Digital Commons Network^™

Tales Of Two Regimes For Regulating Limited Liability Law Firms In The Us And Australia: Client Protection And Risk Management Lessons, Susan Saab Fortney

Faculty Scholarship

This essay contrasts the regimes that allow limited liability partnerships in the US and fully incorporated legal practices in Australia. The essay argues that Australia has taken advantage of an opportunity to develop innovative and necessary regulation of law firm ethical infrastructure with the introduction of incorporated legal practices, but the United States has not yet adequately addressed the consumer and ethical risks of limited liability partnerships. This essay raises the issue of whether Australia’s requirement that incorporated law firms should implement “appropriate management systems” to ensure ethical conduct is a model that could fruitfully be applied to all law …

Milky Way Mass Models And Mond, Stacy S. Mcgaugh

Faculty Scholarship

Using the Tuorla-Heidelberg model for the mass distribution of the Milky Way, I determine the rotation curve predicted by MOND (modified Newtonian dynamics). The result is in good agreement with the observed terminal velocities interior to the solar radius and with estimates of the Galaxy's rotation curve exterior thereto. There are no fit parameters: given the mass distribution, MOND provides a good match to the rotation curve. The Tuorla-Heidelberg model does allow for a variety of exponential scale lengths; MOND prefers short scale lengths in the range 2.0 kpc ≲ Rd ≲ 2.5 kpc. The favored value of Rd depends …

Zappers And Phantomware: Are State Tax Administrators Listening Now?, Richard Thompson Ainsworth

Faculty Scholarship

When the Federation of Tax Administrators (FTA) held a national Compliance and Education Workshop in Louisville, Kentucky (February 25-27, 2001) one of the invited speakers was Kevin Pratt, Manager, Underground Economy, Canadian Customs and Revenue Authority (CCRA). He spoke on Zappers.

To the best of anyone's present recollection, this was the first time zappers had been discussed with a large group of state-level US tax compliance professionals. However, most of the information that the CCRA presented to the FTA in 2001 was not its own - it was derivative. Zapper investigations were not an in-house specialty of the CCRA (although …

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Insuring Corporate Crime, Miriam Baer

Faculty Scholarship

No abstract provided.

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Controversy Reemerges Over Hiring, Review Of Immigration Judges, Gabriel Pacyniak

Faculty Scholarship

Nearly two years after former Attorney General Alberto R. Gonzales proposed a slate of reforms to quell growing discontent over the quality of decisions from Immigration Judges and the Board of Immigration Appeals (BIA), a series of critical reports this summer thrust the nation's immigration courts back in the national spotlight.

A Sesquicentennial Historic Analysis Of Dynes V. Hoover And The Supreme Court’S Bow To Military Necessity: From Its Relationship To Dred Scott V. Sanford To Its Contemporary Influence, Joshua E. Kastenberg

Faculty Scholarship

This Article is a legal history of a case cited by the Court thirty-six times in determining issues ranging from military jurisdiction over war crimes to the shaping of how the military punitively governs its own members. That is, this Article analyzes the ideologies of the proponents of Dynes, and what those proponents hoped to achieve, as well as how the case has evolved to influence military law to the present day. Part I provides a synopsis of the pre-Civil War development of military law, as well as the factual background and ultimate decision in Dynes. Part II analyzes the …

Book Review: Lincoln And The Court By Brian Mcginty, Joshua E. Kastenberg

Faculty Scholarship

This book is unique in its approach and topic. Its quality ranks with other recent works on Lincoln and the Civil War such as Doris Kearns Goodwin's Team of Rivals, despite its minor shortcomings. The real winner in this book is the reader. Anyone interested in the expansion of military law, particularly in the post-9/ 11 world, will find great merit in McGinty's work.

El Dia De Los Muertos, The Death And Rebirth Of The Environment Movement, Eileen Gauna

Faculty Scholarship

In 2004, in response to an article titled Death of Environmentalism, many in the environmental community engaged in a debate about whether the environmental movement was capable of adequately inspiring the public to effectively respond to climate change. This Article examines the strand of this debate that centered upon responses from environmental justice actors to the larger environmental community. Specifically, the ensuing conversations raised questions about who, precisely, is the environmental community, what is its historical legacy, how should the environment be conceptualized to promote more effective climate policy, the role of technocratic solutions, and the need for transformative coalition …

