Digital Commons Network^™

Dead Hand Proxy Puts And Shareholder, Sean J. Griffith, Natalia Reisel

Faculty Scholarship

No abstract provided.

Objections To Disclosure Settlements: A How-To Guide, Sean J. Griffith, Anthony A. Rickey

Faculty Scholarship

Stockholder litigation remains in crisis, with over seventy percent of major mergers and acquisitions subject to litigation. A contributing factor is the breakdown of the adversary process at settlement, when former opponents join hands in favor of a compromise that too often expends corporate resources for no real recovery to the plaintiff class. One obvious corrective is the shareholder’s objection to settlement, which restores adversarial character to the settlement process. Shareholders, however, face substantial difficulties in making such objections. In this article, the authors detail the problem and share their experiences in addressing these obstacles, providing a how-to manual for …

Early Childhood Development And The Law, Clare Huntington

Faculty Scholarship

No abstract provided.

Lawful Gun Carriers (Police And Armed Citizens): License, Escalation And Race, Nicholas J. Johnson

Faculty Scholarship

No abstract provided.

The Right To Regulate In Investor-State Arbitration: Slicing And Dicing Regulatory Carve-Outs, Vera Korzun

Faculty Scholarship

This article examines the "right to regulate" as the power of a sovereign state to adopt and maintain government measures for public welfare objectives. It explores how claims by foreign investors in investor-state dispute settlement (ISDS) may interfere with the state's ability to regulate, and how the state can protect its right in international investment agreements. The article first explains the structure of modern international investment law and dispute resolution. It next turns to the right to regulate and explores why regulatory disputes represent a major challenge for ISDS. It continues by analyzing how exceptions, exclusions, and other safeguard provisions …

Natural Born Citizen, Thomas H. Lee

Faculty Scholarship

No abstract provided.

Seow Hon Tan: Justice As Friendship: A Theory Of Law, Ethan J. Leib

Faculty Scholarship

No abstract provided.

The Color Of Kinship, Robin A. Lenhardt

Faculty Scholarship

This Article addresses the need for family law scholarship that better theorizes and grapples with how race informs American life in the 21st Century. Family law scholars have been instrumental in documenting and advocating for recognition of the “new kinship”—familial relationships and affective ties forged outside of marriage and amidst dramatic demographic shifts. In doing so, though, they have largely ignored race, focusing instead on matters such as gender or class. The assumption is that kinship is raceneutral. But, in fact, kinship has a color. Part II explores this reality by analyzing Cramblett v. Midwest Sperm Banks, LLC, a case …

Consumer Form Contracting In The Age Of Mechanical Reproduction, Ethan J. Leib, Zev J. Eigen

Faculty Scholarship

No abstract provided.

Accountable Algorithms, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

Principal Costs: A New Theory For Corporate Law And Governance, Richard Squire

Faculty Scholarship

No abstract provided.

Coordinating Access To Justice For Low And Moderate Income People, Ian Weinstein

Faculty Scholarship

No abstract provided.

The Cathedral Through The Looking Glass: A Commentary On Dagan And Dorfman's Just Relationships, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum

Faculty Scholarship

This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia.

We begin by identifying factors that may contribute to interpretive divergence between the two judicial levels, based on their different institutional structures and operational realities. In doing so, we discuss normative implications that may follow from the prospect of such interpretive divergence. We then examine how three circuit courts have used dictionaries and legislative …

Deadly Dust: Occupational Health And Safety As A Driving Force In Workers’ Compensation Law And The Development Of Tort Doctrine And Practice, George Conk

Faculty Scholarship

No abstract provided.

The Troubling Turn In State Preemption: The Assault On Progressive Cities And How Cities Can Respond, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Olatunde Johnson, Richard C. Schragger

Faculty Scholarship

No abstract provided.

How Women Could Save The World, If Only We Would Let Them: From Gender Essentialism To Inclusive Security, Catherine Powell

Faculty Scholarship

We increasingly hear that empowering women and placing them in positions of leadership will lead to a safer, more prosperous world. The UN Security Council’s groundbreaking resolutions on Women Peace, and Security (WPS) — and U.S. law implementing these commitments — rest on the assumption that women’s participation in peace and security matters will lead to more sustainable peace, because women presumably “perform” in ways that reduce conflict, violence, and extremism. This idea is of heightened importance today because women are still vastly underrepresented in positions of leadership in the peace and security field, having yet to “shatter that highest …

Localist Administrative Law, Nestor M. Davidson

Faculty Scholarship

To read the voluminous literature on administrative law is to inhabit a world focused almost exclusively on federal agencies. This myopic view, however, ignores the wide array of administrative bodies that make and implement policy at the local-government level. The administrative law that emerges from the vast subterranean regulatory state operating within cities, suburbs, towns, and counties has gone largely unexamined. Not only are scholars ignoring a key area of governance, but courts have similarly failed to develop an administrative jurisprudence that recognizes what is distinctive about local agencies. The underlying justifications for core administrative law doctrines at the federal …

