Digital Commons Network^™

Developmental Jurisprudence, Emily Buss

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No abstract provided.

Linguistic Relativism And The Decline Of The Rule Of Law, Richard A. Epstein

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No abstract provided.

The Scrivener's Error, Ryan D. Doerfler

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No abstract provided.

Marriage Is On The Decline And Cohabitation Is On The Rise: At What Point, If Ever, Should Unmarried Partners Acquire Marital Rights?, Lawrence W. Waggoner

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This article draws attention to the cultural shift in the formation of families that has been and is taking place in this country: Marriage is on the decline and cohabitation is on the rise. Part II documents this cultural shift by using recent government data to trace the decline of marriage and the rise of cohabitation. Between 2000 and 2010, the population grew by 9.71%, but the husband-and-wife households only grew by 3.7%, while the unmarried-couple households grew by 41.4%. Because of the Supreme Court's decidion in Obergefell v. Hodges, marriage is now universally available to same-sex couples. Part …

Carrot Or Stick? The Shift From Voluntary To Mandatory Disclosure Of Risk Factors, Karen K. Nelson, Adam C. Pritchard

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This study investigates risk factor disclosures, examining both the voluntary, incentive-based disclosure regime provided by the safe harbor provision of the Private Securities Litigation Reform Act as well as the SEC's subsequent mandate of these disclosures. Firms subject to greater litigation risk disclose more risk factors, update the language more from year to year, and use more readable language than firms with lower litigation risk. These differences in the quality of disclosure are pronounced in the voluntary disclosure regime, but converge following the SEC mandate as low-risk firms improved the quality of their risk factor disclosures. Consistent with these findings, …

Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman

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Some years before his death, when asked which was his favorite among his opinions, Antonin Scalia named Crawford v. Washington. It was a good choice. Justice Scalia's opinion in Crawford reclaimed the Confrontation Clause of the Sixth Amendment to the Constitution and restored it to its rightful place as one of the central protections of our criminal justice system. He must have found it particularly satisfying that the opinion achieved this result by focusing on the historical meaning of the text, and that it gained the concurrence of all but two members of the Court, from all ideological positions.

The Statistical Relevance And Effect Of Assuming Pessimistic Default Overall Thermal Transmittance Coefficients On Dwelling Energy Performance Certification Quality In Ireland, Ciara Ahern, Brian Norton, Bernard Enright

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In the EU, Energy Performance Certificates (EPCs) are issued for dwellings whenever they are constructed, sold or leased. Where requiring data would be prohibitively costly, nationally applicable default-values for the thermal transmittance coefficients of the building envelope are employed. Use of such worst case default U-values ensure that a poor dwelling does not attain a better energy rating than is merited. In the absence of empirical data in Ireland thermal-default U-values, as in many other EU member states, are determined by the type and date of construction and then prevailing building codes. Using 463,582 dwellings representing 32% of the total …

Some Priestly Depictions In The Work Of John Broderick, Eamon Maher

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No abstract provided.

The Positive Law Model Of The Fourth Amendment, William Baude, James Y. Stern

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No abstract provided.

A Fresh Look At Plausibility Pleading, William Hubbard

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No abstract provided.

Training And Developing Non-Irish Workers: The Perspectives Of Interested Stakeholders, Mary Prendergast

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Purpose – This paper aims to explore the challenges facing Irish organisations in the training and development of non-Irish workers. It analyses the importance of fluency in the host country’s language and the approach taken by organisations in relation to language training. In-depth semi-structured interviews provide significant insights for the policies and practices of multiple stakeholders.

Design/methodology/approach – The empirical research comprised 33 in-depth interviews conducted with employers, employees, trade unions and regulatory bodies, and an objective content analysis provided insights into the challenges Irish organisations face in the training and development of non-Irish workers.

Findings – The results indicate …

Profit-Shifting Structures And Unexpected Partnership Status, Jeffrey M. Kadet, David Koontz

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Many U.S.- and foreign-based MNCs that have implemented carefully researched tax strategies to reduce their income taxes are coming under increased scrutiny. Most MNC tax strategies involve businesses they conduct worldwide, but which are managed from the U.S. These strategies have several factors in common:

(i) Companies established in tax havens or otherwise structured to attract little if any tax;

(ii) Intercompany agreements placing commercial risk and intangibles in such companies, thereby shifting profits to such companies;

(iii) Conduct of centralized activities and functions in the U.S. (in addition to group senior management), which are integral to and which critically …

Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw

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This Article analyzes the word “spouse” in the European Union’s Family Migration Directives in detail, focusing on the treatment of married bi-national same-sex couples. Through these directives, the European Union exercises significant authority over family-based immigration and internal migration, expressly providing immigration rights to the “spouses” of E.U. citizens and legal residents. However, family law, including the familial status of “spouses” is governed by individual E.U. member states. While a growing number of member states authorize same-sex marriage, the majority still do not. The E.U., therefore, must determine how to treat migrating couples who are legal spouses in one member …

A Comprehensive Theory Of Civil Settlement, J. J. Prescott, Kathryn E. Spier

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A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement is juxtaposed with trial or some other method of dispute resolution in which a third-party factfinder ultimately picks a winner and announces a score. The “trial versus settlement” trope, however, represents a false choice; viewing settlement solely as a dispute-ending alternative to a costly trial leads to a narrow understanding of how dispute resolution should and often does work. In this Article, we describe and defend a much richer concept of settlement, amounting in effect to a continuum of possible agreements between …

Justice Kennedy And The Fisher Revisit: Will The Irrelevant Prove Decisive?, Richard O. Lempert

