Law Commons^™

Negotiating The Mega-Rebuilding Deal At The World Trade Center: An Introduction, Gregory M. Stein

Scholarly Works

No abstract provided.

Congressional Roundtable On College Endowments - Restricted Gifts Testimony, Iris Goodwin

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Restricted purpose gifts potentially bear upon that portion of the university's endowment that can be used toward undergraduate financial aid and other tuition relief. In these remarks, I describe what a restricted gift is, the requirement under state common law that such restrictions obtain in perpetuity, the grounds for relief under the common law, and the grounds for relief and other relevant provisions of UPMIFA. The provisions of UPMIFA that are applicable to restricted gifts were drafted against the background of the common law doctrine and under UPMIFA common law relief is still available.

Second Panel: Labor Markets, Income Inequality And Globalization, Fran Ansley

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No abstract provided.

Girls In The Juvenile Justice System, Paula Schaefer

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No abstract provided.

Judicial Campaign Oversight Committees' Complaint Handling In The 2006 Elections: Survey And Recommendations, Penny White

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No abstract provided.

What Your Lender And Mortgage Broker Didn't Tell You: A Call For Disclosure Of Loss Of The Section 580b Anti-Deficiency Protection Upon Refinancing, George Kuney

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California Code of Civil Procedure § 580b protects a California homeowner from a deficiency judgment when the homeowner’s purchase-money lender forecloses upon the home after default. In other words, if the price the lender realized at the foreclosure sale is less than the outstanding amount of the debt, the homeowner will not be liable for the deficiency. Section 580b was enacted to discourage the purchase money lenders from over-valuing real property by requiring a lender to look solely to the collateral’s value for recovery in the event of foreclosure, and to prevent the aggravation of an economic downturn caused by …

Gimme Fiction: Rev. Rul. 99-6, Don Leatherman

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No abstract provided.

Successor Liability In Michigan, George Kuney

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No abstract provided.

Successor Liability In Illinois, George Kuney

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No abstract provided.

The Irrelevance Of Contemporary Academic Philosophy For Law: Recovering The Rhetorical Tradition, Francis J. Mootz Iii

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This short paper appears in a volume of original essays, On Philosophy in American Law (Francis J. Mootz III ed., Cambridge Univ. Press 2009). I argue that the undeniable rift between philosophy and law is more than a simple dichotomy of theory and practice. Instead, the sharp distinction between philosophy and law occurred when both disciplines built insular guilds that employed distinctive vocabularies to distinguish themselves from rhetoric, and it is by returning to their roots in rhetoric that philosophy and law might find their common ground in the elucidation of rhetorical knowledge.

Conceptualizing Intimate Violence And Gender Equality: A Comparative Approach, Valorie K. Vojdik

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No abstract provided.

When Informal Adoption Meets Intestate Succession: The Cultural Myopia Of The Equitable Adoption Doctrine, Michael J. Higdon

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In certain circumstances, the equitable adoption doctrine allows a person to inherit as the child of a testator even when the testator was neither that person's biological or adoptive parent. Although this doctrine, at first blush, might appear to be a move toward a more inclusive system of intestate succession, as many scholars have noted, the restrictive tests that the various courts have designed to determine who qualifies as an equitably adopted child have only served to greatly undermine the utility of the doctrine and, in numerous cases, have led to the denial of rather compelling claims.

While agreeing with …

A Response To Professor Fitzpatrick: The Rest Of The Story, Penny White

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In his essay Election as Appointment: The Tennessee Plan Reconsidered, Professor Brian T. Fitzpatrick contends that Tennessee's selection and retention method for appellate court judges is both unconstitutional and unmeritorious. This Essay responds to those claims. Part I will respond to Professor Fitzpatrick's claim that the Tennessee Plan is unconstitutional; Part II will respond to his claim that the Plan is not fulfilling the purposes which led the Tennessee legislature, in its wisdom, to adopt it.

"The Appeal" To The Masses, Penny White

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No abstract provided.

Harry Potter And The (Re)Order Of The Artists: Are We Muggles Or Goblins?, Gary Pulsinelli

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In "Harry Potter and the Deathly Hallows," author J.K. Rowling attributes to goblins a very interesting view of ownership rights in artistic works. According to Rowling, goblins believe that the maker of an artistic object maintain an ongoing ownership interest in that object even after it is sold, and is entitled to get it back when the purchaser dies. While this view may strike some as rather odd when it is applied to tangible property in the 'muggle' world, it actually has some very interesting parallels to the legal treatment of intangible property, particularly in the areas of intellectual property …

Finding A Happy And Ethical Medium Between A Prosecutor Who Believes The Defendant Didn't Do It And The Boss That Says That He Did, Melanie Wilson

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In June of 2008, The New York Times reported on a New York prosecutor’s conflict with his supervisors. The disagreement rested on the prosecutor’s belief that the District Attorney’s Office had wrongly convicted two men of a 1990 shooting. After thoroughly re-investigating the case, the prosecutor made a powerful pitch to his bosses that the men’s convictions “be dropped.” The supervisors disagreed and instructed the prosecutor to proceed with a hearing to oppose setting aside the convictions. The prosecutor complied with the directive but then “deliberately helped the other side win.”

This short thought piece proposes an ethical course of …

Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley

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No abstract provided.

Doing Policy From Below: Worker Solidarity And The Prospects For Immigration Reform, Fran Ansley

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No abstract provided.