A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab

Faculty Scholarship

As an exemplar, Justice Louis D. Brandeis challenges the currently dominant conception that requires lawyers to, in Sanford Levinson's term, "bleach out" their personal identity from their professional identity. Under the dominant neutral partisan vision of the lawyer, clients will only receive the equal representation necessary to provide equal justice if lawyers exclude all personal and group identifications from their role. Brandeis, in contrast, asserted that his Jewish identity constructed his understanding of himself as a jurist. His distinguished career thereby provides a counter-narrative to bleaching-out that can serve as a model for all lawyers, whatever their personal and group …

Concocting Criminal Intent, Deborah W. Denno

Faculty Scholarship

My empirical study, which examines neuroscience evidence in 800 criminal cases over the course of two decades, is the first to determine how, when, and why victim brain scan evidence is introduced and used in court. My study reveals that although courts commonly rely on brain scans to show the extent of a victim’s injury, the actual application of this neuroscience evidence extends far beyond the purpose for which it is admitted.

Antitrust, Consumer Protection, And The New Information Platforms, Mark R. Patterson

Faculty Scholarship

No abstract provided.

The Great Etf Tax Swindle: The Taxation Of In-Kind Redemptions, Jeffrey M. Colon

Faculty Scholarship

Since the repeal of the General Utilities doctrine over 30 years ago, corporations must recognize gain when distributing appreciated property to their shareholders. Regulated investment companies (RICs), which generally must be organized as domestic corporations, are exempt from this rule when distributing property in kind to a redeeming shareholder.

In-kind redemptions, while rare for mutual funds, are a fundamental feature of exchange-traded funds (ETFs). Because fund managers decide which securities to distribute, they distribute assets with unrealized gains and thereby significantly reduce the future tax burdens of their current and future shareholders. Many ETFs have morphed into investment vehicles that …

The Relationship Between Self-Efficacy And Teachers' Ability To Integrate Technology, Robert Hickson

Doctoral Dissertations and Projects

This study sought to evaluate the self-efficacy of teachers with regard to the integration of technology within the curriculum. The purpose of this study was to determine if there is a relationship between teachers’ self-efficacy within the classroom and their ability to integrate the technology available in the classroom. A quantitative, correlational study was performed. The sample was a convenience sample of 64 instructors at the middle grade level of a South Georgia school district. Middle school teachers were surveyed at one point in time, using Media and Technology Usage Attitude Scale (MTUAS) and the Teachers’ Sense of Self- Efficacy …

Book Reviews, Philip Richardson, Shivraj K. Mahendra, Michael Tavey, David Zucker, Logan Patriquin, Philip Richardson, Zachariah S. Motts

The Asbury Journal

No abstract provided.

Journal In Entirety

The Asbury Journal

No abstract provided.

Contemporary Hermeneutics: An Examination Of Selected Works Of John D. K. Ekem On Mother Tongue Biblical Hermeneutics For The African Context, Daniel Nii Aboagye Aryeh

The Journal of Inductive Biblical Studies

This essay examines the mother tongue biblical hermeneutics (MTBH) of selected works of the Ghanaian scholar, John D. K. Ekem. Contextual principles, approaches, and methods have been advanced by biblical scholars to elucidate the meaning of Scripture. However, many of the principles, approaches, and methods do not adequately address the socio-cultural context of Ghana (or Africa) since they are products developed in and for another context. Hence, Ekem’s assertion that biblical interpretation must critically engage and dialogue with local socio-cultural norms in the process of biblical interpretation in Africa. Not surprisingly, MTBH shares several principles with inductive biblical studies (IBS). …

Dissertations And Theses Notices, Gary Mcintosh

Great Commission Research Journal

No abstract provided.

Introduction, Alan Mcmahan

Great Commission Research Journal

No abstract provided.

The Role Of Ngos As Intermediaries: Negotiating The Space Between Donors And Community Members, Mara Horn

Independent Study Project (ISP) Collection

South Africa is considered one of the most unequal countries in the world, even after the fall of the apartheid government in 1994. In order to address the disparities present within the country and the inability of the government to meet the needs of the disadvantaged, NGOs emerged as a possible solution and development alternative. This study aims to understand how NGOs currently operating in Durban, South Africa negotiate their role as intermediaries between donors and community members. Focusing on the perspectives of experts who work for justice-oriented NGOs, each participant’s understanding of their organization’s intermediary position is explored: what …

Pteropus Voeltzkowi And The Understory: A Study Of The Behavioral Impacts Of The Pemba Flying Fox On The Vegetation And Soil Quality Of Pemba Island, Lea Davidson

Independent Study Project (ISP) Collection

This study examines the impact of Pteropus voeltzkowi , colloquially known as the Pemba Flying Fox, on biodiversity and health of the forest ground layer. Known to serve as reforesters, high concentrations of both fruit seeds and nutrient dense guano are introduced into specific environmental locations due to the bat's behavioral patterns. Working around two roost locations, one in Ngezi Forest and the other at the Kidike conservation site near Mjini Ole, diversity of juvenile vegetation was measured and quantified. In a laboratory setting, soil samples from both sites were analyzed for impacts of guano concentration on soil chemical properties. …