Law Commons^™

Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo

Journal Articles

One of the most crucial, but systematically neglected, comparative differences between corporate law systems in Europe and in the United States concerns the regulations governing freeze-out transactions in listed corporations. Freeze-outs can be defined as transactions in which the controlling shareholder exercises a legal right to buy out the shares of the minority, and consequently delists the corporation and brings it private. Beyond this essential definition, the systems diverge profoundly. This gap exists despite the fact that minority freeze-outs are one of the most debated issues in corporate law, in the public media, in a vast body of scholarly work …

Veteran Police Officers And Three-Dollar Steaks: The Subjective/Objective Dimensions Of Probable Cause And Reasonable Suspicion, Kit Kinports

Journal Articles

This Article addresses two issues surrounding probable cause and reasonable suspicion that test the line between subjective and objective standards in Fourth Amendment jurisprudence: the extent to which a particular police officer’s training and experience ought to be considered in measuring probable cause and reasonable suspicion, and the relevance of the officer’s subjective beliefs about the presence of a weapon in assessing the reasonable suspicion required to justify a frisk. Although both questions have split the lower courts and remain unresolved by the Supreme Court, the majority of courts treat them inconsistently, recognizing the importance of an officer’s training, experience, …

Christian Realism And Immigration Reform, Victor C. Romero

Journal Articles

Drawing upon President Barack Obama’s admiration of Reinhold Niebuhr’s work, this Essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a pragmatic, yet optimistic, alternative to secular liberalism’s faith in reason by striving instead to adhere to God’s guidance on matters, taking into account the fundamentally flawed nature of man. The specific policy prescriptions described here mirror the twin virtues of Christian realism by promoting the hope in pursuit of the peaceable kingdom and …

The Supreme Court's Legislative Agenda To Free Government From Accountability For Constitutional Deprivations, Gary S. Gildin

Journal Articles

In Bell Atlantic Corp. v. Twombly, the Supreme Court adopted a new standard of factual particularity a plaintiff must meet to satisfy the requirement of Federal Rule of Civil Procedure 8(a)(2) that a complaint plead a “short and plain statement of the claim showing that the pleader is entitled to relief.” In Ashcroft v. Iqbal, the Court made clear that the Twombly pleading standard extended to civil actions seeking redress for deprivation of constitutional rights in particular, and universally to all Complaints filed in federal court. Commentators have debated whether after Iqbal, victims of constitutional wrongdoing will be able to …

Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn

Journal Articles

In this essay for a symposium on new directions in environmental law, I reflect back on the last 35 years of Endangered Species Act (ESA) practice and offer several modest reforms. My claim is that conservation has been growing increasingly quantitative and risk-based, much like other fields of regulation, but that big problems lie ahead if this trend continues with the ESA as currently structured. In my view, the quantitative demands of listing species, designing recovery objectives, and designating so-called 'critical habitat' are depleting the resources we have put into the ESA because it is an expression of fundamentally qualitative …

Gina's Genotypes, David H. Kaye

Journal Articles

In August 2009, the Board of Trustees of the University of Akron added to the university's employment policy the following proviso: "any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check." Although the federal government does not do background checks with DNA, the policy is significant because it highlights a largely unexplored feature of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA generally prohibits employers from asking for "genetic information." The faculty senate and outside commentators have declared that the Akron policy is "of doubtful legality" because it "appears to …

Interrogating Iqbal: Intent, Inertia, And (A Lack Of) Imagination, Victor C. Romero

Journal Articles

In Ashcroft v. Iqbal, the Court reaffirmed the long-standing equal protection doctrine that government actors can only be held liable for discriminatory conduct when they purposefully rely on a forbidden characteristic, such as race or gender, in promulgating policy; to simply know that minorities and women will be adversely affected by the law does not deny these groups equal protection under the law. This Essay interrogates this doctrine by taking a closer look at Iqbal and Feeney, the thirty-year-old precedent the majority cited as the source of its antidiscrimination standard. Because Feeney was cited in neither of the …

The Impact Of China's Antitrust Law And Other Competition Policies On U.S. Companies, Susan Beth Farmer

Journal Articles

This article is based on the author's testimony for part of the hearings on “The Impact of China’s Antitrust Law and Other Competition Policies On U.S. Companies,” held by the House Committee on the Judiciary, Subcommittee on Courts and Competition Policy on July 13, 2010. It describes developments in the enforcement and application of the Chinese Anti-Monopoly Law, interpretation and enforcement during the two years since the AML came into effect, with particular attention to merger review. It comments on the organization and staffing of the enforcement agencies and the publication of numerous procedures, guidelines and regulations, which suggests that …

Promoting Commercial Law Reform In Eastern Europe, Samuel Bufford

Journal Articles

This article is my account of what I did in a decade of advising governments and teaching judicial seminars on commercial law matters in Central and Eastern Europe, beginning in 1991. This article contains my individual reflections on more than a dozen visits to developing countries in Central and Eastern Europe to advise governments and to educate their judges, and several visits of judges from some of those countries to the United States. In many ways, my experiences are typical of United States judges who have done the same kind of work in developing countries. In some ways, my experiences …

Before They Even Start: Hope And Incoming 1ls, Barbara Brunner

Journal Articles

Newly-accepted law school 1Ls often express interest in how they should spend the summer before starting their fall courses in order to be best prepared for success in their first semester. This desire to have a "leg up" on law school success leads those of us teaching first-year courses to think more deeply about what constitutes a "good preparation" for the unique experiences that new law students will face, and what skills are really necessary to increase their possibilities of success, especially in the first semester.

