Digital Commons Network^™

Is Equity Compensation Tax Advantaged?, David I. Walker

Faculty Scholarship

Employees who receive stock options and other forms of equity compensation generally are able to defer paying tax on this compensation for years, sometimes decades. In a rising market this deferral results in a tax benefit at the employee level. This article asks whether the employee-level tax benefit in a rising market results in a global tax advantage for companies that rely heavily on equity compensation and their employees. There are two primary issues. First, on initial inspection one might conclude that the employee-level benefit in a rising market is offset by a disadvantage in a stagnant or declining market. …

Is The Work-Family Conflict Pathological Or Normal Under The Fmla? The Potential Of The Fmla To Cover Ordinary Work-Family Conflicts, Katharine B. Silbaugh

Faculty Scholarship

The Family and Medical Leave Act (FMLA) provides relief to workers, helping them in their struggle to meet the sometimes competing demands of work and family. There have been numerous attempts to expand legislation to cover more occasions where work and family obligations are in tension. This Essay will address one way that the courts may be expanding the Act’s application. It will investigate whether this modest interpretive expansion can be explained partially by society’s deeper understanding of the challenges of work-family balance over the ten years since the FMLA’s passage. Have we changed our general understanding of conflicts between …

Parks As Gyms? Recreational Paradigms And Public Health In The National Parks, Jay D. Wexler

Faculty Scholarship

When scholars and policymakers think about the relationship between public health and environmental law and policy, they likely think first about controlling pollution and other toxic substances. As other articles have amply demonstrated, water pollution, air pollution, and other environmental toxins can have significant deleterious effects on the public's health. Scholars rightly pay serious attention to these relationships, and policymakers wisely devise methods and strategies to ameliorate the public health risks posed by these polluting substances.

Although pollution control might be the most obvious and important intersection between environmental policy and public health, legal and policy decisions regarding the management …

Reparations And Equal Opportunity, David B. Lyons

Faculty Scholarship

This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government’s role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores. It sketches a national rectification project, comprising a comprehensive set of public programs that would attack the persisting legacy of slavery and Jim Crow. The programs can be justified by the government’s duty to insure equal opportunity for our society’s children and, most urgently, by corrective justice, because the inequities are attributable …

Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Reparations Decisions And Dilemmas, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

The Emporium Capwell Case: Race, Labor Law, And The Crisis Of Post-War Liberalism, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Globalizing Corporate Governance: Convergence Of Form Or Function, Ronald J. Gilson

Faculty Scholarship

Globalization has led to a remarkable resurgence in the study of comparative corporate governance. This area of scholarship had been largely the domain of taxonomists, intent on cataloguing the central characteristics of national corporate governance systems, and then classifying different systems based on the specified attributes. The result was an interesting, if perhaps somewhat dry, enterprise. We learned that national corporate governance systems differed dramatically along a number of seemingly important dimensions. Some corporate governance systems, notably those of the United States and other Anglo-Saxon countries, are built on the foundation of a stock market-centered capital market. Other systems, like …

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.

Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams

Faculty Scholarship

No abstract provided.

Difficult Decisions During Wartime: A Letter From A Non–Alien In An Internment Camp To A Friend Back Home, Frank H. Wu

Faculty Scholarship

No abstract provided.

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Faculty Scholarship

No abstract provided.

"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Lawyer For The Situation, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

A New Player In The Boardroom: The Emergence Of The Independent Directors' Counsel, Geoffrey C. Hazard Jr., Edward B. Rock

Faculty Scholarship

No abstract provided.

The Several Lives Of Mickey Mouse: The Expanding Boundaries Of Intellectual Property Law, Ben Depoorter

Faculty Scholarship

No abstract provided.

Behind The Process Remembering John Ely's Compassion, Clark Freshman

Faculty Scholarship

No abstract provided.

Social Justice In European Contract Law A Manifesto, Ugo Mattei

Faculty Scholarship

No abstract provided.

Hitting The Maternal Wall-Before They Reach A "Glass Ceiling" In Their Careers, Women Faculty May Hit A "Maternal Wall", Joan C. Williams

Faculty Scholarship

No abstract provided.

The Laudable South Carolina Court Rules Must Be Broadened, Richard Zitrin

Faculty Scholarship

No abstract provided.

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Faculty Scholarship

No abstract provided.

Humanity And The Law, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

An Offer You Can't Revoke, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

The Federal Role In Managing The Nation's Groundwater, John D. Leshy

Faculty Scholarship

No abstract provided.

Natural Resources Policy In The Bush (Ii) Administration: An Outsider's Somewhat Jaundiced Assessment, John D. Leshy

Faculty Scholarship

No abstract provided.

A Property Clause For The Twenty-First Century, John D. Leshy

Faculty Scholarship

No abstract provided.

The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen

Faculty Scholarship

No abstract provided.

Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati

Faculty Scholarship

No abstract provided.

Wither The Udrp: Autonomous, Americanized Or Cosmopolitan?, Laurence R. Helfer

Faculty Scholarship

Recently, assessments of the performance of the Uniform Domain Name Dispute Resolution Policy (UDRP) have stressed the need for institutional and procedural reforms relating to issues such as forum shopping, panel selection, and pleading rules. Far less attention, however, has been paid to a different set of issues critical to assessing the UDRP's performance: its relationship to national courts and to national intellectual property laws. There are three different ways in which this relationship might evolve to change the present structure and functions of the UDRP. First, the UDRP might be made more autonomous in character, transforming it into a …