Law Commons^™

The Undercivilization Of Corporate Law, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Reinvigorating Tax Expenditure Analysis And Its International Dimension, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Tax expenditure analysis (TEA) was rigorously criticized from its inception and continues to draw negative reviews. Notwithstanding this criticism, the Congressional Budget and Impoundment Control Act of 1974 requires the President's annual budget submission to contain a list of tax expenditures, and Congress's Joint Committee on Taxation has produced its own tax expenditure list each year since 1972. Although TEA has not restrained or reversed the growth of tax expenditures, TEA continues to play a major role in tax policy debates to the chagrin of its detractors. The persistence of TEA in a hostile environment suggests that it has meaningful …

The Dystopian Potential Of Corporate Law, D. Gordon Smith

Faculty Scholarship

The community of corporate law scholars in the United States is fragmented. One group, heavily influenced by economic analysis of corporations, is exploring the merits of increasing shareholder power vis-a-vis directors. Another group, animated by concern for social justice, is challenging the traditional, shareholder-centric view of corporate law, arguing instead for a model of stakeholder governance. The current disagreement within corporate law is as fundamental as in any area of law, and the debate is more heated than at any time since the New Deal. This paper is part of a debate on the audacious question, Can Corporate Law Save …

Initial Public Offerings And The Failed Promise Of Disintermediation, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.

Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen

Faculty Scholarship

On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …

The Coase Theorem And Arthur Cecil Pigou, Herbert J. Hovenkamp

All Faculty Scholarship

In "The Problem of Social Cost" Ronald Coase was highly critical of the work of Cambridge University Economics Professor Arthur Cecil Pigou, presenting him as a radical government interventionist. In later work Coase's critique of Pigou became even more strident. In fact, however, Pigou's Economics of Welfare created the basic model and many of the tools that Coase's later work employed. Much of what we today characterize as the "Coase Theorem," including the relevance of transaction costs, externalities, and bilateral monopoly, was either stated or anticipated in Pigou's work. Further, Coase's extreme faith in private bargaining led him to fail …

State Of Utah V. Amador Santonio : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

THIS APPEAL IS FROM A CONVICTION AND SUBSEQUENT SENTENCWG TO AGGRAVATED ASSAULT, A THIRD DEGREE FELONY; DISARMING A PEACE OFFICER, A FIRST DEGREE FELONY; ASSAULT ON A PEACE OFFICER, A CLASS A MISDEMEANOR, AND INTERFERING WITH LEGAL ARREST, A CLASS B. MISDEMEANOR AND WAS SENTENCED TO SERVE CONSECUTIVE TERMS OF NOT TO EXCEED FIVE YEARS ON THE THIRD DEGREE FELONY AND AN INDETERMINATE TERM OF NOT LESS THAN FIVE YEARS WHICH MAY BE FOR LIVE ON THE FIRST DEGREE FELONY AT THE UTAH STATE PRISON, IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH, THE …

Target Interact Us, Llc V. Worforce Appeals Board, Department Of Worforce Services, And Jody Peterson : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Writ of Review from a Final Administrative Agency Decision of the Workforce Appeals Board, Utah Department of Workforce Services

It's A Blessing, Douglas E. Abrams

Faculty Publications

No abstract provided.

December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ursula K. LeGuin Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau

Journal Articles

In this essay, I will consider how law, religion, and democratic pluralism revolve around a particular issue: global migration. I use the term global migration to encompass a number of related issues that are often collapsed under the term immigration. In nations that have constructed their identities around waves of settlers or migrants -- places like the United States, Canada, Australia, and New Zealand -- immigration involves the formal reception of foreigners into the host country as potential new citizens. This is just one part of the migration of peoples around the globe. Migration also encompasses emigration, asylum, economic migration,and …

December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hegel on Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz

Hallowed Secularism

Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Cyber Civil Rights, Danielle Keats Citron

Faculty Scholarship

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations. Today’s …

December 24, 2008: The Humanlight Holiday, Bruce Ledewitz

Hallowed Secularism

Blog post, “The HumanLight Holiday“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Lecture Notes Of St. George Tucker: A Framing Era View Of The Bill Of Rights, David T. Hardy

NULR Online

No abstract provided.

