Law Commons^™

Rationalizing Entity Law: Corporate Law And Alternative Entities (Part Ii), Joan Macleod Heminway

Scholarly Works

No abstract provided.

No Child Left Behind - Representing Youth And Families In Truancy Matters, Dean Rivkin

Scholarly Works

No abstract provided.

Legal Form, Style, And Etiquette For Email, George Kuney

Scholarly Works

No abstract provided.

Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille Jewel

Scholarly Works

This is a paper written in response to Professor Brian Tamanaha’s Failing Law Schools. Much of the book is laudable for highlighting the serious structural, policy, and moral issues confronting legal education today. However, I disagree with several of Professor Tamanaha’s ideas for reforming our system. In this paper, I write from the perspective of a tenured legal writing professor teaching at a for-profit fourth tier school, in fact, one of the schools that Tamanaha repeatedly implies are the problem and not the solution for the legal education crisis.

Part One addresses the idea, which dates back to 1921, that …

A Survey Of The Section 336(E) Regulations, Don Leatherman

Scholarly Works

Under § 336(e), if one corporation owns an affiliated interest in the stock of a second corporation and sells, exchanges, or distributes all of that stock, Congress has authorized a regulatory election to treat the transfer of the second corporation’s stock as a disposition of its assets, thereby avoiding recognized gain or loss on the sale, exchange, or distribution of that stock. Congress added § 336(e) to the Code in the Tax Reform Act of 1986, intending that it be implemented using "principles similar to those of section 338(h)(10)." Thus, § 336(e) has a purpose similar to § 338(h)(10), offering …

The Scope Of The General Utilities Repeal, Don Leatherman

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More than a quarter of a century ago, Congress repealed the General Utilities doctrine, authorizing Treasury to issue regulations to prevent circumvention of the repeal. Although Treasury has issued several sets of regulations in response, it has never systematically defined the scope of the repeal. Instead, the regulations and other administrative guidance more selectively attack concerns raised by the repeal, almost all of which arise because of the dual nature of stock: A corporate shareholder can choose to treat a subsidiary’s stock as a separate asset or, in certain cases, as an indirect interest in subsidiary assets, a choice facilitated …

Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik

Scholarly Works

Rape and sexual violence against men in war remains largely invisible, yet pervasive across time and place. The silence around male rape raises critical questions about male bodies, gender, and power that have been largely ignored by legal scholars and international courts. While feminist and human rights scholars have theorized rape of women as a weapon of war, they have largely ignored sexual violence against men. Following the mass rape of women in former Yugoslavia and Rwanda, international tribunals recognized that sexual violence against women can constitute a weapon of war and a crime against humanity. In both conflicts, men …

The Laws Of Spaceflight: A Guidebook For New Space Lawyers, Glenn Harlan Reynolds

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No abstract provided.

Diminishing Retaliation Liability, Alex B. Long

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No abstract provided.

Does Criminal Diversion Contribute To The Vanishing Civil Trial?, John B. Meixner Jr., Shari Seidman Diamond

Scholarly Works

Through his seminal work on the vanishing trial, Professor Marc Galanter has had a profound impact on public and scholarly discourse about the role of the trial in litigation, documenting the sharp reductions in the rate of civil cases since the mid-twentieth century. While there is little remaining doubt that the American civil trial is an increasingly scarce commodity, there is still much debate as to what has caused the decline.

In this Article, we seek to explore the extent to which the federal criminal docket may be contributing to the rapid disappearance of the civil trial by taking priority …

Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley

Scholarly Works

No abstract provided.

Tort Liability For Parents Who Choose Not To Vaccinate Their Children And Whose Unvaccinated Children Infect Others, Teri Dobbins Baxter

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This article explores whether parents can or should be civilly liable for damages when (1) their unvaccinated child contracts a disease that would have been prevented by an available and recommended vaccine, and (2) those children infect others who were either vaccinated (but who failed to develop immunity despite the vaccination) or were unable to be vaccinated because of their age or other medical conditions. In the past, concerns about establishing causation have discouraged discussions about liability. However, in several recent cases public health officials have been able to identify the source of outbreaks. Furthermore, outbreaks of diseases that had …

Teaching Antitrust After The Financial Crisis, Maurice Stucke

Scholarly Works

No abstract provided.

Preparing The Transactional Lawyer: From Doctrine To Practice, George Kuney

Scholarly Works

No abstract provided.

What Casey Martin Has To Teach Us About Disability Discrimination In The Workplace, Alex B. Long

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No abstract provided.

A New Perspective On Judicial Disqualification: An Antidote To The Effects Of The Decisions In White And Citizens United, Penny White

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No abstract provided.

The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons

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No abstract provided.

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Scholarly Works

No abstract provided.

How To Stop Worrying And Learn To Love The Second Amendment: A Reply To Professor Magarian, Glenn Harlan Reynolds

Scholarly Works

In response to Gregory Magarian's Speaking Truth to Firepower: How the First Amendment Destabilizes the Second, 91 Texas Law Review 49, 53-72 (2012), we argue first that the strict dichotomy he posits between an individual right to keep and bear arms aimed at deterring (and furnishing the means for ultimately opposing) governmental tyranny and a right securing the means for private self-defense is a false one. Further, we argue that, to the extent there is any tension between the First and Second Amendments, Heller and McDonald eased that tension by locating individual self-defense at the core of the right. Such …

A Place In The Academy: Law Faculty Hiring And Socioeconomic Bias, Michael J. Higdon

Scholarly Works

In the movie Moneyball — based on the nationally bestselling book of the same name — Jonah Hill’s character, Peter Brand remarks, “People are overlooked for a variety of biased reasons and perceived flaws.” Although his character was referring to baseball players, the same could be said of those who attempt to secure jobs as law professors. In fact, many law students are later surprised to learn that their ability to secure a job as a law professor has much less to do with what they have might have done during their legal careers, and more to do with simply …

A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian Krumm, Joan Macleod Heminway, Michael J. Higdon

Scholarly Works

No abstract provided.