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Hierarchy And Heterogeneity: How To Read A Statute In A Lower Court, Aaron-Andrew P. Bruhl Mar 2012

Hierarchy And Heterogeneity: How To Read A Statute In A Lower Court, Aaron-Andrew P. Bruhl

Faculty Publications

Is statutory interpretation an activity that all courts should perform the same way? Courts and commentators implicitly so conclude. I believe that conclusion is wrong. Statutory interpretation is a court-specific activity that should differ according to the institutional circumstances of the interpreting court. The U.S. Supreme Court is not the model all other courts should emulate.

I identify three kinds of institutional differences between courts that bear on which interpretive methods are appropriate: (1) the court’s place in the hierarchical structure of appellate review, (2) the court’s technical capacity and resources, and (3) the court’s democratic pedigree, particularly as reflected …


Capital Purchase Program Frequently Asked Questions, United States: Department Of The Treasury Mar 2012

Capital Purchase Program Frequently Asked Questions, United States: Department Of The Treasury

Documents

No abstract provided.


History Of Rule 2a‐7—The Evolution Of Money Market Fund Regulation, Investment Company Institute Mar 2012

History Of Rule 2a‐7—The Evolution Of Money Market Fund Regulation, Investment Company Institute

Documents

No abstract provided.


Us Government Efforts To Repair Its Image After The 2008 Financial Crisis, Andrea A. Chua, Augustine Pang Mar 2012

Us Government Efforts To Repair Its Image After The 2008 Financial Crisis, Andrea A. Chua, Augustine Pang

Research Collection Lee Kong Chian School Of Business

Globalization has intensified the interaction and interdependency among countries. The need to maintain good reputation and establish good relationships should dominate public diplomacy efforts (Hiebert, 2005). Using the US financial crisis 2008 as a case study, this study examines how the world's only superpower repaired its image when it was accused of triggering the financial meltdown that impacted the world economy. Few studies have examined repair strategies by nations. The need to undertake more empirical research to understand how the image-rebuilding rhetoric can aid diplomatic efforts remains relevant today.


American International Group, Inc. 2011 Annual Report, American International Group, Inc. (Aig) Feb 2012

American International Group, Inc. 2011 Annual Report, American International Group, Inc. (Aig)

Documents

No abstract provided.


Ally Financial Inc., Form 10−K Annual Report Pursuant To Section 13 Or 15(D) Of The Securities Exchange Act Of 1934 For The Fiscal Year Ended December 31, 2011, Ally Financial Inc. Feb 2012

Ally Financial Inc., Form 10−K Annual Report Pursuant To Section 13 Or 15(D) Of The Securities Exchange Act Of 1934 For The Fiscal Year Ended December 31, 2011, Ally Financial Inc.

Documents

No abstract provided.


A Strategic Plan For Enterprise Conservatorships: The Next Chapter In A Story That Needs An Ending, United States: Federal Housing Finance Agency (Fhfa) Feb 2012

A Strategic Plan For Enterprise Conservatorships: The Next Chapter In A Story That Needs An Ending, United States: Federal Housing Finance Agency (Fhfa)

Documents

Outlines goals for the next phase of conservatorship including:1. Build 2. Contract 3. Maintain


How Effective Were The Federal Reserve Emergency Liquidity Facilities? Evidence From The Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility, Burcu Duygan-Bump, Patrick M. Parkinson, Eric Rosengren, Gustavo A. Suarez, Paul Willen Feb 2012

How Effective Were The Federal Reserve Emergency Liquidity Facilities? Evidence From The Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility, Burcu Duygan-Bump, Patrick M. Parkinson, Eric Rosengren, Gustavo A. Suarez, Paul Willen

Documents

Evidence from the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility


A Strategic Plan For Enterprise Conservatorships: The Next Chapter In A Story That Needs An Ending, United States: Federal Housing Finance Agency (Fhfa) Feb 2012

A Strategic Plan For Enterprise Conservatorships: The Next Chapter In A Story That Needs An Ending, United States: Federal Housing Finance Agency (Fhfa)

Documents

No abstract provided.


Jp Morgan Form 10-K 2011, Jpmorgan Chase & Co. Feb 2012

Jp Morgan Form 10-K 2011, Jpmorgan Chase & Co.

Documents

No abstract provided.


Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure Feb 2012

Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure

William & Mary Environmental Law and Policy Review

No abstract provided.


