Implications For Market Efficiency And Damages Analysis Of Plaintiff Interpretations Of Halliburton Ii's Statement That "Market Efficiency Is A Matter Of Degree",
2014
NERA Economic Consulting
Implications For Market Efficiency And Damages Analysis Of Plaintiff Interpretations Of Halliburton Ii's Statement That "Market Efficiency Is A Matter Of Degree", David Tabak
Loyola University Chicago Law Journal
On June 23, 2014, the Supreme Court issued its ruling in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”) that prior case law “affords defendants an opportunity to rebut the presumption by showing, among other things, that the particular misrepresentation at issue did not affect the stock’s market price.”1 While this has generally been considered the key holding, it has not gone unnoticed that the Court affirmed its prior ruling in Basic, Inc. v. Levinson,2 mentioning that the “presumption of reliance thus does not rest on a ‘binary’ view of market efficiency”3 and, referring to the Brief for …
Regarding Re's Revisionism: Notes On 'The Due Process Exclusionary Rule',
2014
University of Chicago Law School
Regarding Re's Revisionism: Notes On 'The Due Process Exclusionary Rule', Albert W. Alschuler
Articles
No abstract provided.
Improving Hipaa Enforcement And Protecting Patient Privacy In A Digital Healthcare Environment,
2014
Clerk for Hon. John Z. Lee
Improving Hipaa Enforcement And Protecting Patient Privacy In A Digital Healthcare Environment, Roger Hsieh
Loyola University Chicago Law Journal
Electronic medical records (“EMRs”) have helped healthcare organizations improve patient care, but EMRs are susceptible to exposing the confidentiality of patients’ medical records to identity thieves and members of the general public. The federal enforcement of patient privacy law—notably the Health Insurance Portability and Accountability Act (“HIPAA”), which was designed to deter and punish breaches of patient privacy—has failed to keep pace with new privacy risks posed by healthcare technology. Although federal legislation now allows state Attorneys General to file suit under HIPAA, for reasons explained in this Article, they too will not enforce HIPAA effectively. Because institutional enforcement of …
A Test By Any Other Name: The Influence Of Justice Breyer's Concurrence In Kiobel V. Royal Dutch Petroleum Co.,
2014
Loyola University Chicago, School of Law
A Test By Any Other Name: The Influence Of Justice Breyer's Concurrence In Kiobel V. Royal Dutch Petroleum Co., Alex S. Moe
Loyola University Chicago Law Journal
In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption against extraterritorial application to the Alien Tort Statute (“ATS”). In doing so, the Court undermined the generally accepted view of the ATS: that it could apply to actions abroad. Applying this presumption severely limited the factual circumstances that could produce a viable ATS claim. The majority opinion carved an exception, permitting extraterritorial ATS claims that “touch and concern” the United States, but declined to set more specific guidelines. In the absence of such guidelines, lower courts have applied the presumption in an overbroad fashion, barring claims that …
Why Congress Adopted The Church Audit Procedures Act And What Must Be Done Now To Restore The Law For Churches And The Irs,
2014
The University of Akron
Why Congress Adopted The Church Audit Procedures Act And What Must Be Done Now To Restore The Law For Churches And The Irs, J. Michael Martin
Akron Tax Journal
This Article explores the significant policy purposes achieved by CAPA through the lens of the law's history and present challenges. Part II reviews the historical context and events leading to the adoption of CAPA in 1984. Part III then describes the present challenges associated with the law due to the failure of Congress and the Treasury Department to rectify the issue of who is an appropriate high-level Treasury official under CAPA. Finally, Part IV concludes with recommended solutions for restoring the law consistent with congressional intent in adopting CAPA-solutions that could easily be achieved through a simple amendment to the …
Helvering V. Gregory: All The Perspectives From Which Learned Hand Was Wrong,
2014
The University of Akron
Helvering V. Gregory: All The Perspectives From Which Learned Hand Was Wrong, Anthony P. Polito
Akron Tax Journal
At a fundamental level, this Article is about interpretation. The best way for a court to remain faithful to a complicated statute reflecting a delicate legislative compromise is to enforce its language literally without introducing extraneous tests or elements that cannot be found in the statutory language. Yet, it is important to be clear that it approaches the question from an ex ante perspective, from where things stood before Learned Hand's famous opinion.