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Most Court watchers expect Justice Kennedy to cast the deciding vote when the Supreme Court hands down its decision in this term’s installment of Fisher v. University of Texas at Austin or, as it is colloquially titled, Fisher II. What divides observers is not whose vote will be crucial, but the law that vote will make. At one extreme, Justice Kennedy could vote to uphold the Fifth Circuit’s reaffirmation of its earlier decision. When the case was heard, this would almost certainly have meant affirming the circuit court’s decision by an equally divided Court. (Justice Kagan, an almost certain supporter …

A Cross-Cultural Examination Of Preferences For Work Attributes, Melissa S. Woodard, Jane K. Miller, Daniel Miller, Kirk D. Silvernail, Chun Guo, Sudhir Nair, Mehmet Devrim Aydin, Ana Helosia Da Costa Lemos, Paul Donnelly, Vilmante Kumpikaite, Robert Marx, Linda M. Peters

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Purpose – The purpose of this paper is to examine the relationship between individual- and country-level values and preferences for job/organizational attributes. Design/methodology/approach – Survey data were collected from 475 full-time employees (average of nine years work experience, and three years in a managerial position) enrolled in part-time MBA programs in seven countries. Findings – Preference for a harmonious workplace is positively related to horizontal collectivism, whereas preference for remuneration/advancement is positively related to vertical individualism. The authors also find a positive relationship between preference for meaningful work and horizontal individualism, and between preference for employer prestige and social adjustment …

Antitrust And Wealth Inequality, Daniel Crane

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In recent years, progressive public intellectuals and prominent scholars have asserted that monopoly power lies at the root of wealth inequality and that increases in antitrust enforcement are necessary to stem its rising tide. This claim is misguided. Exercises of market power have complex, crosscutting effects that undermine the generality of the monopoly regressivity claim. Contrary to what the regressivity critics assume, wealthy shareholders and senior corporate executives do not capture the preponderance of monopoly rents. Such profits are broadly shared within and dissipated outside the firm. Further, many of the subjects of antitrust law are middle-class professionals, sole proprietors, …

Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr

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In recent years, scholars and policymakers have devoted considerable attention to the potential consequences of employment noncompetition agreements and to whether legislatures ought to reform the laws that govern the enforcement of these controversial contractual provisions. Unfortunately, much of this interest—and the content of proposed reforms—derives from anecdotal tales of burdensome noncompetes among low-wage workers and from scholarship that is either limited to slivers of the population (across all studies, less than 1%) or relies on strong assumptions about the incidence of noncompetition agreements. Better understanding of the use of noncompetes and effective noncompetition law reform requires a more complete …

The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology, Michel Rosenfeld

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No abstract provided.

Innovation Prizes In Practice And Theory, Michael J. Burstein, Fiona Murray

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Innovation prizes in reality are significantly different from innovation prizes in theory. The former are familiar from popular accounts of historical prizes like the Longitude Prize: the government offers a set amount for a solution to a known problem, like £20,000 for a method of calculating longitude at sea. The latter are modeled as compensation to inventors in return for donating their inventions to the public domain. Neither the economic literature nor the policy literature that led to the 2010 America COMPETES Reauthorization Act — which made prizes a prominent tool of government innovation policy — provides a satisfying justification …

Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder

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Much of the discussion of bitcoin in the popular press has concentrated on its status as a currency. Putting aside a vocal minority of radical libertarians and anarchists, however, many bitcoin enthusiasts are concentrating on how its underlying technology – the blockchain – can be put to use for wide variety of uses. For example, economists at the Fed and other central banks have suggested that they should encourage the evolution of bitcoin’s blockchain protocol which might allow financial transactions to clear much efficiently than under our current systems. As such, it also holds out the possibility of becoming that …

The Role Of The Popes In The Invention Of Complementarity And The Vatican's Anathematization Of Gender, Mary Anne Case

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No abstract provided.

How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Huq

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No abstract provided.

The Management Of Staff By Federal Court Of Appeal Judges, G. Mitu Gulati, Richard A. Posner

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No abstract provided.

The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola

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No abstract provided.

A Comity Of Errors: The Rise, Fall, And Return Of International Comity In Transnational Discovery, Diego Zambrano

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No abstract provided.

Cyclicity Versus Movement: English Nominalization And Syntactic Approaches To Morpho-Phonological Regularity, Jeffrey Punske

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In this paper, I show that Embick’s (2010) cyclic head approach to regular morphology alone cannot account for the freely available variations in the realization of nominalizers in English nominalizations involving overt verbalizers. Instead, I offer an account of the regularity effects using the technology of Local Dislocation (Embick and Noyer 2001, Embick and Marantz 2008, Embick 2007a, 2007b). Using this analysis, I derive both the variable nominalization patterns and the restrictions on particles and results in derived nominals from Sichel (2010). By treating regularity as the by-product of extant morphosyntatic operations, we can better explain the distribution of regular …

Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert

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The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.

In particular, I …

Charging On The Margin, Paul Crane

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No abstract provided.

Social Accountability: Introducing A New Dimension In Optometric Education, Vanessa Raquel Moodley, James Loughman, Kovin Naidoo

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Optometry globally has undergone major developments yet poor eye health statistics remain. The World Health Organization (WHO) cites social accountability as key to addressing health challenges, urging the education sector to be more socially accountable and train according to the needs of society. A qualitative, descriptive study was used to determine the integration of social accountability within optometric education in sub-Saharan Africa. Eleven academic leaders and two student groups participated in key stakeholder interviews and focus group discussions respectively. Data was thematically analysed using interpretive content analysis. The study found that social accountability policies or practices were not formally integrated …