Digital Commons Network^™

The Politics And Policy Of The Estate Tax – Past, Present, And Future, Michael J. Graetz

Faculty Scholarship

This paper is an edited transcript of the Lloyd Leva Plaine Distinguished Lecture, delivered at the University of Miami’s Heckerling Estate Planning Institute on January 11, 2011. It reviews the history of the estate tax, discusses the politics of its bizarre repeal for the year 2010 only, and outlines the forces that led to reinstatement of the tax for 2011 and 2012 with a $5 million exemption and 35 percent top rate. The paper makes clear that the coalition pushing for repeal of the estate tax will continue to work to eliminate it and also explores potential broader implications of …

Self-Discrimination: A Field Experiment On Obesity, Pablo Brañas-Garza, Antonios Proestakis

ESI Working Papers

While it is well-established in the literature that obese people are dis- criminated against in the working environment, little is known about their own actual behavior. Our experimental setting investigates whether these potentially discriminated people respond in a di erent way when faced with the opportunity of earning a positive amount of money. Signi cant lower money requests by people who are self-reported as obese con rm our self-discrimination hypothesis, o ering an additional explanation for the wage gap; Thus, it seems that these obese people earn less not only because of discrimination against them but also because they themselves …

Conflicted Minds: Recalibrational Emotions Following Trust-Based Interaction, Eric Schniter, Roman M. Sheremeta, Timothy W. Shields

ESI Working Papers

We investigated whether 20 emotional states, reported by 170 participants after participating in a Trust game, were experienced in a patterned way predicted by the Recalibrational Model. According to this dynamic model, new information about trust-based interaction outcomes triggers specific sets of emotions. Emotions, in turn, recalibrate the short-sighted or long-sighted programs in self and/or others that determine trust-based behavior propensity. Unlike Valence Models that predict reports of large sets of emotional states according to interdependent positive and negative affect alone, the Recalibrational Model predicts conflicted, mixed-affect emotional states. Consistent with the Recalibrational Model, we observed reports of mixed-affect (concurrent …

New York's Revived Power Plant Siting Law Preempts Local Control, Michael B. Gerrard

Faculty Scholarship

Taking most observers by surprise, the New York State Legislature on June 22, 2011, overwhelmingly passed The Power NY Act of 2011. Governor Andrew Cuomo signed it on Aug. 4. The new law revives Article X of the Public Service Law after a nearly nine-year hibernation. As before, the law creates a one-stop, state-led program for permitting electric generating facilities while preempting local requirements. But the new Article X differs from its predecessor in several important ways: It covers facilities as small as 25 megawatts (down from the prior 80 megawatts threshold), it has even more generous provisions for funding …

On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee

Maryland Law Review

No abstract provided.

Inside Out, Elizabeth F. Emens

Faculty Scholarship

Russell Robinson has done it again. With Masculinity as Prison: Sexual Identity, Race, and Incarceration, he has given us another provocative Article, which illuminates a phenomenon in the world and, indirectly, in ourselves. The Article represents much of what generally makes Robinson’s work so compelling. First, he writes about tremendously complex subjects and attends to their many complexities in remarkably lucid prose. Second, despite his critical perspective, he does not hesitate to make prescriptive arguments.

In this Article, he even ventures into the hallowed ground of constitutional argument, something he has not done since his first article on race-based …

Pornography As Pollution, John Copeland Nagle

Maryland Law Review

No abstract provided.

Allen V. Dackman: Doing Away With Limited Liability In Maryland, Jeffrey S. Quinn

Maryland Law Review

No abstract provided.

In Memoriam: William J. Stuntz, Pamela S. Karlan, Michael J. Klarman, Martha Minow, Daniel C. Richman, Robert E. Scott, David Skeel, Carol Steiker

Faculty Scholarship

Bill made a lot of errors in his articles. I know that, because he told me so, often in graphic detail, sometimes years after writing them; sometimes days. As anyone familiar with Bill or his work knows, this sort of harsh self-criticism bespeaks not any laxity or insouciance on Bill’s part, or even a false modesty, but rather an intense commitment to intellectual rigor, and (even more astounding for a legal academic) actually “getting it right.”

The Roles Of Conserved And Nonconserved Cysteinyl Residues In The Oligomerization And Function Of Mammalian Prestin, Benjamin Currall, Danielle Rossino, Heather Jensen Smith, Richard Hallworth

Journal Articles: Eppley Institute

The creation of several prestin knockout and knockin mouse lines has demonstrated the importance of the intrinsic outer hair cell membrane protein prestin to mammalian hearing. However, the structure of prestin remains largely unknown, with even its major features in dispute. Several studies have suggested that prestin forms homo-oligomers that may be stabilized by disulfide bonds. Our phylogenetic analysis of prestin sequences across chordate classes suggested that the cysteinyl residues could be divided into three groups, depending on the extent of their conservation between prestin orthologs and paralogs or homologs. An alanine scan functional analysis was performed of all nine …