This Article is not a call for the judicial reversal of Hand's opinion. Given the value of the predictability of established expectations as to statutory meaning, stare …
Pfics Gone Wild!,
2014
The University of Akron
Pfics Gone Wild!, Monica Gianni
Akron Tax Journal
This Article begins in Part II with a discussion of what constitutes a passive foreign investment company ("PFIC") and follows in Part III with the tax rules applicable to PFICs. Part IV begins with a general explanation of the goal of tax deferral, with discussion of several anti-deferral tax regimes enacted prior to the PFIC provisions, i.e., Personal Holding Companies ("PHCs"), Foreign Personal Holding Companies ("FPHCs"), Subpart F income of CFCs, Foreign Investment Companies ("FICs"), and Regulated Investment Companies ("RICs"). An understanding of these regimes is necessary to appreciate the genesis of the PFIC rules. Part V analyzes the policy …
What's Mine Is Mine: Taxing Pre-Contribution Gains,
2014
The University of Akron
What's Mine Is Mine: Taxing Pre-Contribution Gains, Rodney P. Mock, Jeffrey Tolin
Akron Tax Journal
This article conducts an analysis of the Internal Revenue Code's varied income tax treatment between depreciated property and appreciated property transferred into C corporations by shareholders in nonrecognition transactions.7 It is at the entry point of the non-recognition transaction where the lobster pot unfairly doubles up on unrecognized gains at both the corporate and shareholder level notwithstanding that unrecognized losses generally remain singular at either level. The authors call into question this long-standing practice of artificial gain duplication upon corporate entry under Subchapter C. From a tax policy perspective, such disparate treatment makes little sense - particularly when the duplicated …
Evaluating Trickle Down Charity,
2014
Case Western University School of Law
Evaluating Trickle Down Charity, Matthew Rossman
Faculty Publications
As our nation's philanthropic sector becomes more entrepreneurial, ambitious and influenced by the private sector, longstanding legal standards on what constitutes “charity” struggle to stay relevant. More and more often, organizations that seek classification by the Internal Revenue Service as a Section 501(c)(3) charity (and the substantial public subsidy that this status unlocks) are not the soup kitchens and homeless shelters of yesteryear, but highly sophisticated ventures which accomplish their missions in ways that are less obviously charitable. In no case is this more true than in the recent widespread emergence of nonprofit organizations whose primary activity is providing direct …
Volume 46 Issue 3,
2014
Case Western Reserve University School of Law
Volume 46 Issue 3, Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
A Conversation With The Chief Prosecutor Of United States Military Commissions,
2014
Case Western Reserve University School of Law
A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General
Case Western Reserve Journal of International Law
No abstract provided.
A Reflection On Innovations In The Security Council: The International Tribunals, Counterterrorism, And The Office Of The Ombudsperson,
2014
Case Western Reserve University School of Law
A Reflection On Innovations In The Security Council: The International Tribunals, Counterterrorism, And The Office Of The Ombudsperson, Hon. Kimberly Prost
Case Western Reserve Journal of International Law
No abstract provided.
Twenty-First-Century Problems -- Twentieth-Century International Law,
2014
Case Western Reserve University School of Law
Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh
Case Western Reserve Journal of International Law
No abstract provided.
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law,
2014
Case Western Reserve University School of Law
A War Crimes Tribunal For Sri Lanka? Examining The Options Under International Law, Nihal Jayasinghe, Daley J. Birkett
Case Western Reserve Journal of International Law
No abstract provided.
Foreign Assistance At Home: Increasing Usaid Accountability Through Victim Participation Rights In The Foreign Assistance Act,
2014
Case Western Reserve University School of Law
Foreign Assistance At Home: Increasing Usaid Accountability Through Victim Participation Rights In The Foreign Assistance Act, Shefali Saxena
Case Western Reserve Journal of International Law
No abstract provided.
After Artyom: How Efforts To Reform U.S.-Russia Adoption Failed, And What Russia Must Now Do To Ensure The Welfare Of Her Orphans,
2014
Case Western Reserve University School of Law
After Artyom: How Efforts To Reform U.S.-Russia Adoption Failed, And What Russia Must Now Do To Ensure The Welfare Of Her Orphans, Sarah Gatti
Case Western Reserve Journal of International Law
No abstract provided.
Tourism At Unesco World Heritage Sites: Protecting Global Treasures And The Travelers Who Seek Them,
2014
Case Western Reserve University School of Law
Tourism At Unesco World Heritage Sites: Protecting Global Treasures And The Travelers Who Seek Them, Joann Vrabel
Case Western Reserve Journal of International Law
No abstract provided.
The Right To Appeal,
2014
Case Western Reserve University School of Law
Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya,
2014
Case Western Reserve University School of Law
Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya, Rosemelle Mutoka Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Foreword: End Game! An International Conference On Combating Maritime Piracy,
2014
Case Western Reserve University
Foreword: End Game! An International Conference On Combating Maritime Piracy, Michael P. Scharf, Matthew E. Carlton
Case Western Reserve Journal of International Law
No abstract provided.
