Digital Commons Network^™

The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck

Faculty Scholarship

The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …

Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James M. Puckett

Faculty Scholarship

The Supreme Court’s decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …

A Conversation On Judicial Decision Making, Robin Cooper Feldman

Faculty Scholarship

No abstract provided.

Clarifying Costs Can Increased Price Transparency Reduce Healthcare Spending?, Jaime S. King, Morgan A. Muir, Stephanie A. Alessi

Faculty Scholarship

No abstract provided.

Structural Impediments To Tax Reform The Environment As Case Study, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Incubator Cities: Tomorrow's Economy, Yesterday's Start-Ups, Abraham Cable

Faculty Scholarship

Venture development funds (“VDFs”) are products of state and local government law that use public funds to invest in local start-ups, in the hope that these companies will then attract venture capital investment. Existing analysis by legal scholars largely assumes that establishing a private venture capital market is essential to encouraging entrepreneurship. This article challenges that assumption. It argues that VDFs and other policies focused on encouraging venture capital are outmoded and inconsistent with the ultimate economic development goals of state and local governments.

In many industries, entrepreneurs can now get by with less capital because the cost of developing …

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Federal Arbitration Act Preemption, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee

Faculty Scholarship

No abstract provided.

Just A ‘Bubble’? Perspectives On The Enforcement Of International Criminal Law By National Courts, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law, Brian E. Gray

Faculty Scholarship

No abstract provided.

Paved With Good Intentions: Sentencing Alternatives From Neuroscience And The Policy Of Problem-Solving Courts, Emily R. Murphy

Faculty Scholarship

No abstract provided.

Re-Democratizing Palestinian Politics, George Bisharat

Faculty Scholarship

No abstract provided.

The Daubert Revolution And The Birth Of Modernity Managing Scientific Evidence In The Age Of Science, David L. Faigman

Faculty Scholarship

No abstract provided.

Bomb Throwing, Democratic Theory, And Basic Values - A New Path To Procedural Harmonization?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Procedural Postcard From America, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Rulemakers' Laments, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Shoes That Did Not Drop, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Dividing Sovereignty In Tribal And Territorial Criminal Jurisdiction, Zachary S. Price

Faculty Scholarship

No abstract provided.

Death Row Economics The Rise Of Fiscally Prudent Anti Death Penalty Activism, Hadar Aviram, Ryan Newby

Faculty Scholarship

No abstract provided.

Representing The Poor Legal Advocacy And Welfare Reform During Reagan's Gubernatorial Years, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

Copyright False Positives, Ben Depoorter, Robert Kirk Walker

Faculty Scholarship

No abstract provided.

The Right Forum, The Right Issue: Initiatives And Family Values, Matt Coles

Faculty Scholarship

No abstract provided.

Hydropower: It's A Small World After All, Gina S. Warren

Faculty Scholarship

Global warming is here. As exhibited by the recent droughts, heat waves, severe storms, and floods, climate change is no longer a question for the future, but a reality for the present. Of the many ways to help combat climate change, this Article discusses the use of the most abundant renewable energy source on the plant-water. While it is unlikely that large, conventional hydropower will see any significant development in the near future, technologies have advanced so as to allow for the generation of a substantial amount of electricity from small hydropower facilities, including conduit and hydrokinetic projects. These technologies …

Global Governance In The Information Age: The Terrorist Finance Tracking Program, Hannah Bloch-Wehba

Faculty Scholarship

Europe has long been deemed "more protective" of privacy than the United States. In the context of transatlantic cooperation in the war on terrorism, divergences in privacy law and policy have become ever more apparent. As has always been the case, the same technologies that pose new and vital privacy issues with regard to personal information and private data are those that are important sources for government actors, including law enforcement and intelligence agencies. Despite the increasing reliance by national agencies on information flowing from other nations, regulation of information transfer, processing and sharing has been achieved largely outside of …

Pooling Clauses And Statutes, Gina S. Warren, Mark G. Walston

Faculty Scholarship

Pooling is a tool used to bring together small or irregular tracts of land or mineral interests to form one drilling unit for the purposes of oil or gas production. In general, pooling can be accomplished in a variety of ways, including separate pooling agreements, community leases, voluntary pooling clauses within leases, and compulsory pooling statutes. For purposes of this article, we will be focusing on voluntary pooling lease clauses and compulsory pooling statutes.

This article will discuss the requirements for valid pooling under a voluntary lease provision, briefly outline how royalties are distributed for pooled units, and discuss remedies …

Building The Ladder: Three Decades Of Development Of The Chinese Patent System, Peter K. Yu

Faculty Scholarship

In the past three decades, China has been very successful in developing its patent system. In 2012, the country is among the top five countries filing patent applications through the Patent Cooperation Treaty, behind only the United States, Japan and Germany. Among all the applicants, ZTE Corp. and Huawei Technologies had the largest and fourth largest number of PCT applications, respectively. With significant backing from the Chinese government and the anticipated involvement of the world's largest public sector, China will likely catch up with the existing intellectual property powers more quickly than many have anticipated.

Written for a special issue …

International Corporate Bribery And Unilateral Enforcement, William Magnuson

Faculty Scholarship

This Article explores how unilateral action to regulate international corporate bribery can serve as a partial substitute for multilateral action. The standard ac-count generally assumes that domestic efforts to com-bat international corporate bribery disadvantage domestic corporations and create a structural impediment to broader multilateral cooperation. This model, however, underestimates the extent to which states can and do regulate international corporate bribery through unilateral action, and in particular, through the enforcement of domestic laws against foreign actors. This Article argues that the extraterritorial enforcement of the Foreign Corrupt Practices Act (FCPA) has created a strong incentive for foreign corporations to comply …

Cases And Controversies: Some Things To Do With Contracts Cases,, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Challenges For Λcdm And Mond, Stacy S. Mcgaugh

Faculty Scholarship

The Universe on large scales is well described by the ΛCDM cosmological model. There however remain some heavy clouds on our global understanding, especially on galaxy scales, which we review here. While some of these clouds might perhaps disappear through small compensatory adjustments of the model, such as changing the mass of the dark matter particles or accounting better for baryonic physics, others should rather be taken as strong indications that the physics of the dark sector is, at the very least, much richer and complex than currently assumed, and that our understanding of gravity and dynamics might also be …

Deference To Congressional Factfinding In Rights-Enforcing And Rights-Limiting Legislation, William D. Araiza

Faculty Scholarship

No abstract provided.