Digital Commons Network^™

Negotiating Bankruptcy Legislation Through The News Media, Melissa B. Jacoby

Faculty Publications

No abstract provided.

False Campaign Speech And The First Amendment, William P. Marshall

Faculty Publications

No abstract provided.

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

Faculty Publications

No abstract provided.

The Empty Promise Of Compassionate Conservatism: A Reply To Judge Wilkinson, William P. Marshall

Faculty Publications

No abstract provided.

Service Of Process And The Military, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Proposed Statement Of Position : Accounting By Insurance Enterprises For Deferred Acquisition Costs On Internal Replacements;Accounting By Insurance Enterprises For Deferred Acquisition Costs On Internal Replacements; Exposure Draft (American Institute Of Certified Public Accountants), 2004, Nov. 29, American Institute Of Certified Public Accountants. Accounting Standards Executive Committee

Exposure Drafts, Comment Letters, and Statements of Position

This Statement of Position (SOP) provides guidance on accounting by insurance enterprises for deferred acquisition costs on internal replacements other than those specifically described in Financial Accounting Standards Board (FASB) Statement of Financial Accounting Standards No. 97, Accounting and Reporting by Insurance Enterprises for Certain Long-Duration Contracts and for Realized Gains and Losses from the Sale of lnvestments. The SOP defines an internal replacement as a modification in product benefits, coverages, or features that occurs by the exchange of a contract for a new contract, amendment, endorsement, or rider to a contract, or the election of a feature within a …

Implementing Blakely, Jenia I. Turner

Faculty Journal Articles and Book Chapters

By declaring that sentence-enhancing facts must be proven to a jury beyond a reasonable doubt, the Supreme Court in Blakely v. Washington has raised a number of questions about the future of guided sentencing. One of these questions - only beginning to be explored - is what procedures would be needed in a system that both implements Blakely and preserves sentencing guidelines. What factors would be submitted to the jury and what instructions would be given? Would sentencing issues be presented to the jury in a separate hearing, distinct from trial? If so, what evidentiary rules would apply?

This paper …

The Constitution And Punishment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Choosing The Next Supreme Court Justice: An Empirical Ranking Of Judge Performance, Mitu Gulati, Stephen J. Choi

Faculty Scholarship

The judicial appointments process has grown increasingly frustrating in recent years. Both sides claim that their candidates are the "most meritorious" and yet this is seldom any discussion of what constitutes merit. Instead, the discussion moves immediately to the candidates' likely positions on hot-button political issues like abortion, gun control, and the death penalty. One side claims that it is proposing certain candidates based on merit, while the other claims that the real reason for pushing those candidates is their ideology and, in particular, their likely votes on key hot-button issues. With one side arguing merit and the other side …

Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn

Faculty Scholarship

Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade

How Binding Are Wto Rules? A Transatlantic Analysis Of International Law, Joost H. B. Pauwelyn

Faculty Scholarship

Presented at the University of Tuebingen, 14-16 October 2004 Conference on Changing Patterns of Authority in the Global Political Economy

In Defense Of Judicial Review: The Perils Of Popular Constitutionalism, Erwin Chemerinsky

Faculty Scholarship

Since the 1920's progressives have flip-flopped on the merits of judicial review at least three times. In the last few years, they have been forging a return toward the anti-judicial review camp, which ironically puts them in line with today's conservatives. The trendy progressive movement against judicial review calls itself "popular constitutionalism." They contend in varying degress that people--not judges--are the best arbiters of constitutional interpretation. In his Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Erwin Chemerinsky demonstrates that popular constitutionalism is exactly the wrong strategy for progressives because it rests on flawed premises and comes to …

Collapsing Corporate Structures: Resolving The Tension Between Form And Substance, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz

Faculty Scholarship

In a prior article, Professor Schwarcz examined the factors that differentiate Enron's questionable use of off-balance sheet special purpose entities, (SPEs) from the trillions of dollars of "legitimate" securitization and other structured-finance transactions that use SPEs. The presence of meaningful differences, Professor Schwarcz argued, may inform regulatory schemes by providing a basis to distinguish which such transactions should be allowed or restricted. In that connection, Professor Schwarcz encountered the dilemma that some structured transactions are so complex that disclosure to investors of the company originating the transaction is necessarily imperfect - either oversimplifying the transaction, or providing detail and sophistication …