Reduction Of Exacerbations By The Pde4 Inhibitor Roflumilast--The Importance Of Defining Different Subsets Of Patients With Copd, Stephen I. Rennard, Peter M.A. Calverley, Udo M. Goehring, Dirk Bredenbröker, Fernando J. Martinez

Journal Articles: Pulmonary & Critical Care Med

BACKGROUND: As chronic obstructive pulmonary disease (COPD) is a heterogeneous disease it is unlikely that all patients will benefit equally from a given therapy. Roflumilast, an oral, once-daily phosphodiesterase 4 inhibitor, has been shown to improve lung function in moderate and severe COPD but its effect on exacerbations in unselected populations was inconclusive. This led to the question of whether a responsive subset existed that could be investigated further.

METHODS: The datasets of two previous replicate, randomized, double-blind, placebo-controlled, parallel-group studies (oral roflumilast 500 μg or placebo once daily for 52 weeks) that were inconclusive regarding exacerbations were combined in …

Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline Kim

Scholarship@WashULaw

This Essay critically examines the commonplace use by judicial politics scholars of principal-agent models to describe the federal judicial hierarchy. It argues that agency models are useful in highlighting certain aspects of the interaction between upper and lower courts - specifically, the existence of value conflicts and informational asymmetries - but that in other ways traditional principal-agent models fit poorly the relationship between the lower federal courts and the Supreme Court. As a consequence, these models tend to obscure important normative questions about the relationship between lower and upper courts, as well as to distort the role that law plays …

Living With Schizophrenia: A Phenomenological Investigation, Andri Yennari

Electronic Theses and Dissertations

This study investigated the experience of living with schizophrenia through seven participants' accounts of the way they have been perceived and treated by others, as well as the way they viewed themselves after having been identified with the diagnosis of schizophrenia. Participants were recruited through psychologists at the mental health facility where they received treatment and were interviewed by the researcher in that facility.

To analyze the data of this study, an empirical phenomenological method was used to explicate the meaning of schizophrenia as it was experienced and lived by participants. A hermeneutic component was included to interpret the data …

Fee Shifting In Investor-State Arbitration: Doctrine And Policy Justifying Application Of The English Rule, David P. Riesenberg

Duke Law Journal

In investor-state arbitration, tribunals can and should apply the English rule on legal costs and abandon the two alternatives, the American rule and the pro-claimant rule. Under the English rule, the unsuccessful party in a dispute must indemnify the prevailing party for the costs of dispute resolution. Both doctrine and public policy support the application of the English rule, particularly in light of the much-publicized backlash against the investor-state arbitration system. Most importantly, the English rule would help to mitigate the two most commonly identified causes of the backlash the system's alleged proinvestor bias and its chilling effect on host …

The Curious Relationship Of Marriage And Freedom, Katherine M. Franke

Faculty Scholarship

This essay explores why and how today’s marriage equality movement for same-sex couples might benefit from lessons learned by African Americans when they too were allowed to marry for the first time in the immediate post-Civil War era. Why has the right to marry, rather than say, employment rights, educational opportunity or political participation, emerged as the preeminent vehicle by and through which the freedom, equality and dignity of gay men and lesbians is being fought in the present moment. Why marriage? In what ways are the values, aspirations, and even identity of an oppressed community shaped when they are …

Attachments And Associated Reasons, Joseph Raz

Faculty Scholarship

The paper will unfold in 5 parts dealing with five questions: first, does the partiality of attachments present an obstacle to their being or giving practical reasons? Second, given a value-based approach to practical reasons, can universal values generate reasons that are specific to their subjects, reasons – say – towards my friends that only I have? Third, do attachments affect what we do independently of any reasons that they provide? Fourth, in what ways do attachments constitute or provide normative reasons, and briefly, how do attachment-related reasons relate to other practical reasons? Finally, I turn to the question of …

Prevailing Academic View On Compliance Flexibility Under § 111 Of The Clean Air Act, Gregory Wannier, Jason A. Schwartz, Nathan D. Richardson, Michael A. Livermore, Michael B. Gerrard, Dallas Burtraw

Faculty Scholarship

EPA will soon propose performance standards under Section 111 of the Clean Air Act for greenhouse gas pollution from the two largest emitting stationary source sectors – fossil-fueled power plants and petroleum refineries. The form these standards will take remains unclear. A key issue that will shape the effectiveness of the regulations is the degree to which they enable regulated entities to use flexible approaches to achieve the standards. This discussion paper provides the content of a letter to EPA Administrator Jackson that describes areas of general academic agreement on the EPA’s authority to use compliance flexibility options under Section …

The Rising Bar For Persecution In Asylum Cases Involving Sexual And Reproductive Harm, Fatma E. Marouf