Cultural Relics, Intellectual Property, And Intangible Heritage, Peter K. Yu

Faculty Scholarship

In recent years, the protection of traditional knowledge and cultural expressions has received widespread international attention. In 2003, delegates of 190 countries adopted the Convention on the Safeguarding of Intangible Cultural Heritage. Two years later, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions was adopted under the auspices of UNESCO. In 2007, the General Assembly of the United Nations adopted the Declaration on the Rights of Indigenous Peoples. In addition, there are active developments to strengthen protection of traditional knowledge and cultural expressions in the areas of international trade, intellectual property, and biological diversity. Taken …

Zappers And Phantomware: The Need For Fraud Prevention Technology, Richard Thompson Ainsworth

Faculty Scholarship

There is a demand-market for technology that facilitates tax fraud. By all accounts the providers in this market are working in a growth industry.

In the short term this is bad news for those concerned with tax policy and information privacy. In the long term however, the fight against technology-assisted fraud is stimulating the development of a more robust technology base within tax administrations, and this is good news for those who believe that a sophisticated technological infrastructure is needed to resolve difficult questions of tax design.

This paper focuses on two technology-accelerants of SME tax fraud - zappers and …

Fritz, Christian G.: American Sovereigns: The People And America's Constitutional Tradition Before The Civil War (Book Review), William E. Kelly

Faculty Scholarship

No abstract provided.

The Eu Challenge To The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Eu Challenge To The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu

Faculty Scholarship

Most discussions on the public health implications of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights focus on the right of less developed countries to issue compulsory licenses and the need for these countries to exploit flexibilities within the TRIPs Agreement. However, there are other means by which countries can enhance access to essential medicines. To provide an illustration of these other means, this article explores the possibility for greater collaboration among the BRICS countries (Brazil, Russia, India, China, and South Africa) and between these countries and other less developed countries.

This article begins by offering a brief …

The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort

Faculty Scholarship

When water decisions are made, water lawyers are central fi gures, and decisions are made within the framework of the governing institutions. In this essay, I discuss legal education and the training of a water lawyer. Students from other disciplines may seek out legal education, so approaches to their education are considered.

Association Of Intervention Outcomes With Practice Capacity For Change: Subgroup Analysis From A Group Randomized Trial, Mary Ruhe, Sharon Weyer, Kurt C. Stange

Faculty Scholarship

Abstract. Background. The relationship between health care practices' capacity for change and the results and sustainability of interventions to improve health care delivery is unclear. Methods. In the setting of an intervention to increase preventive service delivery (PSD), we assessed practice capacity for change by rating motivation to change and instrumental ability to change on a one to four scale. After combining these ratings into a single score, random effects models tested its association with change in PSD rates from baseline to immediately after intervention completion and 12 months later. Results. Our measure of practices' capacity for change varied widely …

Detecting Lies Using Demeanor, Bias, And Context, Max J. Minzner

Faculty Scholarship

This article provides a brief discussion of the divide between judges and academics in their opinion of the accuracy of legal credibility decisions and the role of demeanor evidence in making those determinations. Biases about witness credibility and context play a large role in determining whether deception will be caught. The article then examines decisions about deception by juries and by law enforcement regarding cooperating witnesses and situations where the defendant or a suspect is the witness. In conclusion, this article reflects on decisions about deception within the context of social science.

Asr From A Legal Perspective, Denise D. Fort

Faculty Scholarship

No abstract provided.

A Few Remodeling Projects Make Major Impact: The University Of New Mexico School Of Law Librarys New Reading Room, Reference Desk, And Classroom Reflect The Library As A Vibrant Activity Hub, Carol A. Parker

Faculty Scholarship

The University of New Mexico School of Law Library in Albuquerque recently undertook several major and minor remodeling projects. These included creating the Governor Bruce King Archives and Reading Room inside the law library, remodeling our 35-year-old reference and access services desk, creating a classroom within the law library, and replacing carpeting and furniture. Thanks to these updates, the law library went from appearing a little drab and run-down to looking like the colorful, vibrant hub of activity it really is. This article is also available at: http://www.aallnet.org/products/pub_sp0805/pub_sp0805_Impact.pdf. Additional remodeling photographs are available on pp. 9-11 at: http://www.aallnet.org/products/pub_sp0805/pub_sp0805_MoreArch.pdf.

Non-Signatories And The New York Convention, William W. Park

Faculty Scholarship

In the context of arbitrations subject to the New York Convention, the term ,non-signatory' might evoke several lines of inquiry. Must commitments to arbitrate be signed? What legal framework guides decision-making about who agreed to arbitrate? How should courts monitor an arbitrator's assertion of jurisdiction over someone who never signed an arbitration agreement?

