Digital Commons Network^™

Securities Regulation, George L. Flint Jr.

SMU Annual Texas Survey

No abstract provided.

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

No abstract provided.

“Modern Day Slavery”- Implications Of A Label, Mary Graw Leary

Scholarly Articles

Over the last decades much progress has been made in the fight against human trafficking. As with any social movement, divisions exists among activists and scholars on the most effective direction to execute social change. Often, these focus on language. One such critical discussion is whether it is appropriate to label human trafficking “Modern Day Slavery.” Although the term has existed for several years, the analogy gained a more full acceptance with its use by President Obama in September 2012 when he described “the injustice, the outrage, of human trafficking which must be called by its true name -- modern …

A Legal Definition Of Leadership: Understanding §3b1.1 Of The Federal Sentencing Guidelines, Marin Roger Scordato

Scholarly Articles

This Article offers a formal legal definition of “leadership” drawn from an unusual quarter: criminal sentencing. Sentencing guidelines that include adjustments based on the extent to which a defendant was a “leader” have spawned hundreds of appellate court cases attempting to develop a thoughtful, workable definition of the term. Reviewing these cases, this Article offers 25 separate characteristics courts have found material to a legal judgment as to whether an individual has been a leader within a criminal enterprise.

Eleven of these characteristics can be organized into three categories, which operate on the boundaries of the leadership concept. The first …

Top-Down Bank Capital Regulation, Heidi Mandanis Schooner

Scholarly Articles

In proposing a top-down system of capital regulation, this Article shares a precautionary attitude toward bank regulation found increasingly in post-Financial Crisis scholarship. The viewpoint is one that favors ex ante financial regulation in which regulators are charged with avoiding public harm. More broadly, this Article rejects the notion that regulation is the enemy of markets and therefore must be minimized. Regulation is viewed neutrally—neither inherently good nor inherently bad—as a co-existing partner in highly complex and ever evolving financial markets.

To develop the case for a top-down system of capital regulation, this Article continues as follows, Part II describes …

Public Enforcement Of Patent Law, Megan M. La Belle

Scholarly Articles

Law enforcement in the modern regulatory state is largely a joint enterprise. In areas such as securities, antitrust, civil rights, and environmental law, enforcement responsibilities are allocated between public and private actors. Patent law, on the other hand, is enforced almost exclusively through private lawsuits. Considering patent law's constitutionally mandated public purpose--“to promote the Progress of Science and useful Arts”-- this privatization of patent enforcement is troubling.

In recent years, there has been some movement away from this purely private enforcement scheme for patent law. The Department of Justice and the Federal Trade Commission, for example, have involved themselves in …

Fee Shifting For Ptab Proceedings, Megan M. La Belle

Scholarly Articles

Fee shifting in patent litigation has been a hot topic in recent years. In Octane Fitness v. ICON and Highmark v. Allcare, the Supreme Court made it easier to shift fees under 35 U.S.C. § 285, which allows courts to award reasonable attorney’s fees to prevailing parties in patent cases. Moreover, several bills have been introduced in Congress since 2013 that would expand courts’ power beyond the parameters of § 285. Various aspects of these proposals have been heavily debated, including whether fee shifting should be mandatory or discretionary, how to recover fees from the “real party in interest,” and …

The Blue Ridge Railroad: Letters Of Mr. George A. Trenholm And Mr. William Gregg On That Subject - Accession 1208 - M575 (628), Blue Ridge Railroad, George A. Trenholm, William Gregg

Manuscript Collection

The collection consists of a booklet of letters to the editor from George A. Trenholm and William Gregg concerning The Blue Ridge Railroad. This railroad was to be built to complete the connection of the line that was to run from Charleston, SC to Cincinnati, Ohio. This line would have run from Anderson, SC to Knoxville, TN. Construction began in 1854 and ceased just before the beginning of the Civil War. The railroad was never completed. The letters appeared in the Edgefield Advertiser, Charleston Courier, and Charleston Mercury in 1860.

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman

Articles

All creativity and innovation build on existing ideas. Authors and inventors copy, adapt, improve, interpret, and refine the ideas that have come before them. The central task of intellectual property (IP) law is regulating this sequential innovation to ensure that initial creators and subsequent creators receive the appropriate sets of incentives. Although many scholars have applied the tools of economic analysis to consider whether IP law is successful in encouraging cumulative innovation, that work has rested on a set of untested assumptions about creators’ behavior. This Article reports four novel creativity experiments that begin to test those assumptions. In particular, …

Protest Is Different, Jessica L. West

University of Richmond Law Review

No abstract provided.