Comment Letter On The Rulemaking Implementing Section 619 Of Dodd-Frank Wall Street Reform, Jpmorgan Chase & Co., Barry Zubrow Feb 2012

Comment Letter On The Rulemaking Implementing Section 619 Of Dodd-Frank Wall Street Reform, Jpmorgan Chase & Co., Barry Zubrow

Documents

Comment Letter on the Notice of Proposed Rulemaking Implementing Section 619 of the Dodd-Frank Wall Street Reform and Consume Protection Act


Which Factors Are Shaping Lng Markets In The Americas?, Inter-American Dialogue's Latin American Energy Advisor Feb 2012

Which Factors Are Shaping Lng Markets In The Americas?, Inter-American Dialogue's Latin American Energy Advisor

Latin American Energy Dialogue, White Papers and Reports

Only 19 percent of Trinidad and Tobago's liquefied natural gas (LNG) exports went to the United States in 2011, down from 89 percent of LNG exports in 2005, the country's government said in January. What factors are most shaping the LNG market this year in the Caribbean and elsewhere in the Latin America? What is the mid- and long-term outlook for LNG, a commodity in which companies and countries of the Americas have invested significant sums of money?


Report & Recommendations Of The Sipc Modernization Task Force, Securities Investor Protection Corporation (Sipc) Feb 2012

Report & Recommendations Of The Sipc Modernization Task Force, Securities Investor Protection Corporation (Sipc)

Documents

No abstract provided.


Credit Unions, Community Development Finance, And The Great Recession, Clifford Rosenthal Feb 2012

Credit Unions, Community Development Finance, And The Great Recession, Clifford Rosenthal

Documents

No abstract provided.


A Visa To Snitch: An Addendum To Cox And Posner, Eleanor Marie Lawrence Brown Feb 2012

A Visa To Snitch: An Addendum To Cox And Posner, Eleanor Marie Lawrence Brown

Notre Dame Law Review

The article presents information on the immigration law of the U.S. and the need of a second order structure of immigration law. The challenges facing the visa application processes based on the screening of terrorism suspects and information gathering are discussed. The use of sanctions is also discussed with reference to the trials of Cox and Posner.


The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire Jan 2012

The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire

University of Baltimore Journal of Land and Development

No abstract provided.


Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz Jan 2012

Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


An Embarrassment Of Riches: American Religious Pluralism As A Threat, Richard Grigg Jan 2012

An Embarrassment Of Riches: American Religious Pluralism As A Threat, Richard Grigg

Sacred Heart University Press Books

Religious diversity is a sign of the vitality of American spirituality, but it presents a challenge: a thoughtful believer will most likely recognize that religious Others hold beliefs that contradict his or her own and will confront the fact that there is apparently no better evidence for his or her own beliefs than for those held by the religious Other. Thus the religious Other can easily become the disconfirming Other. An Embarrassment of Riches examines the various responses open to the believer challenged by the disconfirming Other, from self-deception of New Age spirituality to rigid fundamentalist opposition.


Health Insurance Exchanges: A Panacea Or A Band-Aid?, Luisa Sanchez De Tagle Jan 2012

Health Insurance Exchanges: A Panacea Or A Band-Aid?, Luisa Sanchez De Tagle

Electronic Theses and Dissertations

In 2010, the 111th Congress passed the first national health care reform in the United States, the Patient Protection and Affordable Care Act (ACA). This landmark legislation is intended to "fix" a health care system renowned for decreasing access and escalating costs. This paper examines one of the principal reforms in the ACA, the state health insurance exchanges. The author finds theoretical and empirical evidence to support the exchanges' potential (in conjunction with other relevant ACA reforms) to increase access, decrease insurers' excess profits and shift health care costs away from those least able to afford them. The exchanges fall …


Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance Jan 2012

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Annual Interdisciplinary Conference on Human Trafficking: 4th (2012)

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …


Annual Report To The Nation On The Status Of Cancer, 1975-2008, Featuring Cancers Associated With Excess Weight And Lack Of Sufficient Physical Activity, Christie Eheman, S. Jane Henley, Rachel Ballard-Barbash, Eric J. Jacobs, Maria J. Schymura, Anne-Michelle Noone, Liping Pan, Robert N. Anderson, Janet E. Fulton, Betsy A. Kohler, Ahmedin Jemal, Elizabeth Ward, Marcus Plescia, Lynn A. G. Ries, Brenda K. Edwards Jan 2012

