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The Future Of Taxation, Joseph Isenbergh 2010 University of Chicago Law School

The Future Of Taxation, Joseph Isenbergh

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Why (And When) Judges Dissent: A Theoretical And Empirical Analysis, Richard A. Posner, William M. Landes, Lee Epstein 2010 University of Chicago Law School

Why (And When) Judges Dissent: A Theoretical And Empirical Analysis, Richard A. Posner, William M. Landes, Lee Epstein

Coase-Sandor Working Paper Series in Law and Economics

This paper develops and tests a model of self-interested judicial behavior to explore the phenomenon of judicial dissents, and in particular what we call "dissent aversion," which sometimes causes a judge not to dissent even when he disagrees with the majority opinion. We examine dissent aversion using data from both the federal courts of appeals and the U.S. Supreme Court. Our empirical findings are consistent with the predictions of the model. In the court of appeals, the frequency of dissents is negatively related to the caseload and positively related to ideological diversity among judges in the circuit and circuit ...


Subconstitutionalism, Eric A. Posner, Tom Ginsburg 2010 University of Chicago

Subconstitutionalism, Eric A. Posner, Tom Ginsburg

Coase-Sandor Working Paper Series in Law and Economics

Subconstitutionalism refers to two-tiered constitutional systems where a superior state and a group of subordinate states exercise overlapping control of a single population. Federalism is a familiar version of subconstitutionalism but scholarship on federalism focuses on the design of the superior state's constitution. Our focus is the design of the subordinate state's constitution. Our question is, how does the constitution of an independent state change when it becomes subordinate to another state in a federalist or related subconstitutional system? Applying agency theory, we argue that because the superior state reduces agency costs as between the subordinate state's ...


Two Understandings Of Supremacy: An Essay, Vincent J. Samar 2010 Illinois Institute of Technology, Chicago-Kent College of Law

Two Understandings Of Supremacy: An Essay, Vincent J. Samar

Richmond Journal of Global Law & Business

Does the supremacy provision of Article VI of the U.S. Constitution undermine the legal force of international law in the United States? Recently, there has been some debate on this issue arising out of the claim that if the U.S. Constitution is “the supreme law of the land,” and that only constitutional officers of the United States, in keeping with their responsibilities to uphold the Constitution, can decide what is international law for the U.S. Such debates are not new to the history of the world. For much of world history, national rulers have claimed that their ...


Evaluating South Africa’S Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan L. Marshfield 2010 New York University School of Law

Evaluating South Africa’S Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan L. Marshfield

Richmond Journal of Global Law & Business

Political scientists have identified compelling correlations between economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trending towards conditions that generally correlate to stable democracies. It compares South Africa’s post-apartheid economic conditions to the empirical trends that development theorists have identified as correlative to democratic stability. This analysis is important because if South Africa’s post-apartheid economic conditions do not exhibit positive trends, this may suggest that despite the just end of apartheid ...


You Can Come Under The Tarp, But First... The Bank Of America-Merrill Lynch Merger Was A Failure Of Corporate Governance, James K. Donaldson 2010 University of Richmond

You Can Come Under The Tarp, But First... The Bank Of America-Merrill Lynch Merger Was A Failure Of Corporate Governance, James K. Donaldson

Law Student Publications

In response to the financial credit crisis in the fall of 2008, Congress, the U.S. Treasury, and the Federal Reserve Board of Governors took unprecedented action to prevent both large and small financial institutions from insolvency. Ultimately, the Troubled Asset Relief Program was created to inject various banks with the cash necessary to prevent the banks' insolvency and the threat that bank failures posed to the nation's economy. In the midst of that crisis, Bank of America agreed to acquire Merrill Lynch. Each institution, in their individual capacity, received TARP funds from the Treasury several weeks after entering ...


A Patent Panacea?: The Promise Of Corbinized Claim Construction, Jonathan L. Moore 2010 University of Richmond

A Patent Panacea?: The Promise Of Corbinized Claim Construction, Jonathan L. Moore

Law Student Publications

A patent's claims define the scope of a patent-holder's right to exclude others. Because patent infringement actions often hinge on how a court construes claim terms, the interpretative approach that a court uses has a significant effect on the scope ofpatent rights. This article examines claim construction through the lens of contract law. In theory, the Federal Circuit has explicitly rejected the application of contract interpretation principles to claim construction, despite historical acceptance of the patent-contract analogy. In practice, however, the Federal Circuit applies the theory of contract interpretation espoused by Samuel Williston, a theory that focuses on ...


Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers 2010 University of Richmond School of Law

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers

Richmond Journal of Global Law & Business

Today, many military bases have become financial burdens on the federal government, as the military’s needs and systems have changed drastically since the end of the Cold War. The federal government has discovered it can save a significant amount of money by shutting down unnecessary installations and shifting the work to ongoing bases. The federal government can also make money by selling the land of former military bases to surrounding communities or private companies.