Woman's Club Of Rock Hill Records - Accession 219, Woman's Club Of Rock Hill

Manuscript Collection

The Woman's Club of Rock Hill's mission is to further the cultural, educational, and social interest of its members and to promote interest in Rock Hill’s civic development and welfare. The Woman's Club of Rock Hill Records consist of constitutions and bylaws, histories, minutes, reports, correspondence, memoranda, program notes, brochures, newsletters, membership lists, yearbooks, questions, certificates, awards, scrapbooks, newspaper clippings, and photographs. The records also relate to the thirteen affiliated clubs comprising the Woman’s Club of Rock Hill: Amateur Arts, Arts Appreciation, Book Discussion, Book Lovers, Crafts, Hearthstone, Hermitage, Home Study, Lantern, Literary, Outlook, Palmetto, and Politeia, and to other …

Hillenmeyer, "Convenience Of The Employer," And The Taxation Of Nonresidents' Incomes, Edward A. Zelinsky

Articles

In Hillenmeyer v. Cleveland Board of Review, Ohio’s Supreme Court unanimously declared that Cleveland’s municipal income tax violated the Due Process Clause of the U.S. Constitution by taxing a nonresident athlete under the “games-played” method rather than the “duty-days” method. According to the Ohio court, the games-played approach overtaxed Mr. Hillenmeyer by allocating to Cleveland Mr. Hillenmeyer’s compensation from the Chicago Bears using the percentage of the Bears’ games played in Cleveland. By this approach, Cleveland taxed Mr. Hillenmeyer extraterritorially, reaching income he earned from services he performed for the Bears outside of Cleveland’s borders. Due Process, the Ohio …

Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles

Articles

In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The enormous concentration of economic power in the top 1% is the culmination of decades of significant income and wealth gains for the top, combined with stagnant or decreasing growth for the majority - a trend that continues apace. But nowhere is the gap more glaring than in the civil docket, where class actions brought by or on behalf of low-income consumers and employees are on the verge of disappearing.

To be sure, the decline in class actions is only …

Scripture And Modern Epistemological Methodologies In Adventist Hermeneutics: An Uneasy Relationship, Denis Fortin

Faculty Publications

No abstract provided.

The Subordination Of Women Revisited: A Contextual And Intertextual Exegesis Of Genesis 3:16, Jacques B. Douhkan

Faculty Publications

No abstract provided.

Linear, Narrative-Plot Development In The Song Of Songs—Part Two, Richard M. Davidson

Faculty Publications

This article examines the linear, narrative-plot development in the Song of Songs. Evidence is first given supporting several hermeneutical presuppositions which underpin this study: (1) the unity of the Song, revealed especially in its exquisitely designed symmetrical literary macrostructure; (2) Solomonic authorship of the Song, written early in his reign while he was still monogamous; (3) King Solomon and Pharaoh’s daughter (Shulamit) as the couple in the Song; and (4) a literal (not allegorical) interpretation of the Song as human love poetry. Building upon these presuppositions, this article explores text-indicators for the historical narrative-plot progression of the Song, building largely …

Dicta, Vol.16, No.1, 2016, Suffolk University Law School

Dicta

DICTA is the student newspaper of Suffolk University Law School. This collection represents a small selection of the paper's full print run; paper copies of the full run of issues are available at the Moakley Archive.

Data Privacy And Inmate Recidivism, Chad Squitieri

Scholarly Articles

Private companies are awarded contracts to provide Internet technologies within jails and prisons. These correctional contractors often argue that their services can reduce recidivism rates by, for example, providing inmates with access to video messaging services where inmates can communicate with loved ones who are otherwise unable to travel to communicate in person. A close examination of the privacy policies offered by correctional contractors, however, reveals how efforts to reduce recidivism rates are undermined.

As this Essay will explain, correctional contractors collect sensitive data about inmates and the loved ones with whom they communicate. If this data is stolen or …

Free Exercise By Moonlight, Marc O. Degirolami

Scholarly Articles

How is the current condition of religious free exercise, and religious accommodation in specific, best understood? What is the relationship of the two most important free exercise cases of the past half-century, Employment Division v. Smith and Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC? This essay explores four possible answers to these questions.

1. Smith and Hosanna-Tabor are the twin suns of religious accommodation under the Constitution. They are distinctively powerful approaches.