December 22, 2008: A New Kind Of Faith, Bruce Ledewitz

Hallowed Secularism

Blog post, “A New Kind of Faith“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner

Legal History Publications

In June 1905, attorneys for the Northern Central Railway Company filed suit in Baltimore Superior Court against the United Railways and Electric Company. The suit charged that United Railways owed Northern Central for a portion of the expenses incurred by Northern to repair two bridges in the City of Baltimore, Maryland. Northern Central’s railroad lines ran under the bridges and United Railways’ streetcar lines ran across them. The amount claimed was relatively small for a company the size of the Northern Central and the possibility of collecting somewhat remote even if the case were decided in its favor. However, the …

Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg

George J. Mitchell Oral History Project

Biographical Note
Richard A. “Rich” Arenberg, the son of Bernard and Mary Arenberg, was born on October 16, 1945, in Norwich Connecticut. He was a campus activist during his undergraduate years at Boston University, and worked on some local campaigns, including the campaign of Tom Atkins, the first African American city councilor in Boston. He received a Ph.D. in political science also from Boston University and has a background in survey research. He worked as the issues director for Paul Tsongas’s first congressional campaign in Massachusetts and continued on Tsongas’s congressional and Senate staff until Tsongas retired from the Senate …

Answering Brief For The United States

United States v. Washington, Docket No. 08-35794 (593 F.3d 790 (9th Cir. 2009) (as amended Jan. 10, 2010))

No abstract provided.

Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Petros Spanakos, Lucio R. Renno

Department of Political Science and Law Faculty Scholarship and Creative Works

The relation between elections and the economy in Latin America might be understood by considering the agency of candidates and the issue of policy preference congruence between investors and voters. The preference congruence model proposed in this article highlights political risk in emerging markets. Certain risk features increase the role of candidate campaign rhetoric and investor preferences in elections. When politicians propose policies that can appease voters and investors, elections may have a limited effect on economic indicators, such as inflation. But when voter and investor priorities differ significantly, deterioration of economic indicators is more likely. Moreover, voter and investor …

Vol. Vi, Tab 38 - Ex. 24 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

December 18, 2008: The Hatred Of Unions, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hatred of Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Alexander Campbell King Law Library Strategic Plan, 2008-2011, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2008 served as the strategic plan for the University of Georgia School of Law's Library. It contains five goals, and each goal had objectives and strategies identified for how to achieve them. This document served as a three-year guide for the librarians, staff, their services, and library resources.

Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.

The New European Choice-Of-Law Revolution, Ralf Michaels

Faculty Scholarship

Conflict of laws in Europe was long viewed by outsiders as formalist, antiquated, and uninteresting. Now that the European Union has become more active in the field, things are changing, but most view these changes as a mere gradual evolution. This is untrue. Actually, and fascinatingly, we are observing a real European conflicts revolution—in importance, radicalness, and irreversibility comparable to the twentieth-century American conflicts revolution. European developments go beyond the federalization of choice-of-law rules in EU regulations. In addition, EU choice of law is being constitutionalized, in particular through the principles of mutual recognition and the country-of-origin principle, along with …

Introduction: Beyond The State? Rethinking Private Law, Ralf Michaels, Nils Jansen

Faculty Scholarship

Introduction to an issue of the journal that brings together the papers presented, as revised by the participants, at a conference held at the Max Planck Institute for Comparative and International Private Law in Hamburg, Germany in the summer of 2007.

Agenda: Managing Oil And Gas Development In Colorado: The New Cogcc Rules, University Of Colorado Boulder. Natural Resources Law Center

Managing Oil and Gas Development in Colorado: The New COGCC Rules (December 16)

NRLC Hot Topic held on December 16, 2008 from 12:00 noon to 1:30 p.m. at the offices of Hogan and Hartson, Denver, Colorado.

Panelists from COGCC, the oil & gas industry, and environmental community, will present their perspectives on the soon-to-be-issued rules on oil and development in Colorado. Discussion and questions from attendees will follow.

December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Dobby Really Free?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.