Digital Commons Network^™

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Articles

No abstract provided.

Stifling The Potential Of Grutter V. Bollinger: Parents Involved In Community Schools V. Seattle School District No. 1, Michelle Adams

Articles

No abstract provided.

Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love

Articles

No abstract provided.

Survey Of Seqra Cases From 2007, Michael B. Gerrard

Faculty Scholarship

The courts issued 58 decisions under the New York State Environmental Quality Review Act (SEQRA) in 2007.

Typically, plaintiffs have a much greater chance of success in SEQRA cases when no environmental impact statement (EIS) has been prepared: on average, in the cases from 1990 (when this column’s annual survey began) through 2006, plaintiffs won 15.9 percent of the cases where there is an EIS, and 38.6 percent of the cases without an EIS.

But in 2007 the ratio was much different. In the 22 cases with an EIS, plaintiffs won seven, or 31.8 percent. In the 27 cases without …

A Multilateral Solution For The Income Tax Treatment Of Interest Expenses, Michael J. Graetz

Faculty Scholarship

Recent developments – including greater taxpayer sophistication in structuring and locating international financing arrangements, increased government concerns with the role of debt in sophisticated tax avoidance techniques, and disruption by decisions of the European Court of Justice of member states' regimes limiting interest deductions – have stimulated new laws and policy controversies concerning the international tax treatment of interest expenses. National rules are in flux regarding the financing of both inbound and outbound transactions.

Heretofore, the question of the proper treatment of interest expense has generally been looked at from the perspective of either inbound or outbound investment. As a …

Romancing The Court, Jane M. Spinak

Faculty Scholarship

Problem-solving courts, created at the end of the 20th century, make court-based solutions central to addressing significant societal problems, such as substance abuse and its impact on criminal activity and family functioning. Yet, lessons gleaned from over 100 years of family court history suggest that court-based solutions to intractable social problems have rarely been effective. This article asks three questions of the problem-solving court movement: What problem are we trying to solve? Is the court the best place to solve the problem? What are the consequences of giving authority to a court for solving the problem? Answering those questions through …

Global Network Finance: Organizational Hedging In Times Of Uncertainty, Katharina Pistor

Faculty Scholarship

The global financial crisis that began in 2007 revealed a fundamental weakness in the global financial system: Extensive financial interdependence of financial relations unmatched by a governance regime of similar reach. As multinational banks sought to fortify their capital base in the wake of the unfolding crisis, Sovereign wealth Funds (SWFs) and the banks’ home governments have become mutual stakeholders in some of the largest financial intermediaries with global reach. From the multitude of individual transactions has emerged a network of equity ties that spans the globe. These ties bridge institutional practices and governance regimes that previously operated largely independently …

No Outsourcing Of Law? Wto Law As Practiced By Wto Courts, Petros C. Mavroidis

Faculty Scholarship

This article provides a critical assessment of the corpus of law that the adjudicating bodies of the World Trade Organization (WTO) – the Appellate Body (AB) and panels – have used since the organization was established on January 1, 1995. After presenting a taxonomy of WTO law, I move to discern, and to provide a critical assessment of, the philosophy of the WTO adjudicating bodies, when called to interpret it. In discussing the law that WTO adjudicating bodies have used, I distinguish between sources of WTO law and interpretative elements. This distinction will be explicated in part I below. Part …

"They Say I Am Not An American…": The Noncitizen National And The Law Of American Empire, Christina Duffy Ponsa-Kraus

Faculty Scholarship

The American papers sometimes contain tales about persons who have forgotten who they are, what are their names, and where they live. The Porto [sic] Ricans find themselves in the same predicament as those absent-minded people. To what nationality do they belong? What is the character of their citizenship? ... [l]f since they ceased to be Spanish citizens they have not been Americans [sic] citizens, what in the name ·of heaven have they been?

Auditing Standards Board (Asb) Meeting, January 29, 2008, Conference Call, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, July 28-31, 2008, San Francisco, Ca; Asb July 2008 Meeting Highlights, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, October 27-30, 2008, Phoenix, Az; October 27-30, 2008 Asb Meeting Highlights, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, January 8-10, 2008, Amelia Island, Fl; Asb Highlights January 2008, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, May 6-8, 2008, Chicago, Il, Approved Highlights; Asb Highlights May 2008, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, August 26-28, 2008, Parsippany, Nj; August 26-28, 2008 Asb Meeting Highlights, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, December 11-12, 2008, Washington, Dc, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, October 27-30, 2008, Phoenix, Az; October 27-30, 2008 Asb Meeting Highlights, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, December 11-12, 2008, Washington, Dc, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Independence And Integrity And Objectivity In Performing Forensic And Valuation Services, Glenn Newman, Michael Ueltzen, American Institute Of Certified Public Accountants. Forensic And Valuation Services Section

Association Sections, Divisions, Boards, Teams

No abstract provided.

Uniform Accountancy Act, Standards For Regulation Including Substantial Equivalency, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy

Association Sections, Divisions, Boards, Teams

No abstract provided.

Contractual Enforcement Institutions And The Structure Of Information, Avery W. Katz

Faculty Scholarship

Many economic writers on contract theory have assumed that legal institutions are simply unable to do the job of enforcement, and have thus attempted to devise arrangements that motivate the parties to keep their commitments even though a government tribunal would be unable to tell whether they had performed. But non-legal enforcement mechanisms operate both as substitutes and complements for legal mechanisms (and as substitutes and complements for each other). This essay sketches how parties should choose among available enforcement mechanisms, based on the costs of information and other transaction costs.

