Digital Commons Network^™

Exchanges Of Multiple Stocks And Securities In Corporate Divisions Or Acquisitive Reorganizations, Douglas A. Kahn, Jeffrey S. Lehman

Articles

If specified conditions are satisfied, the Internal Revenue Code provides nonrecognition for gain or loss realized when stocks and securities of one corporation are exchanged for stocks and securities of another corporation. When the exchange is made as part of a corporate division (a split-off or a split-up), the principal nonrecognition provision is section 355; and when the exchange is made as part of an acquisitive reorganization, the principal nonrecognition provision is section 354. Complete nonrecognition is provided only when stock is exchanged solely for stock and securities are exchanged solely for securities of no greater principal amount. If, in …

Resurrecting The White Primary, Ellen D. Katz

Articles

An unprecedented number of noncompetitive or "safe" electoral districts operate in the United States today. Noncompetitive districts elect officials with more extreme political views and foster more polarized legislatures than do competitive districts. More fundamentally, they inhibit meaningful political participation. That is because participating in an election that is decided before it begins is an empty exercise. Voting in a competitive election is not, even though a single vote will virtually never decide the outcome. What a competitive election offers to each voter is the opportunity to be the coveted swing voter, the one whose support candidates most seek, the …

Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Adam C. Pritchard, Stephen J. Choi

Articles

On December 6, 2000, the Wall Street Journal ran a front-page story exposing abuses in the market for initial public offerings (IPOs). The story revealed "tie-in" agreements between investment banks and initial investors seeking to participate in "hot" offerings. Under those agreements, initial investors would commit to buy additional shares of the offering company's stock in secondary market trading in return for allocations of shares in the IPO. As the Wall Street Journal related, those "[c]ommitments to buy in the after-market lock in demand for additional stock at levels above the IPO price. As such, they provide the rocket fuel …

Contracting Under Amended 2-207 (Freedom From Contract Symposium), James J. White

Articles

Amended Section 2-207 of the Uniform Commercial Code1 (the Code) states new contract rules. I call these "contract rules" to avoid the labels of contract formation and contract interpretation. These new rules cure many of the problems presented by current Section 2-2072 and remind courts that the purpose of Section 2-207 is to interpret a contract that has been made, not to see if a contract exists. One is tempted to label current Section 2-207 as a contract formation provision-and to some extent that would be right-but most of this Section's work has been in contract interpretation, not in contract …

Revisiting The Roles Of Legal Rules And Tax Rules In Income Redistribution: A Response To Kaplow & Shavell, Ronen Avraham, David Fortus, Kyle D. Logue

Articles

The debate over whether legal rules should be used to redistribute resources in society or whether redistribution should be left exclusively to the tax-and-transfer system has long occupied philosophers, political theorists, economists, and legal academicians. For many years, the conventional wisdom on this question among legal scholars seemed to be that blanket generalizations were inappropriate. All systems of redistribution distort individuals' choices and entail administrative costs. Therefore, the argument went, a universal preference for using the tax-and-transfer system to redistribute is not justified. Rather, the choice among institutions to accomplish society's redistributive goals was considered to be "an empirical one …

Reparations As Redistribution, Kyle D. Logue

Articles

The most controversial, and most intriguing, remedy sought by proponents of slavery reparations involves massive redistribution of wealth from whites to blacks within the United States. This is not to say that reparations proponents have focused only on racial redistribution. Some have called for an official apology from the U.S. government. Others seek the creation of a foundation or institute, funded by U.S. tax dollars, to be devoted to furthering the interests of African Americans, including the funding of K- 12 educational programs for black children and the funding of general civil rights advocacy to counteract the lingering effects of …

The Language Contact Profile, Barbara F. Freed, Dan Dewey, Norman Segalowitz, Randall Halter

Faculty Publications

Efforts to gather data of various sorts—demographics, language-learning history, contact with native speakers, use of the language in the field—as they relate to participants in SLA research studies are inherent to understanding more about language acquisition and use. Scholars frequently develop questionnaires of their own, which are rarely shared widely in the profession. Consequently, much time and effort is invested in reinventing the process of gathering the types of data that are commonly needed.

The document we present here—a questionnaire to assess second language contact for students entering and completing language study programs in various contexts of learning (academic classrooms, …

Motivating Undergraduate Feedback Control Through Robot Soccer, Randal Beard

Faculty Publications

One of the challenges in control engineering education is to motivate students to invest the effort necessary to understand the theoretical foundations of feedback control. We have found that many students are inherently interested in robotics and are attracted to control engineering when they understand that it plays a central role in robotic systems. To capitalize on this appeal, we have established a one semester robot soccer senior design course that uses the undergraduate feedback control course to introduce the prerequisite material. As a consequence, the undergraduate feedback control course and its lab have been redesigned to focus on mobile …

Evaluation Of A Multiplexed Bead Assay For Assessment Of Epstein-Barr Virus Immunologic Status, J. S. Klutts, R. S. Liao, W. M. Dunne Jr., A. M. Gronowski

Open Access Publications

No abstract provided.

