Digital Commons Network^™

The Almost-Restatement Of Income Tax Of 1954: When Tax Giants Roamed The Earth, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

The New “Human Equity” Transactions, Shu-Yi Oei, Diane M. Ring

Faculty Scholarship

In the past year, a number of new financial transactions (such as the Fantex, Upstart and Pave transactions) have emerged that allow individuals to raise funds by offering a percentage interest in their future earnings. Unlike traditional lending arrangements, these structures essentially enable the funding provider to take a percentage of the recipient’s future return on their human capital for a specified time period, effectively getting the upside if earnings are higher and the downside risk if earnings are lower than anticipated. Such transactions represent a significant departure from traditional forms of lending and pose serious questions for the legal …

Photo Album And Taxonomy Of Benthic Macrobiota And Fish From 2011-2013 Rov Dives On Shelf-Edge Mpas Off Southeastern U.S., John K. Reed, Stephanie Farrington, Harbor Branch Oceanographic Institute

Faculty Scholarship

No abstract provided.

Proposed Hapcs/Mpas For Mesophotic And Deepwater Coral/Sponge Habitat And Essential Fish Habitat In The Eastern Gulf Of Mexico. A Proposal To The Gulf Of Mexico Fishery Management Council. Gomfmc Webinar, September 22, 2014., John K. Reed, Stephanie Farrington, Harbor Branch Oceanographic Institute

Faculty Scholarship

Project Goals: 1. Map & characterize the benthic habitat, macrobenthic biota, and fish populations within and adjacent to newly designated shelf-edge MPAs and CHAPCs off the SE US. 2. Compare with prior and future surveys to better understand long-term health and status of these important deepwater coral/sponge ecosystems. 3. Provide information to resource managers to inform decisions on protected habitats and managed key species.

Photo Album And Taxonomy Of Benthic Macrobiota From 2012-2013 Rov Dives On Tortugas Mesophotic Reefs., John K. Reed, Stephanie Farrington, Harbor Branch Oceanographic Institute

Faculty Scholarship

No abstract provided.

South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Fauna., Stacey Harter, Andrew David, John K. Reed, Harbor Branch Oceanographic Institute

Faculty Scholarship

Semi-Annual Report South Atlantic Shelf-edge MPAs and Deep-water Coral HAPCs Summary of Accomplishments to Date (October 1, 2012 – March 31, 2013)

Proposed Hapc/Mpa For Deepwater Lophelia Coral Habitat And Essential Fish Habitat In The Eastern Gulf Of Mexico. Presented To Gomfc- Coral Group Meeting Webinar, Dec. 4, 2014., S. D. Brooke, P. Etnoyer, John K. Reed, Harbor Branch Oceanographic Institute

Faculty Scholarship

No abstract provided.

Connectivity Of The Pulley Ridge - South Florida Coral Reef Ecosystem: Processes To Decision-Support Tools., Stephanie Farrington, John K. Reed, Dennis M. Hanisak, Harbor Branch Oceanographic Institute

Faculty Scholarship

This cruise is the fourth of seven planned for this project. The intent of this preliminary report is to provide information on sampling and other activities of this cruise, so that processing of data and samples can quickly begin and planning for future cruises can be optimized; a final cruise report will be submitted by the end of the year after the fifth cruise. Significant progress was made on all tasks.

South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Fauna For; Noaa Ship Pisces Cruise 13-03 Uncw Super Phantom Rov July 2-11, 2013., John K. Reed, Stacey Harter, Stephanie Farrington, Andrew David, Harbor Branch Oceanographic Institute

Faculty Scholarship

A 12 day research cruise was conducted July 2-11, 2013, on the NOAA Ship Pisces with the UNCW Super Phantom ROV by NOAA National Marine Fisheries in collaboration with the Cooperative Institute for Ocean Exploration, Research, and Technology (CIOERT) at Harbor Branch Oceanographic Institute, Florida Atlantic University (HBOI-FAU), and other academic and federal partners (including NOAA NCCOS and University of North Carolina at Wilmington).

Recently, the South Atlantic Fishery Management Council (SAFMC) established eight deepwater Marine Protected Areas (MPAs) along the outer continental shelf off the southeastern U.S. This project is one of several research cruises to document and characterize …

Proposal To Gulf Of Mexico Fishery Management Council: Proposed Pulley Ridge Hapc Extension. Presented To Gomfc- Coral Group Meeting Webinar, Dec. 4, 2014., John K. Reed, Stephanie Farrington, Harbor Branch Oceanographic Institute

Faculty Scholarship

Project Goals: 1) Map & characterize the benthic habitat, macrobenthic biota, and fish populations within and adjacent to newly designated shelf-edge MPAs and CHAPCs off the SE US. 2) Compare with prior and future surveys to better understand long-term health and status of these important deepwater coral/sponge ecosystems. 3) Provide information to resource managers to inform decisions on protected habitats and managed key species.

