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Faculty Publications

2010

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Institution
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Articles 31 - 60 of 311

Full-Text Articles in Law

Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck Oct 2010

Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck

Faculty Publications

No abstract provided.


Before You Take A Collaborative Law Case, John M. Lande Oct 2010

Before You Take A Collaborative Law Case, John M. Lande

Faculty Publications

Under the Model Rules of Professional Conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients' informed consent to use CL. The duty to screen cases is based on the "reasonableness" requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competent and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients' informed consent to participate in a CL process. Although the Uniform Collaborative Law Act is not an ethical rule, sections 14 and 15 create relevant duties, including detailed provisions requiring lawyers to …


Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine Oct 2010

Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

This article evaluates the Current US income tax regime governing intellectual property by focusing on the traditional principles of tax policy - tax fairness and efficiency. It highlights the shortcomings of the current tax system in fulfilling both of these tenets.


The Content Of Consumer Law Classes Ii, Jeff Sovern Oct 2010

The Content Of Consumer Law Classes Ii, Jeff Sovern

Faculty Publications

This paper reports on a 2010 survey of law professors teaching consumer protection, and follows up on a similar 2008 survey, which appeared in Jeff Sovern, The Content of Consumer Law Classes, 12 J. CONSUMER & COMMERCIAL L. 48 (No. 1 2008), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1139894. The 2010 survey found more uniformity in topic selection than the 2008 survey. All thirteen professors who taught survey courses reported that they taught common law fraud, UDAP statutes, the Truth in Lending Act, and the Fair Credit Reporting Act, while all but one covered the Fair Debt Collection Practices Act, the Federal Trade …


Epstein's Razor, David G. Owen Oct 2010

Epstein's Razor, David G. Owen

Faculty Publications

Richard Epstein, over a long and distinguished career, has offered inspired insights into how a legal system should be framed to serve the goals of those it governs. In that pursuit, he has relentlessly applied a sharp logic - call it Epstein's Razor - to shave away the detritus of complexity and confusion that surround perplexing problems, leaving standing only truths unscathed by competition among ideas. Over decades of diverse writings on law and political theory, highlighted by his elegant Simple Rules for a Complex World, Professor Epstein offers a vision of law constructed on the view that simplicity in …


Construing Wills And Trusts During The Estate Tax Hiatus In 2010, S. Alan Medlin, F. Ladson Boyle Oct 2010

Construing Wills And Trusts During The Estate Tax Hiatus In 2010, S. Alan Medlin, F. Ladson Boyle

Faculty Publications

Many estate planners have drafted wills and revocable trusts with dispositive provisions based on formulas. These formulas often use language based on transfer tax terminology. For clients who die in 2010, the language used in these formulas will be ambiguous, if not apparently meaningless, because Congress failed to re-institute the estate tax for 2010. The resulting 2010 estate tax hiatus will result in will and revocable trust construction problems for the estates of many decedents who die during the hiatus. Courts will have to use statutory and common law construction methods to attempt to determine the decedent's dispositive intentions. This …


‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack Sep 2010

‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Faculty Publications

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution …


A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa A. Eichhorn Sep 2010

A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa A. Eichhorn

Faculty Publications

No abstract provided.


International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson Sep 2010

International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson

Faculty Publications

Offsets, and in particular international offsets, have been advanced as an important tool in climate policy, capable of significantly reducing the costs of emissions reductions. As attention turns to the existing CAA as a potential vehicle for general reduction of GHG emissions, an important question is whether regulation under the statute is compatible with international offsets. Certain regulatory programs under the CAA are likely candidates for GHG regulation, but many of them are legally incompatible with international offsets. Those programs that might permit use of international offsets have other problems that make them unpopular choices for GHG regulation. To the …


Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins Aug 2010

Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins

Faculty Publications

Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.


Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Michael Ashley Stein, Janet E. Lord Aug 2010

Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Michael Ashley Stein, Janet E. Lord

Faculty Publications

As the first human rights treaty of the twenty-first century, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) protects some 650 million persons with disabilities. The CRPD also has an opportunity to progressively reconfigure the structure and process of human rights oversight. While the overall framework for monitoring and implementing the CRPD resembles existing core human rights instruments, it has some notable features. The CPRD Committee is endowed with several innovations of significant potential, especially in the breadth of reporting and investigative procedures, thereby offering prospects for other treaty bodies and the human rights system more …


Losing Hold Of The Guiding Hand: Ineffective Assistance Of Counsel In Juvenile Delinquency Representation, Barbara A. Fedders Jul 2010

Losing Hold Of The Guiding Hand: Ineffective Assistance Of Counsel In Juvenile Delinquency Representation, Barbara A. Fedders

Faculty Publications

No abstract provided.


Disclose - Disclose - Disclose - Longmeyer Distorts The Trustee's Duty To Inform Trust Beneficiaries, David M. English, Berry T. Turney, Dana G. Fitzsimons Jr. Jul 2010

Disclose - Disclose - Disclose - Longmeyer Distorts The Trustee's Duty To Inform Trust Beneficiaries, David M. English, Berry T. Turney, Dana G. Fitzsimons Jr.

Faculty Publications

The evolution of the law concerning the trustee's duty to disclose information to the trust beneficiaries, through cases like Longmeyer, creates new risks for trustees who are unaware of their obligations. Trustees will also face an increasing number of difficult situations as in Longmeyer as a result of an aging and increasingly infirm population. Although it can be a difficult decision to make under pressure, a trustee should give strong consideration to policies that favor prompt and complete disclosure even in difficult circumstances. Also, trustees should remember that the courts are available for their protection when confronted with genuine doubt …


Bending Nature, Bending Law, David Owen Jul 2010

Bending Nature, Bending Law, David Owen

Faculty Publications

No abstract provided.