Evaluation Of A Real-Time Pcr Assay Using The Lightcycler System For Detection Of Parvovirus B19 Dna, Richard S. Buller, Gregory Storch

Open Access Publications

No abstract provided.

The Pmra-Regulated Pmrc Gene Mediates Phosphoethanolamine Modification Of Lipid A And Polymyxin Resistance In Salmonella Enterica, Hyunwoo Lee, Fong-Fu Hsu, John Turk, Eduardo A. Groisman

Open Access Publications

No abstract provided.

Substitution Of Hiv Type 1 Nef With Htlv-1 P12, Tomonori Tsukahara, Lee Ratner

Open Access Publications

No abstract provided.

Laparoscopic Radical Prostatectomy: Washington University Initial Experience And Prospective Evaluation Of Quality Of Life, Jamil Rehman, Maged M. Ragab, Ramakrishna Venkatesh, Jaime Landman, David Lee, Cathy Chen, Yan Yan, Chandru P. Sundaram

Open Access Publications

No abstract provided.

Human Intraocular Penetration Pharmacokinetics Of Moxifloxacin 0.5% Via Topical And Collagen Shield Routes Of Administration, Seenu M. Hariprasad, William F. Mieler, Gaurav K. Shah, Kevin J. Blinder, Rajendra S. Apte, Nancy M. Holekamp, Matthew A. Thomas, Jingduan Chi, Randall A. Prince

Open Access Publications

No abstract provided.

Render Copyright Unto Caesar: On Taking Incentives Seriously, Wendy J. Gordon

Faculty Scholarship

This Essay suggests we bifurcate our thinking. Conventional copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Much recent scholarship contains dramatic suggestions to secure a freedom to be creative, rewrite, and be imaginative. My work has long sought to defend such freedoms, but I believe we understand imagination and its conditions too little to employ it as a starting point. I suggest instead that we acquire a better conceptual map of the generative process and …

The Campus Crime And Security Report, V. 8 (Fall 2003), Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Summary Of Castle V. Simmons, 120 Nev. Adv. Rep. 15, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order modifying custody of parties’ children.

Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order granting a motion for injunctive relief.

Summary Of Desert Fireplaces Plus, Inc. V. Eighth Judicial Dist. Court, 120 Nev. Adv. Op. 70, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Petition for a writ of mandamus challenging a district court order denying a motion to dismiss in a construction defect action.

Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order granting a motion for injunctive relief.

Summary Of Durango Fire Protection V. Troncoso, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a district court order denying defendant’s motion to set aside a judgment arising out of a breach of contract action.

Summary Of Ebeling V. State, 120 Nev. Adv. Rep. 50, Scott Whittemore

Nevada Supreme Court Summaries

The defendant contended that the district court erred in sentencing him on redundant convictions.

Summary Of Flynn V. Flynn, 120 Nev. Adv. Op. No. 49, Kirk Reynolds

Nevada Supreme Court Summaries

Terri Flynn appealed a denial from a post-divorce decree denying her permission to relocate with the parties’ minor child to California for the purpose of Terri pursuing an associate’s degree in theology.

Summary Of Heller V. Give Nev. A Raise, Inc., Timothy W. Roehrs

Nevada Supreme Court Summaries

Direct democracy, the process by which the people conduct direct law making through the circulation of petitions and (subject to the petition qualifying) subsequent ratification by the voters in an upcoming election, has often been a hub for electoral and legal controversy.2 In GNAR,3 the Nevada Supreme Court drew on U.S. Free Speech Constitutional law to save a couple of 2004 ballot campaigns, while making the ballot process for future petitions (at least logistically) a little bit easier. Below is a description of the GNAR opinion and its holding, along with a few comments regarding GNAR’s questionable lack of deference …

Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment entered pursuant to a jury verdict in an action concerning a construction contract.

Summary Of Johnson V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of uttering a forged instrument and one count of principal to commit uttering a forged instrument.

Summary Of Martin V. Martin, 120 Nev. Adv. Rep. 38, Jeff Hall

Nevada Supreme Court Summaries

Appeal from a district court order awarding primary physical custody to the father of a twelve year-old child because the mother was interfering with the father’s visitation rights and the father’s remarriage court found a change of circumstances in the custodial parent’s situation.

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.

Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal

Nevada Supreme Court Summaries

Appellant Robert McConnell murdered Brian Pierce in August 2002. The State of Nevada charged McConnell with first-degree murder and sought capital sentencing. The State alleged two theories: deliberate, premeditated murder and felony murder during the perpetration of a burglary. McConnell represented himself, pleaded guilty to first-degree murder, and presented a case in mitigation at his penalty hearing. The jury returned a sentence of death. Initially, McConnell moved to waive his appeal but eventually reconsidered and authorized counsel to fully brief all issues on appeal. Specifically, McConnell challenged the propriety of his penalty hearing and death sentence on various grounds. The …

Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley

Nevada Supreme Court Summaries

Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …