with respect to both alcohol and drugs. It then sets forth the various frameworks currently in place to establish that an individual is OUI drugs and evaluates the effectiveness of each standard. Part II discusses the impediments to detecting and prosecuting OUI drug cases. This section details the difficulties associated with the science behind drugged driving, including determining the effect a drug may have on an individual as well as the validity of tests used to determine if one has a drug in their system. Part II ...


Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn 2010 Western New England University School of Law

Clarion Call Or False Alarm: Why Proposed Exemptions To Equal Marriage Statutes Return Us To A Religious Understanding Of The Public Marketplace, Taylor Flynn

Faculty Scholarship

This Article discusses the problematic issues arising from proposed religious exemptions to equal marriage statutes. In the Author's view these exemptions would create the societal framework in which lesbians, bisexuals, and gay men can be refused service in virtually all aspects of life, whether fundamental or mundane—from healthcare to housing, from employment to flower-buying. This would all be accomplished with the express permission of the state. The Author believes that these proposals could permit widespread discrimination on a multitude of protected bases. The proposals appear to have been crafted to seize on cultural and religious anxiety and fears ...


Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty 2010 Western New England University School of Law

Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty

Faculty Scholarship

On the campaign trail in 2008, presidential candidate and then-Senator Barack Obama promised to restore America’s place in the world by breaking with many of the national security policies put into effect by President George W. Bush. In January 2009, President Obama made numerous changes to United States foreign policy, including signing an executive order to close the prison at Guantanamo Bay, Cuba and announcing that the United States would not engage in interrogation techniques that constitute torture. In some respects, however, Obama has followed the example of President Bush - for example, in his resuscitation of a specialized military ...


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