Annual Report To The Nation On The Status Of Cancer, 1975-2008, Featuring Cancers Associated With Excess Weight And Lack Of Sufficient Physical Activity, Christie Eheman, S. Jane Henley, Rachel Ballard-Barbash, Eric J. Jacobs, Maria J. Schymura, Anne-Michelle Noone, Liping Pan, Robert N. Anderson, Janet E. Fulton, Betsy A. Kohler, Ahmedin Jemal, Elizabeth Ward, Marcus Plescia, Lynn A. G. Ries, Brenda K. Edwards

United States Public Health Resources

BACKGROUND: Annual updates on cancer occurrence and trends in the United States are provided through collaboration between the American Cancer Society (ACS), the Centers for Disease Control and Prevention (CDC), the National Cancer Institute (NCI), and the North American Association of Central Cancer Registries (NAACCR). This year’s report highlights the increased cancer risk associated with excess weight (overweight or obesity) and lack of sufficient physical activity (<150 minutes of physical activity per week).

METHODS: Data on cancer incidence were obtained from the CDC, NCI, and NAACCR; data on cancer deaths were obtained from the CDC’s National Center for Health Statistics. Annual percent changes in …


The Great American Tax Novel, Lawrence A. Zelenak Jan 2012

The Great American Tax Novel, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, David Foster Wallace. The Pale King (Michael Pietsch ed., 2011)


Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young Jan 2012

Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young

Faculty Scholarship

No abstract provided.


Facilitating Appropriate Whistleblowing: Examining Various Approaches To What Constitutes Fact To Trigger Protection Under Article 33 Of The United Nations Convention Against Corruption, Kristian Soltes Jan 2012

Facilitating Appropriate Whistleblowing: Examining Various Approaches To What Constitutes Fact To Trigger Protection Under Article 33 Of The United Nations Convention Against Corruption, Kristian Soltes

American University International Law Review

No abstract provided.


Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich Jan 2012

Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich

West Virginia Law Review

No abstract provided.


You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones Jan 2012

You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones

West Virginia Law Review

No abstract provided.


James Marion Sims, M.D., Ll.D., Jonathan Tavares, B.S., Charles J. Yeo, Md, Pinckney J. Maxwell, Iv, Md Jan 2012

James Marion Sims, M.D., Ll.D., Jonathan Tavares, B.S., Charles J. Yeo, Md, Pinckney J. Maxwell, Iv, Md

Department of Surgery Gibbon Society Historical Profiles

Few physicians have been as celebrated and loathed as James Marion Sims, M.D., LL.D. Dr. Sims’ modest early life and education never could have predicted that he would one day be called the ‘‘Father of American Gynecology.’’1, 2 Lauded by contemporaries and early historians as ‘‘one of the most original and gifted of American surgeons,’’ he performed the first successful operation to correct vesicovaginal fistulas (a condition that prior to 1852 was known as the ‘‘stumbling-block of gynecology’’).1 Today, the same work that earned Dr. Sims fame, fortune, and innumerable honors has been called into question, because of the unethical …


Manifestations Of Rheumatoid Arthritis: Epidural Pannus And Atlantoaxial Subluxation Resulting In Basilar Invagination., Adam L Schreiber, Do, Ma Jan 2012

Manifestations Of Rheumatoid Arthritis: Epidural Pannus And Atlantoaxial Subluxation Resulting In Basilar Invagination., Adam L Schreiber, Do, Ma

Department of Rehabilitation Medicine Faculty Papers

Presented in part at the AAPMR 71st Annual Assembly Meeting, Seattle, WA, November 4-7, 2010.

Atlantoaxial instability results from cartilaginous destruction, periarticular erosions, and ligament and tendon attenuation. Instability affects 19%-70% of patients, and basilar invagination from vertical odontoid subluxation through the foramen magnum occurs in 38% of patients. This phenomenon occurs twice as often in women than men, whose age at diagnosis typically ranges from 30-50 years. Along with bony compression, the pannus further decreases the space available for the cord by 3mmor more in approximately 66% of patients (Figures 1-7). The earliest and most common symptom of cervical …


“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf Jan 2012

“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf

Faculty Scholarship

In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States decides the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. Potentially standing in the way, however, is the federal Tax Anti-Injunction Act (TAIA), which bars any “suit for the purpose of restraining the assessment or collection of any tax.” The dispute to date has turned on the fraught and complex question of whether the ACA's exaction for being uninsured qualifies as a …