The second of these matters - rules about who agreed to arbitrate - will retain our attention in this paper. While few commentators deny that arbitration rests on consent,¹ less unanimity exists about what exactly constitutes such consent when one side contests that it ever waived …

What's In A Name? (With Apologies To William Shakespeare): The Serials Section's Name Change And Other Alcts Trends And Initiatives, Pamela Bluh

Faculty Scholarship

What’s in a name? It helps to establish identity. A name conveys reputation or authority. This presentation discusses the factors that influenced the recent decision to change the name of the ALCTS Serials Section and then examines the challenges facing ALCTS as it strives to become the “recognized dynamic leader … [for] all information resources.”

Mass Models For Low Surface Brightness Galaxies With High-Resolution Optical Velocity Fields, Stacy S. Mcgaugh

Faculty Scholarship

We present high-resolution optical velocity fields from DensePak integral field spectroscopy, along with derived rotation curves, for a sample of low surface brightness galaxies. In the limit of no baryons, we fit the NFW and pseudoisothermal halo models to the data and find the rotation curve shapes and halo central densities to be better described by the isothermal halo. For those galaxies with photometry, we present halo fits for three assumptions of the stellar mass-to-light ratio, Υ*. We find that the velocity contribution from the baryons is significant enough in the maximum disk case that maximum disk and the NFW …

What If Samuel D. Warren Hadn't Married A Senator's Daughter: Uncovering The Press Coverage That Led To The Right To Privacy, Amy Gajda

Faculty Scholarship

No abstract provided.

Lawyers With Disabilities: L'Handicape C'Est Nous, Anita Bernstein

Faculty Scholarship

No abstract provided.

Myths And Realities Of The Palestinian Refugee Problem: Reframing The Right Of Return, Susan M. Akram

Faculty Scholarship

The essay discusses elements of the Palestinian refugee problem that are found in numerous mass refugee situations in Africa, Central America, Asia and Europe. What remains unique about the Palestinian refugee problem is the persistent and severe denial of international protection, the lack of access both to a durable solution and to the mechanisms for implementing a durable solution -- minimum protection guarantees that are available to other refugee populations. This paper describes the main legal issues underlying the Palestinian refugee question, examining and deconstructing several of the key arguments surrounding the rights and principles involved in the refugee problem. …

Private Investment Funds: Hedge Funds' Regulation By Size, Tamar Frankel

Faculty Scholarship

This Article focuses on hedge funds-a species of private investment funds. These funds appeared in the 1950s and remained active but small. Then, in a fairly short period, they grew enormously to over $1.5 trillion, although the estimates vary.¹ Hedge fund managers engage in more than twenty-five different categories of investment strategies.² Since 2002, the number of hedge funds has more than doubled to an estimated 9,000 funds,³ and their assets have grown by 400% to an estimated $1.4 trillion since 1999.⁴ Other estimates are higher, suggesting current hedge fund assets at $2 trillion and their …

The Private Enforcement Of Immigration Laws, Huyen Pham

Faculty Scholarship

To be sure, the lion's share of immigration enforcement still rests with government authorities. But there is a growing trend to shift some enforcement responsibilities onto private parties. With the passing of the Immigration Reform and Control Act of 1986 (IRCA), Congress took the significant step of requiring employers to check the immigration status of all employees in order to verify their work eligibility. For the first time nationwide, private parties were required to deny a benefit--here, employment--based on immigration status. In effect then, IRCA required employer's to enforce the employment provisions of federal immigration laws. medical care providers, and …

Health State Valuation In Mild To Moderate Cognitive Impairment: Feasibility Of Computer-Based, Direct Patient Utility Assessment, Neal V. Dawson, Mendel E. Singer, Marian B. Patterson, Susie A. Sami, Iahn Gonsenhouser, Heather A. Lindstrom, Kathleen A. Smyth, Melissa Barber Butson, Peter J. Whitehouse

Faculty Scholarship

Background. Most patients with dementia will, at some point, need a proxy health care decision maker. It is unknown whether persons with various degrees of cognitive impairment can reliably report their health-related preferences. Methods. The authors performed health state valuations (HSVs) of current and hypothetical future health states on 47 pairs of patients with mild to moderate cognitive impairment and their caregivers using computer-based standard gamble, time tradeoff, and rating scale techniques. Results. Patients' mean (SD) age was 74.6 (9.3) years. About half of the patients were women (48%), as were most caregivers (73%), who were on average younger (mean …