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El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado 2009 Seattle University

El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado

Colin Crawford

The articles collected in this volume critically examine the hegemony of market fundamentalism in law, politics, and social theory. They question the underlying premises of market fundamentalism as well as the social, economic, cultural and environmental consequences of policies inspired by this ideology. The authors represent several disciplines (law, economics, anthropology) and various countries (Argentina, Brazil, Colombia, Mexico, the United States, and Venezuela). The topics covered include free trade agreements, Argentina's financial crisis, deregulation in Brazil, the judicial enforcement of economic and social rights, climate change, and the impact of trade liberalization on violence against women. The articles were ...


Integrating Iras With Snts, Thomas E. Simmons 2009 University of South Dakota School of Law

Integrating Iras With Snts, Thomas E. Simmons

Thomas E. Simmons

What happens when a client's IRA (or qualified retirement plan) names a third party supplemental needs trust (SNT) as a beneficiary? From a tax perspective, the result might not be pretty. The difficulty in integrating an SNT with an IRA lies in the "see through trust" rules which must be observed in order to qualify for beneficial income tax treatment.


Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons 2009 University of South Dakota School of Law

Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons

Thomas E. Simmons

A "pooled trust" -- or a (d)(4)(c) trust -- is unique in several ways: (a) A pooled trust is not restricted to individuals under age 65 (although this is under challenge in certain states); (b) A pooled trust can be established by the individual himself/herself; and (c) The at-death "payback" requirement to satisfy the Medicaid lien at a beneficiary's death is stated differently than the payback requirement of a (d)(4)(A) (or "payback") trust. Trusts in other states other my own state of South Dakota have been established to qualify for the special pooled trust benefits. In ...


How Do (And Should) Competition Authorities Treat A Dominant Firm’S Deception?, Maurice E. Stucke 2009 University of Tennessee

How Do (And Should) Competition Authorities Treat A Dominant Firm’S Deception?, Maurice E. Stucke

Maurice E Stucke

This Article discusses deception and its potential anticompetitive effects. Since deception lacks any redeeming ethical, moral, or economic justifications, and trust in the marketplace is paramount, multiple laws seek to deter and punish deception.

Although the U.S. antitrust laws seek to deter acts of unfair competition, which historically included a competitor’s deception, some federal courts, recently have erected hurdles for antitrust plaintiffs injured by a monopolist’s deception. Such hurdles are contrary to the Sherman Act's legislative aim, the common law antecedents of the Sherman Act, and other congressional policies. Moreover, the courts’ legal standards for evaluating ...


Money, Is That What I Want?, Maurice E. Stucke 2009 University of Tennessee

Money, Is That What I Want?, Maurice E. Stucke

Maurice E Stucke

Although the behavioral economics and happiness economic literature are hot areas in legal and economic scholarship, the U.S. policymakers, until recently, have not embraced the literature. That is changing with the financial crisis. Policymakers are re-examining the assumptions underlying many neoclassical economic theories embedded in their policies.

This article addresses one cornerstone of neoclassical economic theory, namely that rational consumers pursue their economic self-interests. It is commonly associated with Adam Smith’s famous statement: “It is not from the benevolence of the butcher, the brewer, or the baker, that we can expect our dinner, but from their regard to ...


Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson 2009 American University Washington College of Law

Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson

Camille Nelson

No abstract provided.


Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser 2009 American University Washington College of Law

Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser

Ezra Rosser

This chapter uses the disastrous allotment experience of Indian tribes to question the transformative power of land-titling for the poor as advocated by Hernando de Soto. For Indians, allotment era land-titling resulted in loss of land and hardship, all reflective of non-Indian desires for the land and an unwillingness to acknowledge the rights of Indians to govern themselves. The chapter ends with a brief discussion of the champas of El Salvador and the potential loss in terms of housing for the poor if de Soto’s ideas are implemented without some protection against sales to the wealthy.


Ahistorical Indians And Reservation Resources, Ezra Rosser 2009 American University Washington College of Law

Ahistorical Indians And Reservation Resources, Ezra Rosser

Ezra Rosser

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.


The Dilution Problem And Other Arguments Against Same-Sex Marriage: How Persuasive Are They?, David Crump 2009 University of Houston Law Center

The Dilution Problem And Other Arguments Against Same-Sex Marriage: How Persuasive Are They?, David Crump

David Crump

Dilution of the symbolism of traditional marriage is one potential adverse result of legislation that would authorize same-sex marriage. This insight results from an analogy to trademark law and provides a new reason, introduced by this article, to be cautious about extending marriage symbolism to same-sex relationships. The diluting effect upon marriage could be similar to the dilution of a trademark, which occurs by the use of the same symbol to identify products diverse from the one bearing the original famous mark. In trademark law, dilution is unlike infringement, which occurs when a symbol is affixed to a competing product ...


Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie 2009 Chapman University School of Law

Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie

Richard E. Redding

Judges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called ...


The Bavarian State Library (Die Bayerische Staatsbibliothek), Jennifer Allison 2009 Pepperdine University

The Bavarian State Library (Die Bayerische Staatsbibliothek), Jennifer Allison

Jennifer Allison

This paper discusses the history of the Bavarian State Library in Munich, from its founding in the 16th century to its current status as one of Europe's leading libraries with over 9 million volumes. It also outlines several aspects of the current state of the library's affairs, including its user profile, service philosophy, and efforts to foster collaborate between libraries and librarian training throughout the state of Bavaria.


Creating A Table Of Contents And A Table Of Authorities In A Microsoft Word Document, Jennifer Allison 2009 Pepperdine University

Creating A Table Of Contents And A Table Of Authorities In A Microsoft Word Document, Jennifer Allison

Jennifer Allison

This document provides step-by-step, illustrated instructions for creating a table of contents and a table of authorities in a Microsoft Word document, using Word's TOC and TOA creation utilities. It explains conceptually and practically how this functionality works. It is designed to instruct law students.


Discovering Canadian Law, Jennifer Allison 2009 Pepperdine University

Discovering Canadian Law, Jennifer Allison

Jennifer Allison

No abstract provided.


Avoiding Misuse Of Donor Advised Funds, Michael Hussey 2009 Widener Law

Avoiding Misuse Of Donor Advised Funds, Michael Hussey

Michael Hussey

No abstract provided.


Corporations That Weren't: The Taxation Of Firm Profits In Historical Perspective, Richard Winchester 2009 Thomas Jefferson School of Law

Corporations That Weren't: The Taxation Of Firm Profits In Historical Perspective, Richard Winchester

Richard Winchester

This article examines the nation’s earliest income tax laws, focusing on the provisions that tax business profits in a way that disregards a firm’s state law business form. Broadly speaking, this practice dates back to the Civil War era, when a firm’s state law business form made no difference in how its profits were taxed. After the adoption of the Sixteenth Amendment, however, Congress decided to give partial tax relief to undistributed corporate profits, largely on the theory that the firm could and would reinvest those profits in its business. But Congress denied that tax relief to ...


The Google Book Settlement And The Fair Use Counterfactual, 2009 Selected Works

The Google Book Settlement And The Fair Use Counterfactual

Matthew Sag

The sprawling Google Book litigation began as a dispute between the search engine colossus and a variety of authors and publishers over the legality of book digitization for the purpose of indexing paper collections and making them searchable. However, through the metamorphic power of class-action litigation, a dispute over mere indexing and search has been transformed into a comprehensive agreement over the future of the book as a digital commodity. Understanding this transformation and its implications is the central ambition of this Article. It does so by comparing the pending (now amended) Google Book settlement to the most likely outcome ...


Mental Stress, Workers Compensation And Equality: Plesner V British Columbia Hydro And Power Authority, Mel Cousins 2009 Glasgow Caledonian University

Mental Stress, Workers Compensation And Equality: Plesner V British Columbia Hydro And Power Authority, Mel Cousins

Mel Cousins

This note discusses the decision of the British Columbia Court of Appeal that restrictions on the right of a person affected by mental stress to recover compensation under the British Columbia workers compensation code were in breach of the equality provisions (s. 15) of the Canadian Charter of Rights. Although (because of the specific facts of the case) the result of the judgement was only that certain provisions of the relevant Policy (13.30) of the Workers Compensation Board were ‘read down’, the implications of the decision cast doubt on the wider restrictions on compensation for mental stress which remain ...


Benefit Overpayments, The Common Law And Human Rights, Mel Cousins 2009 Glasgow Caledonian University

Benefit Overpayments, The Common Law And Human Rights, Mel Cousins

Mel Cousins

This article examines the issue of benefits overpayments in UK social security law. Current estimates put the level of overpayments due to error (as opposed to fraud) at about £2 billion per annum. Concern about his issue has led to the publication of a DWP statement of strategy and an attempt by DWP to use the common law to recover overpaid benefits. The article looks at a number of recent court decisions which have important implications for UK practice.


Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (August-September 2010), Mel Cousins 2009 Glasgow Caledonian University

Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (August-September 2010), Mel Cousins

Mel Cousins

In this update, we look, in particular, at a number of recent decisions of the Court of Human Rights concerning the rights of same-sex couples and the rights of unmarried couples (Yiğit; Manenc; and J.M. v United Kingdom); and several decisions by the Court of Justice concerning free movement and the co-ordination of social security benefits, including cross-border access to health care and family benefits.


Secretary Of State For Work And Pensions V. Sister Is, Mel Cousins 2009 Glasgow Caledonian University

Secretary Of State For Work And Pensions V. Sister Is, Mel Cousins

Mel Cousins

This case before the Upper Tribunal concerned the rules of the state pension credit (SPC) which, in effect, provide that ‘members of religious orders’ who are ‘fully maintained by their order’ have no entitlement to a state pension credit. As the Three-Judge Panel pointed out this is the rule ‘regardless of the actual amount of their income or their other circumstances’. The case concerned both the interpretation of these two phrases and – assuming the Panel found that they applied to the claimants – the compatibility of such an approach with the European Convention on Human Rights (the Convention issue).


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