“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen 2010 Georgetown University Law Center

“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen

Richmond Journal of Global Law & Business

Presumably few federal appellate judges are confronted with the Danish prince’s existential angst: “To be, or not to be: that is the question. . . .” Nonetheless, a similar ambivalence may be present in the circumstance of judicial review of administrative agency decisions. No less eminent an authority than former Second Circuit Judge Henry Friendly expressed just such angst in the introduction to his 1969 Duke Law Journal article, in which he attempted to discern bright-line rules in the Supreme Court’s 1943 SEC v. Chenery decision: “Although when I began my labors, I had the hope of discovering a bright shaft ...


Foreword, Daniel T. Murphy 2010 University of Richmond Law School

Foreword, Daniel T. Murphy

Richmond Journal of Global Law & Business

In this Forward, Murphy introduces the annual symposium sponsored by the Richmond Journal of Global Law and Business, entitled “A Collision of Authority: The U.S. Constitution and Universal Jurisdiction.” He briefly discusses presentations given by three prominent constitutional law and international law scholars: Dean Erwin Chemerinsky, Professor Mary Ellen O’Connell, and Professor Jeremy Rabkin.


Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin 2010 University of California, Irvine School of Law

Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin

Richmond Journal of Global Law & Business

No abstract provided.


The New Deference-Based Approach To Adjudicating Political Questions In Corporate Ats Cases: Potential Pitfalls And Workable Fixes, Seth Korman 2010 UCLA Law School

The New Deference-Based Approach To Adjudicating Political Questions In Corporate Ats Cases: Potential Pitfalls And Workable Fixes, Seth Korman

Richmond Journal of Global Law & Business

Much has been made of executive-branch attempts to exert control over cases brought against corporations under the Alien Tort Stat- ute. Under the Bush Administration, the executive branch repeatedly sought to influence district court opinions through targeted letters to the court or statements of interest. These letters, frequently written by the State Department legal advisor, sought to convince courts that adjudication of claims against corporate defendants would have an ad- verse effect on U.S. foreign policy, thus triggering the political question doctrine and forcing the courts to rule the claims nonjusticiable. Though some courts have, in fact, deferred entirely ...


Post-Sox Trends In Delistingsand Deregistration, Samuel Wolff, Clarence D. Long IV 2010 Akin Gump Strauss Hauer & Feld LLP

Post-Sox Trends In Delistingsand Deregistration, Samuel Wolff, Clarence D. Long Iv

Richmond Journal of Global Law & Business

No abstract provided.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari 2010 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present our Annual Survey issue, the third issue of the 2009–2010 academic year.


A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel 2010 University of Richmond

A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel

Richmond Journal of Law & Technology

Although not constitutionally required, it has become considerably more commonplace for law enforcement to electronically record a suspect’s custodial interrogation. This includes a complete recording, beginning with the advice of rights and continuing through the end of the interrogation. In fact, society now recognizes it as a useful, if not necessary, tool for law enforcement.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux 2010 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2009–2010 academic year. In this issue, we explore the ever expanding duties of counsel responsible for electronically stored information, the application of 3D imaging technology to improve arson investigation, and the need for expanding copyright protection over the lawless Darknet.


Protecting The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technical World, Francis S. Monterosso 2010 University of Richmond

Protecting The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technical World, Francis S. Monterosso

Richmond Journal of Law & Technology

Of all the sinister things that Internet viruses do, this might be the worst: They can make you an unsuspecting collector of child pornography. Heinous pictures and videos can be deposited on computers by viruses—the malicious programs better known for swiping your credit card numbers. In this twist, it’s your reputation that’s stolen. Pedophiles can exploit virus-infected PCs to remotely store and view their stash without fear they’ll get caught. Pranksters or someone trying to frame you can tap viruses to make it appear that you surf illegal Web sites. Whatever the motivation, you get child ...


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan 2010 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the first issue of the 2010–2011 academic year. This issue addresses topics ranging across the legal and technological spectrums, and tackles subject matter at the forefront and future of legal debate.


Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May 2010 University of Richmond

Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May

Richmond Journal of Law & Technology

Forensic science is undergoing a period of transformation as legal and scientific forces converge and force older forensic sciences toward a new scientific paradigm. Fire investigative undertakings are not an exception to this trend. Skeptical defense attorneys who routinely formulate astute Daubert challenges to contest the scientific validity and reliability of every major forensic science discipline are one catalyst to this revolution. Furthermore, a steady influx of novel scientific advances makes possible the formulation of consistent and scientifically-based quantitative forensic evidence analyses to overcome the “undervalidated and oversold” problems affecting many areas of forensic science.


The Darknet: A Digital Copyright Revolution, Jessica A. Wood 2010 University of Richmond

The Darknet: A Digital Copyright Revolution, Jessica A. Wood

Richmond Journal of Law & Technology

We are in the midst of a digital revolution. In this “Age of Peer Production,” armies of amateur participants demand the freedom to rip, remix, and share their own digital culture. Aided by the newest iteration of file sharing networks, digital media users now have the option to retreat underground, by using secure, private, and anonymous file sharing networks, to share freely and breathe new life into digital media. These underground networks, collectively termed “the Darknet[,] will grow in scope, resilience, and effectiveness in direct proportion to [increasing] digital restrictions the public finds untenable.” The Darknet has been called the ...


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