Faculty Scholarship

This Article argues that there is a rising bar for establishing persecution in U.S. asylum cases involving sexual and reproductive' harm. Analyzing recent cases, the Article shows that adjudicators tend to apply a higher standard for physical harm in these types of cases and largely overlook nonphysical harm, including psychological suffering and the intangible harm caused by deprivation of equality, autonomy, and privacy. The Article focuses specifically on two types of cases where these patterns appear: (1)female genital mutilation (FGM); and (2) involuntary insertion of an intrauterine device (IUD). Regarding FGM, the Article discusses an emerging dispute as to whether …

Equal Opportunity For Arbitration, Hiro Aragaki

Faculty Scholarship

Despite talk of a “federalism revival,” state law is quietly losing ground in the U.S. Supreme Court, and the arbitration area is no exception. For as currently interpreted by the lower courts, the Federal Arbitration Act (FAA) is on course to preempt a vast array of legislation that serves important public interests but that is only tenuously related to arbitration. The Court has implicitly endorsed this trajectory in AT&T Mobility LLC v. Concepcion (decided as this Article went to press), leading many to abandon hope of a principled judicial response to this mounting problem of overpreemption. In this Article, I …

Arbitration’S Suspect Status, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard

Faculty Scholarship

This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global …

Making Willing Bodies: Manufacturing Consent Among Prisoners And Soldiers, Creating Human Subjects, Patriots, And Everyday Citizens, Bernard E. Harcourt

Faculty Scholarship

In March 1944, doctors at the University of Chicago began infecting volunteer convicts at Stateville Prison with a virulent strand of malaria to test the effectiveness and side-effects of potent anti-malarial drugs. According to Dr. Alf Alving, the principal investigator, malaria "was the number-one medical problem of the war in the Pacific" and "we were losing far more men to malaria than to enemy bullets." This refrain would rehearse one of the most productive ways of speaking about prisoner experimentation. The Stateville prisoners became human once again and regained their citizenship and political voice by sacrificing their bodies to the …

Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik

Faculty Scholarship

After legislatures criminalized a major portion of juvenile delinquency in the 1980s and 1990s, large numbers of incarcerated youth began serving their sentences in adult correctional facilities. To understand the ramifications of this practice, prior research studies compared the correctional experiences of youth in juvenile and adult facilities. Yet this research often minimized the pains of imprisonment for youth in juvenile facilities, based on the contrast to adult facilities and the toxic conditions of confinement within them. In this Article, we contribute to this literature by analyzing data from interviews with 188 young men incarcerated in juvenile and adult facilities …

Work-Family Balance As A Mediator Of Relationships Between Family-Supportive Organizational Perceptions And Employee And Organization Outcomes, Jaimie Bell

Dissertations and Theses @ UNI

Work-family balance is a common term used in organizations with important implications for employees. The purpose of this research was to determine if the antecedent variable family-supportive organizational perceptions were related to four positive outcomes: engagement, intent to quit, physical health, and job tension/strain. More specifically, this research focused on determining whether or not work-family balance was the mediating variable in these four relationships. A 12 item survey was issued to those individuals who met specific inclusion criteria. This criteria stated that respondents had to have at least one dependent child currently living at home as well as work at …

Using Novels In The Science Classroom, Hannah Llewellyn Haarhues

Dissertations and Theses @ UNI

Reading is a key factor in the success of students through their school years as well as their lives. With Americans reading less and falling behind in subjects as they progress through the school system, reading is the subject area that benefits all aspects of their schooling. Studies done from the 1990s on have shown successful reading programs improve standardized test scores of school age students. Trade books in place of textbooks had been explored, but only in middle school or younger. This study uses a survey to explore high school biology students' opinions on reading and science before and …

The Institutional Configuration Of Deweyan Democracy, William H. Simon

Faculty Scholarship

After more than two decades of effort to recover and adapt John Dewey’s thought for a reformed liberal politics, the institutional implications of his ideas remain elusive. This essay argues that a distinctive set of modern business practices and an incipient public policy architecture embody key precepts of Dewey’s political theory. The practices and architecture have developed independently of Dewey’s ideas, but they elaborate the ideas implicitly, and they are illuminated by them.

Rationing Justice By Rationing Lawyers, Peter A. Joy

Scholarship@WashULaw

The number of lawyers in the United States continues to increase, but low and middle-income persons still find it difficult, if not impossible, to afford legal assistance. National and state surveys reveal that more than 80 percent of the civil legal needs of the poor go unmet, as do a majority of the needs of middle-income persons. Legal representation can often dramatically increase a person’s ability to win at trial or to negotiate a favorable outcome, and the lack of access to lawyers effectively closes the courthouse doors for millions. This Article focuses on the crisis in Missouri's public defender …

Comparative International Law, Ugo Mattei

Faculty Scholarship

No abstract provided.

How (Not) To Regulate Arts: Lessons From Octomom, Radhika Rao

Faculty Scholarship

No abstract provided.

The Black Poor, Black Elites, And America's Prisons, James Forman Jr.

Cardozo Law Review

No abstract provided.