Digital Commons Network^™

Nine Shibboleths Of The New Federalism, Marci A. Hamilton

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No abstract provided.

The Discovery Of Cepheids And A New Distance To Ngc 2841 Using The Hubble Space Telescope, L. M. Macri, P. B. Stetson, G. D. Bothun, W. L. Freedman, P. M. Garnavich, S. Jha, B. F. Madore, Michael W. Richmond

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We report on the discovery of Cepheids in the spiral galaxy NGC2841, based on observations made with the Wide Field and Planetary Camera 2 on board the Hubble Space Telescope. NGC2841 was observed over 12 epochs using the F555W filter, and over 5 epochs using the F814W filter. Photometry was performed using the DAOPHOT/ALLFRAME package. We discovered a total of 29 variables, including 18 high-quality Cepheids with periods ranging from 15 to 40 days. Period-luminosity relations in the V and I bands, based on the high-quality Cepheids, yield a reddening-corrected distance modulus of 30.74 ± 0.23 mag, which corresponds to …

Tax Competition And E-Commerce, Reuven S. Avi-Yonah

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In the last four years, there has been increasing concern by developed countries about the potential erosion of the corporate income tax base by "harmful tax competition" (in the European Union since 1997, in the OECD since 1998). However, the data on tax competition available to date present a mixed and somewhat puzzling picture. On the one hand, there is considerable evidence that effective corporate income tax rates in many countries have been declining, and that the worldwide effective tax rates on multinational enterprises (MNEs) have been going down as well. On the other hand, macroeconomic data from developed countries …

A Measure Of Freedom, James W. Nickel

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No abstract provided.

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert

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In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …

Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

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The article advocates for federal legislation to address the wrongful conviction of innocent individuals, particularly through postconviction DNA testing. It emphasizes the urgent need for legal reforms to ensure access to DNA testing for all inmates, regardless of their sentence, and highlights the importance of preserving biological evidence, providing adequate funding for competent counsel, and leveraging technological advancements in DNA testing to exonerate the innocent and improve the criminal justice system.

Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky

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The Supreme Court generally conditions tax exemptions, deductions, and exclusions for religious organizations and activities upon the simultaneous extension of such benefits to secular institutions and undertakings. The Court's position flows logically from its acceptance of the premise that tax exemptions, deductions, and exclusions constitute subsidies. However, the "subsidy" label is usually deployed in a conclusory and unconvincing fashion. The First Amendment is best understood as permitting governments to refrain from taxation to accommodate the autonomy of religious actors and activities; hence, tax benefits extended solely to religious institutions should pass constitutional muster as recognition of that autonomy.

Grace In The Fiction Of Graham Greene, Eamon Maher

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No abstract provided.

Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton

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No abstract provided.

On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider

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The one hundredth anniversary of the Kyoto University Faculty of Law is the kind of splendid occasion when, as Justice Oliver Wendell Holmes remarked, a distinguished institution "becomes conscious of itself and its meaning." I can hardly express my pleasure at being invited to join in your celebration; but I must express my fear that I can add little to it. When Dean Tanaka kindly invited me, I should probably have declined, for I, a foreigner, can hardly know enough about an institution so central to the life of its country and its profession to speak of it and its …

Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky

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In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.

Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky

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The increasing tendency of large employers to convert their traditional defined benefit pension plans to the cash balance format has engendered substantial controversy, both within the qualified plan community and among the general public. The rise of "new comparability" plans has yet to generate the same level of popular or political concern, perhaps because such plans have largely been embraced by smaller employers. However, among pension mavens, new comparability has occasioned strong supporters and equally firm detractors.

In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles

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Legal economists are concerned with setting optimal deterrence levels. Armed with information concerning the public and private costs and benefits of a particular harmful activity, the legal economist seeks to set a “price” for the activity which, to some socially optimal extent, minimizes external costs while retaining external benefits. If the economist's information is perfect, he can predict precisely how an economically rational actor will respond to a particular price and achieve optimal deterrence of activities whose costs outweigh their benefits.

The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky

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No abstract provided.

Ccd Speckle Observations Of Binary Stars From The Southern Hemisphere. Iii. Differential Photometry, Elliott P. Horch, Zoran Ninkov, Otto Franz

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Two hundred seventy-two magnitude difference measures of 135 double star systems are presented. The results are derived from speckle observations using the Bessel V and R passbands and a fast readout CCD camera. Observations were taken at two 60 cm telescopes, namely the Helen Sawyer Hogg Telescope, formerly at Las Campanas, Chile, and the Lowell-Tololo Telescope at the Cerro Tololo Inter- American Observatory, Chile. The data analysis method is presented and, in comparing the results to those of Hipparcos as well as to recent results using adaptive optics, we find very good agreement. Overall, the measurement precision appears to be …

The Elusive Safeguards Of Federalism, Marci A. Hamilton

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The Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. The Court has been attacked for overstepping its bounds and, by some, on the grounds that the federalism-state balance should be maintained through the political process rather than judicial review. This criticism of the judicial enforcement of federalism fails as a matter of constitutional history and on empirical grounds. The Supreme Court in this era deserves praise, not criticism, for its recent federalism jurisprudence.

Free? Exercise, Marci A. Hamilton

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No abstract provided.

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

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Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.

Reading The Clean Air Act After Brown & Williamson, Michael Herz

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No abstract provided.

Catholicism And National Identity In The Works Of John Mcgahern, Eamon Maher

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No abstract provided.

Economics V. Equity Ii: The European Experience, Stephen M. Johnson

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Lawmakers in the European Union and its member states, like their counterparts in the United States, increasingly are using economic tools to protect the environment while reducing their focus on command and control regulation. The reliance on economic approaches to environmental protection may disproportionately impact low income and minority communities. Although evidence of environmental injustice in Europe is not as strong as in the United States, several recent studies demonstrate that traditional environmental protection measures in Europe have disproportionately funneled pollution to low income communities. Economic-based environmental measures can only exacerbate that trend.

Private Plaintiffs, Public Rights: Article Ii And Environmental Citizen Suits, Stephen M. Johnson

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This Article will focus on the Take Care Clause of Article II, the most serious of the Article II challenges to the environmental citizen suit provisions. Justice Scalia and legal commentators have argued that Article II prohibits a citizen from suing to enforce federal laws unless the citizen has suffered a concrete and personal ("individuated") injury as a result of the action that he is challenging. Professor Cass Sunstein and others have dissented, and have suggested that Congress can authorize citizens to sue to enforce federal laws even when the citizens have not suffered individuated injuries.

The first Part of …

Kyllo V. United States And The Partial Ascendance Of Justice Scalia's Fourth Amendment, Richard Henry Seamon

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No abstract provided.

Professionalism, Oversight, And Institution-Balancing: The Supreme Court's "Second Best" Plan For Political Debate On Television, Lili Levi

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Televised political debates have become a staple of modern elections. Proponents of open access to such debates argue that third party participation is a democratic necessity. They see as catastrophic the Supreme Court's decision in Arkansas Educational Television Commission v. Forbes, in which a state broadcaster was given the discretion to exclude a minor party candidate from a televised debate so long as the decision was viewpoint-neutral. This Article reads the Court's decision as a functional, "second best" solution that seeks to mediate the expressive and democratic values implicated in both open and closed access models. More generally, the …

When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig

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No abstract provided.

Conjunction And Aggregation, Saul Levmore

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No abstract provided.

Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen

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No abstract provided.

Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry

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No abstract provided.

Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette

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No abstract provided.

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

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No abstract provided.