Over the past few years, I have compiled a list of activities which I …

Preserving The Corporate Attorney-Client Privilege, Katrice Bridges Copeland

Journal Articles

This Article argues that, while legislation such as the Attorney-Client Privilege Protection Act ("ACPPA") is necessary to preserve that corporate attorney-client privilege, any such legislation must include judicial oversight to deter prosecutorial misconduct effectively. Part II examines the costs and benefits of granting corporations the attorney-client privilege in criminal investigations. It concludes that the benefits of the privilege fat outweigh the costs and that the privilege must be safeguarded from unnecessary infringement. Part III traces the evolution of the DOJ's waiver policies that have threatened the corporate attorney-client privilege. It also examines the costs and benefits of the waiver policy …

Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo

Journal Articles

One of the most crucial, but systematically neglected, comparative differences between corporate law systems in Europe and in the United States concerns the regulations governing freeze-out transactions in listed corporations. Freeze-outs can be defined as transactions in which the controlling shareholder exercises a legal right to buy out the shares of the minority, and consequently delists the corporation and brings it private. Beyond this essential definition, the systems diverge profoundly.

This gap exists despite the fact that minority freeze-outs are one of the most debated issues in corporate law, in the public media, in a vast body of scholarly work …

Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James M. Puckett

Journal Articles

Tax scholarship has long struggled with whether married taxpayers should be taxed differently from unmarried taxpayers. Currently, married taxpayers are subject to different tax rates than unmarried taxpayers, and may file a joint tax return. A married couple may pay a higher or lower amount of tax than an unmarried couple with the same total income, and a single person generally pays more tax on a given income than a married couple with a single earner with the same income. These outcomes are difficult to reconcile with a commitment to income tax progressivity, which in theory requires that higher incomes …

Assessing The Following Systems For Taxing Foreign-Source Active Business Income: Deferral, Exemption, And Imputation, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.

Educating Lawyers For What? Reshaping The Idea Of Law School, Michael Coper

Penn State International Law Review

No abstract provided.

Goals And Objectives Of Law Schools: A Brief Discussion Of Universals And Differences-China And The United States, Francis S.L. Wang

Penn State International Law Review

No abstract provided.

A Comment On Argentina's University Of Buenos Aires Law School (Facultad De Derecho De La Universidad De Buenos Aires), Monica Pinto, Alejandro Gomez

Penn State International Law Review

No abstract provided.

The Goals And Objectives Of Law Schools Beyond Educating Students: Research, Capacity Building, Community Service-The National University Of Singapore School Of Law Experience, Cheng-Han Tan

Penn State International Law Review

No abstract provided.

European Legal Education: The Maastricht Experience, Aalt Willem Heringa

Penn State International Law Review

No abstract provided.

Goals And Objectives Of Law Schools In Their Primary Role Of Educating Students: South Africa-The University Of Cape Town School Of Law Experience, Chuma Himonga

Penn State International Law Review

This paper examines the goals of law schools in their primary role of educating students, and the implications of the changing conditions in the legal and business world for these goals. Hereafter, unless otherwise indicated, "school(s)" will be used instead of "faculty(ies)". I would argue that there is no uniformity among law schools with regard to the purposes for which they educate students. The definition of a school's goals and objectives is influenced by factors peculiar to its own circumstances. Furthermore, the goals of a law school are potentially dynamic. They may change from time to time in response to …

The Role Of Law Schools And Law School Leadership In A Changing World: On Being An "Outside Dean"-The University Of The Pacific Mcgeorge School Of Law Experience, Elizabeth Rindskopf Parker

Penn State International Law Review

No abstract provided.

Educating Our Students For What? The Goals And Objectives Of Law Schools In Their Primary Role Of Educating Students-How Do We Actually Achieve Our Goals And Objectives?, Louis F. Del Duca

Penn State International Law Review

No abstract provided.

Comparing Constitutional Constraints On Government Searches: The United States And Hong Kong, Joseph N. Cotilletta

Penn State International Law Review

No abstract provided.

I Don't Trust Your Judgment: The European Convention On Human Rights Meets The European Union On New Grounds?, Michael R. Ribble

Penn State International Law Review

No abstract provided.

Come All Ye Faithful: How The International Community Has Addressed The Effects Of Somali Piracy But Fails To Remedy Its Cause, Donald P. Paradiso

Penn State International Law Review

No abstract provided.

Comparison Between Chinese And American Lawyers: Educated And Admitted To Practice Differently In Different Legal Systems, Jie Gao

Penn State International Law Review

No abstract provided.

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests. The American University Washington College Of Law Experience, Claudio Grossman

Penn State International Law Review

No abstract provided.

Volume 28 - Number 3: Table Of Contents

Penn State International Law Review

No abstract provided.

Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca

Penn State International Law Review

No abstract provided.

Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili

Penn State International Law Review

No abstract provided.