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Full-Text Articles in Law
Business Torts And Unfair Competition Handbook, 3rd Edn, Maurice Stucke
Business Torts And Unfair Competition Handbook, 3rd Edn, Maurice Stucke
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No abstract provided.
Truancy Lawyering In Status Offense Cases: An Access To Justice Challenge, Dean Rivkin
Truancy Lawyering In Status Offense Cases: An Access To Justice Challenge, Dean Rivkin
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No abstract provided.
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli
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Federal copyright law provides a digital performance right that allows owners of sound recordings to receive royalties when their works are transmitted over the Internet or via satellite radio. However, this federal protection does not extend to pre-1972 sound recordings, which are excluded from the federal copyright system and instead left to the protections of state law. No state law explicitly provides protection for any type of transmission, a situation the owners of pre-1972 sound recordings find lamentable. These owners are therefore attempting to achieve such protection by various means. In California, they filed a lawsuit, claiming that they already …
Book Review: Humane Migration: Establishing Legitimacy And Rights For Displaced People., Fran Ansley
Book Review: Humane Migration: Establishing Legitimacy And Rights For Displaced People., Fran Ansley
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No abstract provided.
Brief Of Professors At Law And Business Schools As Amici Curiae In Support Of Respondents, Omnicare, Inc., Et Al., Petitioners, V. Laborers District Council Construction Industry Pension Fund, Et Al., Respondents, No. 13-435 (S. Ct. Sept. 2, 2014), Joan Macleod Heminway, J. Robert Brown, Celia Taylor, Lyman P.Q. Johnson
Brief Of Professors At Law And Business Schools As Amici Curiae In Support Of Respondents, Omnicare, Inc., Et Al., Petitioners, V. Laborers District Council Construction Industry Pension Fund, Et Al., Respondents, No. 13-435 (S. Ct. Sept. 2, 2014), Joan Macleod Heminway, J. Robert Brown, Celia Taylor, Lyman P.Q. Johnson
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This Amicus Brief was filed on behalf of more than 20 law and business faculty in a case arising under Section 11 of the Securities Act of 1933. The issue framed by the parties sought to define the test for establishing the falsity of an opinion that was not subjectively believed. The statement at issue involved representations that contracts were legally valid. The Brief took the position that the statement was not an opinion. A representation about the legal validity of contracts, like other matters of present fact, can be false on the date made. Nonetheless, a speaker may express …
Sentencing Inequality Versus Sentencing Injustice, Melanie Wilson
Sentencing Inequality Versus Sentencing Injustice, Melanie Wilson
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No abstract provided.
Abi Commission Testimony November 7, 2013, George Kuney
Abi Commission Testimony November 7, 2013, George Kuney
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There are two areas that I believe should be the focus of Chapter 11 reform: reducing reorganization costs in small to middle-market cases and instituting a uniform structure and process for § 363 sales of substantially all the assets of a debtor. Essentially, I think that the plan process in all cases needs to be streamlined and sped up to decrease transactions costs, and the 363 sale process needs to be slowed down to promote more robust disclosure and exposure of the assets in question to the market.
Dysfunction Junction: Reasonable Cause And Good Faith Reliance On Tax Advisors With Conflicts Of Interest, Michelle M. Kwon
Dysfunction Junction: Reasonable Cause And Good Faith Reliance On Tax Advisors With Conflicts Of Interest, Michelle M. Kwon
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Taxpayers who underpay their taxes may be liable for accuracy-related penalties if the underpayment is attributable to negligence or the careless, reckless, or intentional disregard of rules or regulations. Understatements of tax liability resulting from participation in certain types of tax avoidance transactions are also subject to penalties. Accuracy-related penalties may be imposed even with respect to innocent mistakes if the discrepancy between a taxpayer's correct and reported tax liability is sufficiently large.
Taxpayers may, however, avoid accuracy-related penalties by relying on a reasonable cause defense. The reasonable cause defense may be satisfied by relying on professional tax advice even …
Michael J. Sandel, What Money Can't Buy: The Moral Limits Of Markets, Maurice Stucke
Michael J. Sandel, What Money Can't Buy: The Moral Limits Of Markets, Maurice Stucke
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No abstract provided.
Respecting Parents' Fundamental Rights In The Adoption Process: Parents Choosing Parents For Their Children, Teri Dobbins Baxter
Respecting Parents' Fundamental Rights In The Adoption Process: Parents Choosing Parents For Their Children, Teri Dobbins Baxter
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The Supreme Court has a long history of recognizing parents’ fundamental right to direct the upbringing of their children. While courts have recognized that this right requires deference to parents’ decisions regarding education, religion, and medical decisions, little attention has been paid to parents’ fundamental rights in the adoption process. Specifically, relatively few courts or scholars have addressed parents’ right to choose adoptive parents if the biological parents voluntarily agree to terminate their rights and place the child for adoption. Because choosing adoptive parents for their child is an exercise of the right to control the care and custody of …
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Dean Rivkin
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Dean Rivkin
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No abstract provided.
Employer Retaliation Policies And The Retaliation Catch-22, Alex B. Long
Employer Retaliation Policies And The Retaliation Catch-22, Alex B. Long
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No abstract provided.
Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Brian Krumm, Shelley Dunck
Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Brian Krumm, Shelley Dunck
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No abstract provided.
How Can Competition Agencies Use Behavioral Economics?, Maurice Stucke
How Can Competition Agencies Use Behavioral Economics?, Maurice Stucke
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No abstract provided.