Law Commons^™

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.

Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment, Charles H. Norchi

Faculty Publications

An overview and retrospective on the Gulf of Maine Maritime Boundary case. This decision is a milestone in oceans law, and it continues to effect fisheries, oil and gas exploration, alternative energy production, and other issues in Canadian-American relations and beyond.

When International Law Was Made In Maine: The Gulf Of Maine Judgment At 25 Years, Charles H. Norchi

Faculty Publications

A retrospective on the Gulf of Maine case and the contribution Maine's lawyers made to it.

Following Industry's Leed : Municipal Adoption Of Private Green Building Standards, Sarah B. Schindler

Faculty Publications

Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …

The Costs Of Bapcpa: Report Of The Pilot Study Of Consumer Bankruptcy Cases, Lois R. Lupica

Faculty Publications

Substantial changes were made to the consumer bankruptcy system with the enactment of BAPCPA. These changes, however, were enacted without data support for, or recognition of how such changes would affect the cost of accessing the bankruptcy system. The Costs of BAPCPA Pilot Study undertook a review of the costs of the consumer bankruptcy system following BAPCPA's enactment, to determine if costs were increased, and if so, whether these costs were passed on to the consumer. The issue of "costs" distills the question of what attorneys are charging consumers to represent them under the new regime. Thus a study of …

Automobile Injuries As Injuries With Remedies: Driving, Insurance, Torts, And Changing The "Choice Architecture" Of Auto Insurance Pricing, Jennifer Wriggins

Faculty Publications

Tort and insurance law treat driving as a centrally important activity and treat injuries caused by automobiles as more significant than other injuries. The role of tort and insurance law in privileging injuries from driving, and driving itself, is largely unacknowledged in torts and insurance law scholarship. The Article shows how the negligence regime and automobile insurance regulation together function to actively support driving. They create a most-favored injury status for injuries caused by cars. The interlocking tort liability regime and automobile insurance system create a “choice architecture,” to use Cass Sunstein’s and Richard Thaler’s phrase, that favors and encourages …

Toward A Feminist Revision Of Torts, Jennifer Wriggins

Faculty Publications

The essay explains reasons why tort law deserves more attention from feminists than it has received. For example, although tort law does not talk much about equality or discrimination, it talks about changing behavior, injury, and harms, all central concerns of feminists. Race and gender have affected the application of legal concepts such as duty, harm, and injury. Race and gender have also affected the recognition of injury.

The essay first explores two previously little-known appellate tort cases, Gulf, Colorado & Santa Fe Railway v. Luther, 90 S.W. 44 (Tex. Civ. App. 1905) and Bullock v. Tamiami Trail Tours, Inc., …

Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam

Faculty Publications

It is virtually impossible to discuss the Supreme Court’s decision in Caperton v. A.T. Massey Coal Co. without hearing some variant of the following response: “I can’t believe it was as close as it was.” And it does not matter whether you are chatting with your next-door neighbor who had never thought about judicial ethics in his life or discussing the case with a judicial-recusal expert. Nearly everyone seems to agree: Caperton was an “easy” case and that four justices dissented is an indication that there is something terribly wrong. Not only has Caperton elevated the issue of judicial impartiality …