2. Hosanna-Tabor's approach to constitutional free exercise is now more powerful than Smith's. Smith has been eclipsed.

3. Hosanna-Tabor has shown itself to be feeble. It has …

Virtue, Freedom, And The First Amendment, Marc O. Degirolami

Scholarly Articles

The modern First Amendment embodies the idea of freedom as a fundamental good of con- temporary American society. The First Amendment protects and promotes everybody's freedom of thought, belief speech, and religious exercise as basic goods-as given ends of American political and moral life. It does not protect these freedoms for the sake of promoting any particular vision of the virtuous society. It is neutral on that score, setting limits only in those rare cases when the exercise of a First Amendment freedom exacts an intolerable social cost.

Something like this collection of views constitutes the conventional account of the …

A Place Of Their Own: Crowds In The New Market For Equity Crowdfunding, Seth C. Oranburg

Scholarly Articles

Is small better than large? When it comes to normative business law policy, many seem to think so. Many scholars attribute the 2007-08 financial crisis to mis-regulation of large banks. Many others attribute the subsequent economic recovery to jobs created by small businesses. While the "99%" protested big banks on Wall Street, the "Startup America" grassroots campaign for small business garnered political support for corporate-finance legislation. Within a two-year period, Congress passed the JOBS Act-which tripled private company shareholder limits, authorized federal equity crowdfunding, and created the "mini-IPO" Regulation A+ - and the Dodd-Frank Act-which seeks to end "too big …

The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins

Faculty Publications

The Endangered Species Act (ESA) was designed to protect species that had been rendered more vulnerable to extinction as a result of human activity. As such, its implementation has traditionally focused on keeping human beings away from such species and giving the species (and their ecosystems) space to heal on their own. Climate change is altering the landscape everywhere on the globe, rendering the hands-off approach no longer sufficient. Active interventions will become more necessary as we get further into the changing climate. Taking decisive action in response to climate change will also require a fundamental shift in our approach …

Flagrant Police Abuse: Why Black Lives (Also) Matter To The Fourth Amendment, Joelle A. Moreno

Faculty Publications

No abstract provided.

Growing Up In Junction City, Oregon. A Memoir., Lois Christiansen Eagleton

The Bridge

I grew up in a Danish world in America. It seemed that all of my relatives and most of our family friends were Danes. Though my parents did not speak much Danish at home, mainly because their families had come from different parts of Denmark and they could not agree on pronunciation, I learned when I went to college that I had a few Danish words in my vocabulary that I had no idea were not English.

Editorial Statement

The Bridge

No abstract provided.

Book Reviews

The Bridge

No abstract provided.

I, The Unreliable, Rigoberta Menchu, Rebecca Anderson '19

Outstanding Gateway Papers

There have been many discrepancies regarding the credibility of the book I, Rigoberta Menchu. In the so-called “autobiography” Menchu describes the mass destruction, misery, violence, and oppression towards the indigenous Guatemalan people during the Guatemalan civil war. However, according to research done by anthropologist David Stoll, there is an abundance of inconsistencies and exaggerations in this story. Due to the potential that there are skewed facts and false accounts, this book should not be entered into evidence for the Guatemalan Commission for Historical Health (GCHH). Menchu’s book contains very questionable truths not only about the book’s facts, but about …

The Dirty Effects Of Clean Energy Technology: Supportive Regulations To Promote Recycling Of Lithium Ion Vehicle Batteries, Liz Harland

San Diego Journal of Climate & Energy Law

The discovery of potential environmental, geo-political, and human health concerns from the production and disposal of millions of Li-ion batteries each year demands stronger government policies to encourage recovery, recycling and reuse of Li-ion battery materials. The increasing demand for lithium will potentially shift the resource curse experienced by oil-rich countries to lithium-rich countries in South America, such as Chile, Argentina, and Bolivia. Part II of this Comment provides an overview of the negative impacts associated with the mining, production, and disposal of Li-ion batteries. It examines the environmental and human health effects of mining lithium on surrounding communities, and …

Excavating Legal Landscapes: Juridical Archaeology And The Politics Of Bureaucratic Materiality In Bogotá, Colombia, Federico Pérez

University Honors College Faculty Publication and Presentations

In Bogota, urban planners employ the notion of juridical archaeology to describe the difficulties associated with the implementation of the city's profuse and contradictory building regulations.

Perceptions And Reality: The Enforcement Of Foreign Arbitral Awards In China, Roger P. Alford, Julian G. Ku, Bai Xiao

Hofstra Law Faculty Scholarship

No abstract provided.