Federalism And The Treaty Power, Curtis A. Bradley

Faculty Scholarship

in presentations for: Treaties in U.S. Law: New Debates on Old Ideas

Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati

Faculty Scholarship

In April 2002 the International Monetary Fund introduced a sovereign bankruptcy proposal only to be rebuffed by the United States Treasury. Where the IMF wanted a mandatory bankruptcy regime, the Treasury wanted to solve distress problems with contractual devices. Sovereign bondholders and sovereign issuers themselves flatly rejected both proposals, even though they were nominally the beneficiaries of both proponents. This Article addresses and explains this bondholder reaction. In so doing, it takes a highly skeptical view of the IMF's proposal even as it shows that the incentive structure surrounding sovereign lending renders untenable the Treasury's contractarian proposal. The Article's analysis …

A 2-Chain Can Interlock With A K-Chain, Julie Glass, Stefan Langerman, Joseph O'Rourke, Jack Snoeyink, Jianyuan K. Zhong

Computer Science: Faculty Publications

One of the open problems posed in [3] is: what is the minimal number k such that an open, flexible k-chain can interlock with a flexible 2-chain? In this paper, we establish the assumption behind this problem, that there is indeed some k that achieves interlocking. We prove that a flexible 2-chain can interlock with a flexible, open 16-chain.

Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.

Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.

Faculty Scholarship

No abstract provided.

Rethinking The Jurisdiction Of Bankruptcy Courts Over Post-Confirmation Federal Tax Liabilities: Towards A New Jurisprudence Of 11 U.S.C. § 505, Shu-Yi Oei

Faculty Scholarship

No abstract provided.

Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler

Faculty Scholarship

Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …

Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.

Faculty Scholarship

No abstract provided.

In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

Law, Politics, And Judicial Review: A Comment On Hasen, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.

A Constitution Of Our Own : The Constitutional Convention Of 1872 And The Resurrection Of Confederate West Virginia The Constitutional Convention Of 1872 And The Resurrection Of Confederate West Virginia, Richard Ogden Hartman

Theses, Dissertations and Capstones

The Radical wing of the Republican Party, which created the state of West Virginia, imposed a punitive reconstruction program on its citizens. The disenfranchisement of most returning Confederate soldiers and the state's Confederate supporters was carried out illegally in many cases. The overzealous administering of restrictive measures longer than necessary or acceptable caused a split in the Republican Party leading to the rise of the Democratic Party in the state. The Liberal Republicans joined the Democrats in successfully removing many of the reconstruction measures affecting the disenfranchised. Once the Democratic Party regained the legislative majority, they swept away all the …

Talk To The Animals: A Short Comment On Wolfgang Welsch's "Animal Aesthetics", Stefán Snaevarr

Contemporary Aesthetics (Journal Archive)

I voice some concern about Wolfgang Welsch's defense of the theory that animals can feel aesthetic pleasure. My first concern is epistemological: it is hard to see how we can find out whether they actually feel such pleasures. My second concern is conceptual: aesthetic pleasures have intentional objects and are woven into fallible judgments. It is hard to see that animals have such objects and can perform such judgments.

To Be Brown In Brazil: Education And Segregation Latin American Style Colloquium - Relearning Brown: Applying The Lessons Of Brown To The Challenges Of The Twenty-First Century, Tanya K. Hernandez

Faculty Scholarship

As a scholar who studies civil rights movements from a comparative perspective, the commemoration of the fiftieth anniversary of the Brown v. Board of Education1 decision causes me to query the power of Brown as a symbol of equality outside of the United States. Because there is a larger community of African descendants living in Latin America and the Caribbean than there is in the United States, examining the role of Brown in Latin America and the Caribbean is particularly worthwhile. Furthermore, focusing on the Latin American and Caribbean contexts is also relevant due to the significant influence of the …

Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney

Faculty Scholarship

The National Labor Relations Board has managed to remain unusually detached or isolated in its decision-making even as it has come to operate in an openly partisan manner. There is a certain paradoxical quality to the coexistence of these two descriptors for Board conduct: isolation in agency performance ordinarily suggests a neutral separation from the political process whereas politicization implies a close connection to the elected branches. The explanation for this odd pairing involves a number of factors: some reflect political realities beyond the agency's ability to control, others relate to the structure of the NLRA, and still others are …

Foreseeing Greatness - Measurable Performance Criteria And The Selection Of Supreme Court Justices Symposium: Empirical Measures Of Judicial Performance, James J. Brudney

Faculty Scholarship

This article contributes to an ongoing debate about the feasibility and desirability of measuring the merit of appellate judges - and their consequent Supreme Court potential - by using objective performance variables. Relying on the provocative and controversial tournament criteria proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the Supreme Court potential of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two …

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.