When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels Jul 2010

When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels

Faculty Publications

No abstract provided.


Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black Jul 2010

Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black

Faculty Publications

No abstract provided.


Putting The Brakes On Private Transfer Fee Covenants, R. Wilson Freyermuth Jul 2010

Putting The Brakes On Private Transfer Fee Covenants, R. Wilson Freyermuth

Faculty Publications

This article will discuss private transfer fee covenants, using one popular model as an example. After explaining how a private transfer fee covenant operates, the article will review the background legal principles relevant to its enforceability As this article will argue, sound policy does not justify the enforcement of private transfer fee covenants. The article concludes with a discussion of recent state legislative efforts to invalidate private transfer fee covenants and highlights a new model statute that, if adopted, would declare such covenants void as contrary to public policy.


Adr And The Rule Of Law: Making The Connection, Richard C. Reuben Jul 2010

Adr And The Rule Of Law: Making The Connection, Richard C. Reuben

Faculty Publications

In this article, I will address important definitional questions and try to articulate why it is important for practitioners, program managers, scholars, judges, and others involved in ADR to engage questions about the relationship between ADR and the rule of law.


Symposium Introduction - The Law Librarian's Role In The Scholarly Enterprise, Duncan E. Alford Jul 2010

Symposium Introduction - The Law Librarian's Role In The Scholarly Enterprise, Duncan E. Alford

Faculty Publications

No abstract provided.


When Is An Alternative Forum Available - Rethinking The Forum Non Conveniens Analysis, Joel Samuels Jul 2010

When Is An Alternative Forum Available - Rethinking The Forum Non Conveniens Analysis, Joel Samuels

Faculty Publications

No abstract provided.


Financial Options In The Real World: An Economic And Tax Analysis, David M. Hasen Jul 2010

Financial Options In The Real World: An Economic And Tax Analysis, David M. Hasen

Faculty Publications

Many of the consequences of issuing and purchasing options on publicly traded property have been well understood since Black and Scholes developed a model for option pricing. No model of options, however, provides an accurate economic analysis of the actual transactions that issuers and purchasers engage in when options are bought and sold. One consequenceof this gap in understanding is that the rules for taxing options remain poorly developed. This Article provides a transactional analysis of option sales for the first time. The focus is on covered options, but the analysis also has implications for options in which the underlying …


They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield Jul 2010

They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield

Faculty Publications

No abstract provided.


Financing The Next Silicon Valley, Darian M. Ibrahim Jul 2010

Financing The Next Silicon Valley, Darian M. Ibrahim

Faculty Publications

Silicon Valley’s success has led other regions to attempt their own high-tech transformations, yet most imitators have failed. Entrepreneurs may be in short supply in these “non-tech” regions, but some non-tech regions are home to high-quality entrepreneurs who relocate to Silicon Valley due to a lack of local financing for their start-ups. Non-tech regions must provide local finance to prevent entrepreneurial relocation and reap spillover benefits for their communities. This Article compares three possible sources of entrepreneurial finance—private venture capital, state-sponsored venture capital, and angel investor groups—and finds that angel groups have distinct advantages when it comes to funding innovation …


Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle Jul 2010

Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle

Faculty Publications

No abstract provided.


Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl Jul 2010

Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl

Faculty Publications

In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a "continuing body." The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far the …


Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann Jul 2010

Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann

Faculty Publications

No abstract provided.


Forward: Symposium On Broke And Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff Jul 2010

Forward: Symposium On Broke And Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff

Faculty Publications

The Symposium presenters and commentators, most of whom had worked at some point in their career as a public defender, brought a wealth of experience to the discussion. While the presentations and comments made that day, together with the articles that follow in this Symposium issue, do not provide any quick fix or easy solution, they do offer some important lessons for lawmakers to consider as states struggle to improve the plight of indigent defenders and their clients.


Legislating In The Light: Considering Empirical Data In Crafting Arbitration Reforms, Amy J. Schmitz Jul 2010

Legislating In The Light: Considering Empirical Data In Crafting Arbitration Reforms, Amy J. Schmitz

Faculty Publications

Consumer advocates and policymakers call for abolition of predispute arbitration clauses in consumer contracts, while proponents of arbitration claim such abolition would increase companies’ dispute resolution costs, leading to higher prices and interest rates. Policymakers on both sides of the debate, however, rarely consider the empirical research necessary for crafting informed arbitration disclosure rules. This article therefore focuses on how varied research, including my own empirical studies, may inform policies regarding arbitration disclosure regulations. The article also offers suggestions for regulations tailored to have the most impact for the cost in light of this research.


Sports In The Courts: How Sports References Strengthen Written Advocacy And Judicial Opinions (Part Ii), Douglas E. Abrams Jul 2010

Sports In The Courts: How Sports References Strengthen Written Advocacy And Judicial Opinions (Part Ii), Douglas E. Abrams

Faculty Publications

No abstract provided.


Proposed Combination Of Comcast And Nbc-Universal, Allen S. Hammond Iv, United States House Of Representatives, Committee On The Judiciary Jun 2010

Proposed Combination Of Comcast And Nbc-Universal, Allen S. Hammond Iv, United States House Of Representatives, Committee On The Judiciary

Faculty Publications

Hammond's testimony begins on p. 124.