Symposium: Building The Arc Of Justice: The Life And Legal Thought Of Derrick Bell: Foreword, Matthew H. Charity

Faculty Scholarship

The four articles in this Symposium issue pay tribute to the work of Professor Derrick Bell by building on his challenges to the permanence of racial domination, to the potential limitations of good will inherent in the concept of interest convergence, and to the question of permanence not just of racism, but of other systemic biases since recognized, written on, and litigated. The articles range from the 19th century to the hegemonic war on terror, from Latin identity as a disruptive force, to recognition of subjugated identities allowing for the creation of coalitions to end oppression.

Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay

Faculty Scholarship

No abstract provided.

Country Report On Counterterrorism: United States Of America, Sudha Setty

Faculty Scholarship

The terrorist attacks of September 11, 2001, led to profound changes in societal viewpoints, political agendas, and the legal authorization to combat terrorism. The United States continues to struggle with keeping its population safe while maintaining the principles of democracy and the rule of law essential to the nation’s character. The U.S. response to terrorism has been multifaceted and expansive, reflective of the U.S. role in global security; debate over these matters will continue for the foreseeable future.

This report, prepared for the American Society of Comparative Law, offers summary, analysis and critique of many aspects of counterterrorism law, including …

Federal Equal Protection, Taylor Flynn

Faculty Scholarship

The Author explores the use of due process and equal protection guarantees from the U.S. Constitution as a means to challenge workplace discrimination faced by LGBT government employees. The Author also discusses how private employees must rely on Title VII of the Civil Rights Act to assert similar claims. Because sex discrimination is prohibited under both the Constitution and Title VII, federal courts have relied on reasoning in the former context when analyzing the latter, and vice versa. This means that a watershed case regarding one law can contain reasoning for the other. The Author goes on to the discuss …

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Rolling Back The Repo Safe Harbors, Edward R. Morrison, Mark J. Roe, Christopher S. Sontchi

Faculty Scholarship

Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code's normal operation for repurchase agreements. These repos, which are equivalent to very short-term (often one-day) secured loans, are exempt from core bankruptcy rules such as the automatic stay that enjoins debt collection, rules against prebankruptcy fraudulent transfers, and rules against eve-of-bankruptcy preferential payment to favored creditors over other creditors. While these exemptions can be justified for United States Treasury securities and similarly liquid obligations backed by the full faith and credit of the United States government, they are not justified for mortgage-backed securities and other securities that could …

Lawyering That Has No Name: Title Vi And The Meaning Of Private Enforcement, Olatunde C.A. Johnson

Faculty Scholarship

On the occasion of the fiftieth anniversary of the Civil Rights Act of 1964, this Essay examines the problem of private enforcement of Title VI. The Essay reviews the unduly constrained approach to private enforcement taken by courts in prominent decisions such as Regents of the University of California v. Bakke and Alexander v. Sandoval. Yet the Essay argues that to focus primarily on private court enforcement of Title VI will continue to relegate the provision to the margins of civil rights discourse, to make the provision appear largely as the "sleeping giant" of civil rights law. The practice …

Is The Independent Director Model Broken?, Roberta Karmel

Faculty Scholarship

No abstract provided.

Is The Independent Director Model Broken?, Roberta Karmel

Faculty Scholarship

No abstract provided.

Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen F. Ross, Richard T. Karcher, S. Baker Kensinger

Faculty Scholarship

Courts have held that the general principles of judicial non-interference with the decisions of private associations do not apply where a dominant organization’s decisions effectively prevent individuals from participating in an important activity, including a profession or sports. Although the bylaws of the National Collegiate Athletic Association (NCAA) give it unfettered power, it remains subject to judicial review when its decisions violate constitutional or statutory limits, or principles of contract law, or when they are inconsistent with the organization’s own rules. As such, general principles of equity should freely permit an athlete to obtain injunctive relief where the applicable standards …

Treaty Termination And Historical Gloss, Curtis A. Bradley

Faculty Scholarship

The termination of U.S. treaties provides an especially rich example of how governmental practices can provide a “gloss” on the Constitution’s separation of powers. The authority to terminate treaties is not addressed specifically in the constitutional text and instead has been worked out over time through political-branch practice. This practice, moreover, has developed largely without judicial review. Despite these features, Congress and the President—and the lawyers who advise them—have generally treated this issue as a matter of constitutional law rather than merely political happenstance. Importantly, the example of treaty termination illustrates not only how historical practice can inform constitutional understandings …

The Fair Labor Standards Act: A Tool For Those Who Represent Employees, Claimants, And Plaintiffs, Joseph A. Schremmer, Sean M. Mcgivern

Faculty Scholarship

The Fair Labor Standards Act (FLSA) of 1938 is a comprehensive federal statute that regulates minimum wages, maximum hours, and child labor. This article is intended to provide background for the general practitioner in an effort to help advance the interests of Kansas Association for Justice clients and workers. The FLSA was created to hold disreputable employers to account for chiseling their workers. The tangle of rules and regulations that followed may have complicated the operation of a basically straightforward law. But as long as lawyers understand and can navigate these highly technical provisions, FDR’s grand vision for fair and …

Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas, Alex Ritchie

Faculty Scholarship

Scholars periodically note the impending upsurge in local oil and gas regulation, offering various reasons for increased local action. Papers written only a few years ago attribute greater local action in the West to population growth, increased urbanization, and increased demand for energy. Consider, however, more recent phenomena. First, population migration from more liberal states to more traditionally conservative producing states likely plays a role, as new residents [11-4] bring perspectives opposing drilling activity. Second, while the suburbs continue to expand into the oil patch, the oil patch has expanded into the suburbs and urban areas as well. Hydraulic fracturing …

How Contract Boilerplate Can Bite, Alex Ritchie

Faculty Scholarship

Lawyers and academics often use the term “boilerplate” to refer to standardized non-negotiable contracts that prey upon consumers. But for more sophisticated contracts drafted and negotiated by transactional lawyers, the term refers to those common, usually short, and seemingly innocuous provisions at the end of the contract, often under a heading entitled “general” or “miscellaneous.” While these provisions seem harmless enough, for those transactional lawyers unfortunate enough to see 50 or 100 page contracts the subject of litigation, experience shows that crafty litigators with ample time and will to research and argue the meaning of each word in the contract …

Hall V. Florida: The Supreme Court's Guidance In Implementing Atkins, James W. Ellis

Faculty Scholarship

In Atkins v. Virginia, the U.S. Supreme Court concluded that criminal defendants with mental retardation could not be sentenced to death or be executed because such an execution would constitute cruel and unusual punishment and therefore was prohibited by the Eighth Amendment. A dozen years later, in Hall v. Florida, the Court has reiterated the constitutional holding of Atkins and has given the states guidance on its implementation. The Court held that Florida could not impose an arbitrary IQ score limitation on the right of capital defendants to seek relief under Atkins. While the holding in Hall was relatively narrow, …

For-Profit Public Enforcement, Margaret H. Lemos, Max Minzner

Faculty Scholarship

This Article investigates an important yet undertheorized phenomenon: financial incentives in public enforcement. Each year, public enforcers assess billions of dollars in penalties and other financial sanctions for violations of state and federal law. Why? If the awards in question were the result of private lawsuits, the answer would be obvious. We expect that private enforcers—the victims of law violations and their fee-seeking attorneys—will attempt to maximize financial recoveries. Record recoveries come as no surprise in private class actions, for example. But dollar signs are harder to explain in the context of public enforcement. Unlike private attorneys, public enforcers are …

Corporate Governance And Executive Compensation: Evidence From Japan, Robert J. Jackson Jr., Curtis J. Milhaupt

Faculty Scholarship

Lawmakers around the world are now urging corporations to adopt governance and executive pay standards drawn largely from the American corporate law context. Yet little is known about how corporate governance actually influences executive compensation decisions outside of the United States-and whether adoption of these standards is likely to be desirable for investors abroad.

In this Article, we take advantage of a recent change in Japanese law to provide the first direct empirical evidence on executive pay in Japan. The evidence provides striking detail on the amount and structure of Japanese executive compensation. The data point to a previously unappreciated …

A Tribute To The Work Of Patricia Williams, Katherine M. Franke

Faculty Scholarship

The task of selecting an honoree is not an easy one – as we aim to take up a corpus of work that is at once deep enough and broad enough to sustain a full day of conversation. To be honest, most legal scholars tend to be more hedgehogs than foxes, burrowing down deep into an area of law over the course of a career rather than bringing their intellectual talents to bear on a range of social problems or diverse disciplinary locations. One person, without question, stands out as an exception to this tendency in the legal academy, and …

State-Specific, Racial And Ethnic Heterogeneity In Trends Of Firearm-Related Fatality Rates In The Usa From 2000 To 2010, Bindu Kalesan, Sowmya Vasan, Matthew E. Mobily, Marcos D. Villareal, Patrick Hlavacek, Sheldon Teperman, Jeffrey A. Fagan, Sandro Galea

Faculty Scholarship

To document overall, racial, ethnic and intent-specific spatiotemporal trends of firearm-related fatality rates (FRF rates) in the USA.

Three Proposals For Regulating The Distribution Of Home Equity, Ian Ayres, Joshua Mitts

Faculty Scholarship

The Consumer Financial Protection Bureau’s recently-released “qualified mortgage” rules effectively discourage predatory lending but miss an equally important source of systemic risk: low-equity clustering. Specific “volatility-inducing” mortgage terms, when present in a substantial cluster of mortgage contracts, exacerbate macroeconomic risk by increasing the chance that the housing and lending markets will have to absorb a wave of simultaneous defaults after a downturn in housing prices. This Article shows that these terms became prevalent in a substantial proportion of residential mortgages in the years leading up to the home mortgage crisis. In contrast, during the earlier “amortization era” (when mortgagors were …