Decline And Fall? The Roberts Court And The Challenges To Campaign Finance Law, Richard Briffault

Faculty Scholarship

The Supreme Court has had a major impact on the development of campaign finance law. Court decisions have barred most expenditure limits, upheld contribution restrictions and disclosure requirements, and limited the kinds of electoral ads that can be subject to regulation. In the McConnell decision in 2003 the Court demonstrated a greater openness to campaign finance regulation when it upheld McCain-Feingold's soft money and issue advocacy restrictions. Since McConnell, however, the composition of the Court has changed, and in two decisions in the past two years, the new majority has been much more hostile to campaign finance limits. In …

Adolescent Development And The Regulation Of Youth Crime, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

Elizabeth Scott and Laurence Steinberg explore the dramatic changes in the law’s conception of young offenders between the end of the nineteenth century and the beginning of the twenty-first. At the dawn of the juvenile court era, they note, most youths were tried and punished as if they were adults. Early juvenile court reformers argued strongly against such a view, believing that the justice system should offer young offenders treatment that would cure them of their antisocial ways. That rehabilitative model of juvenile justice held sway until a sharp upswing in youth violence at the end of the twentieth century …

Foreword, Jagdish N. Bhagwati

Faculty Scholarship

The launch of the Indian Journal of International Economic Law by the students at the National Law School of India University is a milestone. It fills an important lacuna in India's study of WTO law and should begin to provide us with informed perspectives on the evolving WTO jurisprudence excessively dominated by the perceptions and objectives of policymakers in powerful developed countries and by the activism of the gigantic, financially-flush NGOs like Friends of the Earth and Oxfam reflecting the viewpoints of their origin and location.

Negotiating The Mega-Rebuilding Deal At The World Trade: Adjacent Property Owners, Lance Liebman

Faculty Scholarship

I will be very brief because I am a peripheral participant in this meeting. The company with which I am connected, Brookfield, owns property near the site. We were the third highest bidder to take over the World Trade Center in a deal that was completed in 2001. If our bid had been slightly higher and we had won the contract, then my experience would have been different. However, as it stands, I am peripheral participant. My primary connection is with Alex Garvin, my college classmate and friend for almost fifty years, and Meredith Kane, one of my favorite students. …

Global Climate Change Offers Hot Career Opportunities, Michael B. Gerrard

Faculty Scholarship

Michael Gerrard, editor of Global Climate Change and U.S. Law, is passionate about global warming and the role lawyers can play in improving the environment. Student Lawyer's Donna Gerson talks to Gerrard about his career path and how law students can make a difference combating climate change.

Can Congress Authorize The Opponents Of Self-Financed Candidates To Receive Extra-Large Contributions?, Richard Briffault

Faculty Scholarship

Is the so-called Millionaires’ Amendment, which permits federal candidates who are running against self-funded opponents to receive contributions significantly above the standard federal statutory ceiling constitutional?

Federal law caps contributions to federal candidates, but the Supreme Court has ruled that limits on how much money a candidate can contribute to his or her own campaign are unconstitutional. This case tests the 2002 Millionaires’ Amendment, which enables candidates for Congress running against self-financing opponents to obtain contributions well above the ordinary statutory ceiling and also imposes additional reporting requirements on self-funding candidates.

Courts, Constitutions, And Public Finance: Some Recent Experiences From The States, Richard Briffault

Faculty Scholarship

Unlike the federal Constitution, virtually all state constitutions give detailed attention to questions of public finance. State constitutions limit spending, mandate certain types of spending, constrain taxation and debt, and require special procedures for enacting a budget. One consequence of the constitutionalization of the state fisc is its judicialization, as these measures trigger litigation. Fiscal and political conflicts turn into legal disputes, with courts joining governors and legislatures in shaping state budgets and making state fiscal policy.

This chapter provides an early-21st-century snapshot of the state constitutional law of state finance through a survey of six recent state supreme court …

"See Me, Feel Me, Touch Me, Hea[R] Me" (And Maybe Smell And Taste Me, Too): I Am A Trademark – A Us Perspective, Jane C. Ginsburg

Faculty Scholarship

The preceding chapter, “Between a sign and a brand,” addresses the current law in the UK and the EU regarding which signs can be a registered trademark, and the scope of protection a trademark receives. Jennifer Davis also considers the extent to which that scope does or should cover the more ineffable subject matter of “brand values.” This comment from the perspective of United States trademark law will follow a similar plan. It first will address what is (and is not) a trademark, focusing on the extensions of trademarks beyond traditional word marks and design marks (logos; trade dress [get-up]) …

E-Disclosure In International Arbitration, Robert H. Smit, Tyler B. Robinson

Faculty Scholarship

Electronically stored documents, in particular, emails, have rapidly become perhaps the most important source of evidence in commercial business disputes of virtually every kind. In the United States, new rules of court procedure seek to address the scope and conduct of discovery of electronic documents, which present unique challenges for litigants that discovery rules and principles designed with hardcopy documents in mind are ill-equipped to address. The same issues arise for international commercial arbitration but no guidelines tailored to the unique nature of international arbitration have yet been devised. This article surveys the unique issues and problems that arise in …