Digital Commons Network^™

Beyond Congress: The Study Of State And Local Legislatures, Richard Briffault

Faculty Scholarship

I'd like to thank the Journal of Legislation and Public Policy for inviting me back to N.Y.U. I am particularly grateful to have the opportunity to sit between and learn from Bill Eskridge and Beth Garrett, who have once again demonstrated in their comments today why they are leaders in this field. I understand now what it must have been like to be a student in a class with Eskridge as the professor and Garrett as a fellow student – can you imagine what an experience that must have been?

I am going to focus my remarks on state and …

Understanding Venture Capital Structure: A Tax Explanation For Convertible Preferred Stock, Ronald J. Gilson, David M. Schizer

Faculty Scholarship

The capital structures of venture capital-backed U.S. companies share a remarkable commonality: overwhelmingly, venture capitalists make their investments through convertible preferred stock. Not surprisingly, much of the academic literature on venture capital has sought to explain this peculiar pattern. Financial economists have developed models showing, for example, that convertible securities efficiently allocate control between the investor and entrepreneur,signal the entrepreneur's talent and motivation, and align the incentives of entrepreneurs and venture capitalists.

In this Article, we examine the influence of a more mundane factor on venture capital structure: tax law. Portfolio companies issue convertible preferred stock to achieve more favorable …

Reforming Campaign Finance Reform: A Review Of Voting With Dollars, Richard Briffault

Faculty Scholarship

On March 27, 2002, President George W. Bush signed the Bipartisan Campaign Reform Act of 2002 ("BCRA") into law. The culmination of a six-year legislative and political struggle, BCRA works the most comprehensive change in federal campaign finance law in nearly three decades. BCRA addresses a broad range of issues, including soft money, issue-advocacy advertising, fundraising on federal property, campaign activities of foreign nationals, and penalties for violation of campaign finance laws. Enacted in the face of intense political opposition, BCRA, if it stands up in court, is a significant reform achievement.

Or is it? BCRA closely follows the main …

Why Defenders Feel Defensive, Jane M. Spinak

Faculty Scholarship

The newest version of problem-solving courts has scarcely reached adolescence. Many of these courts remain in the "model" stage, attempting to create a structure and vision that will have a transformative, systemic effect. Others, drug courts in particular, have proliferated across the country and are on the verge of going to scale in many states. Lawyers representing individual clients in these courts are struggling to identify, define and perform their professional duties, at the same time that the courts are being created. To understand why it is a struggle, we need to contextualize the lawyers' experiences: what is it about …

What Did They Do And What Does It Mean? The Three-Judge Court's Decision In Mcconnell V. Fec And The Implications For The Supreme Court, Richard Briffault

Faculty Scholarship

My role at this symposium is to provide a brief overview of the three-judge court's decision in McConnell v. FEC, review the opinions, piece together what the court actually decided, and see how the Bipartisan Campaign Reform Act of 2002 ("BCRA") now stands. I will try to do that briefly, while giving a few general comments about what the court's opinions tell us about the state of campaign finance law today. As a preliminary matter, the three-judge court's opinions provide us with two radically different world views – almost two different intellectual universes – for thinking about campaign finance …

Alami V. Volkswagen Of America, Inc., Cynara Mcquillan

Articles & Chapters

New York Court of Appeals Case Compilations

Plantinga On Exclusivism, Richard Feldman

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Metaphysical Problem Of Intermittent Existence And The Possibility Of Resurrection, David B. Hershenov

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler

Articles & Chapters

No abstract provided.

A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused

Articles & Chapters

No abstract provided.

Stephen Pattison, Shame: Theory, Therapy, Theology, David A. Horner

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Robin Gill, Ed., The Cambridge Companion To Christian Ethics, Thomas Carson

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Faith And Authenticity: Kierkegaard And Heidegger On Existing In 'Closest Closeness' To The Nothing, Travis O'Brian

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

A Critique Of Emergent Dualism, Frank B. Dilley

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Physicalism And Panentheism: Good News And Bad News, Carl Gillett

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Repairing The Harm: Victims And Restorative Justice, Lawrence W. Sherman, Heather Strang

Utah Law Review

From a victim perspective, restorative justice has been shown usually to do better than the existing criminal justice system. It has met the burden of proof for benefiting one stakeholder in the process of justice. It might arguably lose that status if it is found that restorative justice also hurts offenders or communities. But in thousands of restorative justice conferences on three continents, no clear evidence has yet emerged that restorative justice has such negative side effects. Given the substantial evidence of unfairness and disrespect in the treatment of victims by criminal justice, restorative justice seems to be in a …

Restorative Justice And The Two-Track Establishment Clause, Frederick Mark Gedicks

Utah Law Review

Many restorative justice programs, however, do have religious dimensions. A circle sentencing session, for example, may open or close with a prayer or other group religious ritual. Victim-offender mediations may be structured in accordance with theological concepts such as forgiveness, repentance, or atonement, or on sectarian versions of secular ideas like apology, remorse, restitution, or reconciliation. Many would argue, in fact, that even these ostensibly secular ideas were once religious. Participants in such mediations may explicitly invoke a God or a religious belief system as the source of ethical obligations owed by offenders or victims. For instance, a mediation involving …

Cold Comfort: Law And Community In Ethan And Joel Coen's Fargo, Jeanne L. Carriere

Utah Law Review

Comfort is thus offered in Fargo-to some. The Coens subvert that comfort by making clear that the refuge of Brainerd is available only to those who participate in its normative vision. That normative vision grounds community in a uniformity that extends beyond what is required to preserve the community, such as conformity to its fundamental narrative, to neutral but noticeable traits such as appearance and racial heritage. The Coens offer no redemptive vision by which to transform Brainerd's exclusionary nomos. Marge, who combines keen intellect with sustaining humanity, is the most likely redemptive figure; but the woman who can face …

Harmonizing Rules 609 And 608(B) Of The Federal Rules Of Evidence, Donald H. Zeigler

Utah Law Review

Testimony by live witnesses in open court forms the basis of the American trial. Today, almost anyone having relevant information is competent to testify., Fact-finders know, however, that not all testimony should be given the same weight. A witness may have failed to perceive events clearly or have forgotten important details. A witness may give ambiguous testimony or simply be lying. Cross-examination is the tool designed to reveal these defects. Cross-examiners can use several different means to suggest a witness is lying. Two of the most important are to show a witness has a criminal conviction or committed a bad …

Recent Developments In Utah Law, Timothy K. Conde, Christine M. Seaman

Utah Law Review

In First Equity Federal, Inc. v. Phillips Development, L.C.,' the Utah Supreme Court limited the two-dismissal provision of rule 41(a)(1) of the Utah Rules of Civil Procedure. The First Equity court overruled the prior precedent of Thomas v. Heirs of Braffet, which expanded the meaning of a notice of dismissal to include a perfunctory, or ex parte, motion to dismiss. The court subsequently held that the plain language of rule 41(a)(1)5 does not apply to all types of dismissals, but refers exclusively to notices of dismissal and does not apply to motions to dismiss. Thus, after First Equity, a motion …

Nafta Chapter 11: On An Environmental Collision Course With The World Bank?, David Macarthur

Utah Law Review

NAFTA is still young, and chapter 11 remains a relatively untested system. Its scheme has no real historical precedent, and thus it is hard to predict the course it will ultimately take. Still, most commentators seem to agree that the system, if left unchecked, will likely be detrimental to environmental and other publicpolicy- based actions by involved governments. This is probably especially true for less-powerful nations. NAFTA's chapter 11, in fact, as discussed above, has already had a demonstrably chilling effect on the NAFTA nations' ability to selfregulate in the name of environmental protection, at least in some instances.

Ex Parte Young And Congressional Abrogation: Can The Two Peacefully Coexist?, Julie Jensen Nelson

Utah Law Review

A conflict exists between current jurisprudence on congressional abrogation and the implementation of Ex parte Young. Ex parte Young may be used as a trump card in all situations involving the Eleventh Amendment, leaving the Eleventh Amendment hollow. Essentially, the Eleventh Amendment at this point only protects the rights of a geographical entity to not be sued; it does not protect a state's ability to function independently of congressional law.

The Creppy Directive: Security Necessity Or Just Plain Creepy? Reexamining The Richmond Newspapers Test In Light Of The Inconsistent Results Reached In Its Application To Deportation Hearings, Brian Watts

Utah Law Review

On September 11, 1978, the fourth trial of John Paul Stevenson began in a Virginia courthouse. Initially, Stevenson was convicted of second-degree murder, but the Virginia Supreme Court reversed the conviction, holding that a bloody shirt, belonging to Stevenson, had improperly been admitted into evidence. After two more mistrials, the case recommenced in front of the same judge that had presided over two of the first three trials In an apparent attempt to prevent jury contamination, the trial judge granted the defendant's motion to close the trial to the press and public. This closure ultimately prompted what one Justice called …

J2ee Vs. Microsoft Dot Net: A Qualitative And Quantitative Comparison For Building Enterprises Supporting Xml-Based Web Services, Raquel V. Clark

UNF Graduate Theses and Dissertations

Increasing speed of networks and worldwide availability has made the World Wide Web the most significant medium for information exchange. Web technologies have become more and more important as large and small businesses continue to make their presence on the web. Today's businesses have more than just a "face" on the worldwide web. The use of a web browser is no longer restricted to viewing static pages. Browsers are becoming more and more a standard interface to a multifaceted reign of programs that live on the worldwide web. Two main technologies stand out for the implementation of web applications, Sun …

A Case Study Analysis Of Five African American Male Educational Leaders, Donna Richardson

UNF Graduate Theses and Dissertations

This qualitative study was conducted to elucidate the current understandings about what is known about the African American pathway from seemingly oppressive beginnings to educational leadership positions. It was an investigation of five African American male leaders from Jacksonville, Florida, and their individual and collective perceptions on what enabled them to educationally succeed despite their humble beginnings. The study explored the similarities, differences, and historical experiences of all five of the African American male leaders purposefully chosen for this research. Two categories or types of themes were identified in this study, common background themes and common outcome themes. Six themes …

New Social Movements And The Struggle For Worker’S Rights In The Maquila Industry, Victoria Carty

Sociology Faculty Articles and Research

"Campaigns to improve worker’s rights in export processing zones (EPZs), also referred to the maquila industry in Latin America, is an important topic analytically and politically. On theoretical and practical levels, the co-existence of market economies with effective means to ensure adequate working conditions for workers is a critical question. Underlying the issue is a vigorous debate regarding how the global economy should be governed; who or what should govern it, and whose interest is should serve (Faux, 2002)."

The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller

Scholarly Works

No abstract provided.

The New Economic Credentialing: Protecting Hospitals From Competition By Medical Staff Members, Elizabeth Weeks

Scholarly Works

This Article addresses hospitals' use of economic criteria to determine a physician's qualifications for staff privileges. Hospitals are resorting to economic conflict-of-interest credentialing policies in an attempt to ensure physicians' loyalty and mantain their own economic viability. Physicians, however, argue that entrepenurial activities are necessary for them to meet the economic challenges posed by declining reimbursement and rising insurance costs. This Article surveys the numerous legal theories that litigants and enforcement authorities could employ in attacking these new types of credentialing policies. The Article concludes that, in most jurisdictions, hospitals should be able to implement their policies in ways that …

“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang

Faculty Articles

This article discusses issues related to the study and teaching of race and ethnicity. Professor Chang explains the way race is taught or not taught in law schools is reflective of the historical and factual predicates we want our students to have. Faculty diversification can have an impact on the courses that are taught. Most, if not all, of the courses on critical race theory are taught by faculty-of-color. Most of the primary courses on Latinas/os and the law are taught by Latinas/os. If more related and primary courses are going to be offered by schools, then it seems that …

Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang

Faculty Articles

In this brief article, Professor Chang explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate to and/or identify with the historical persons who occupy very different subject positions with regard to race, nationality, immigration …