Law Commons^™

Hedge Funds Are Headed Down-Market: A Call For Increased Regulation?, Erik J. Greupner

San Diego Law Review

This Comment examines the current debate surrounding increasing regulations on hedge funds in order to provide better investor protection. The author starts out by explaining what a hedge fund is and how they have grown in importance over the years. The author then discusses some of the recent trends in the hedge fund industry that have concerned the SEC, such as increases in fraud, conflicts of interest, and marketing to less sophisticated investors. Next, the author explains the current state of regulations for the hedge fund industry as well as the rationales for such limited regulations. The author then discusses …

Dramatic Decreases In Clarity: Using The Penn Central Analysis To Solve The Tahoe-Sierra Controversy, Dana Larkin

San Diego Law Review

This Comment discusses the issues and confusion regarding regulatory takings and the proper test for establishing a regulatory taking. The author starts by discussing the traditional ad hoc factors used to determine whether a taking had occurred. The author then discusses how these factors formed the basis of the three-factor test used in Penn Central Transportation Co. v. New York City. Next, the author explains the controversial area of temporary development moratoria and how this issue has been dealt with in the Lake Tahoe Basin of California . He suggests that the plaintiff's in Tahoe-Sierra Preservation Council, Inc. v. Tahoe …

Dardinger V. Anthem Blue Cross & Blue Shield: Judicial Redistribution Of Punitive Damage Awards, C.J. Martin

San Diego Law Review

This Casenote examines the role of punitive damages in tort law and the actions of the Ohio Supreme Court in Dardinger v. Anthem Blue Cross & Blue Shield. The author begins by describing the anomalous nature of punitive damages, which are a form of punishment, being given to a plaintiff in a tort system that is compensatory in nature. The author then gives an overview of the punitive damages doctrine historically and as it exists today. Next, the author discusses the Dardinger case and analyzes the implications of the court's decision to remit a portion of the punitive damages on …

The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward D. Stein

Articles

Eyewitness identifications are important to jurors, especially in criminal trials. Psychological research has shown, however, that eyewitness testimony is systematically fallible in ways that undermine the goals of the rules of evidence. This article assesses the arguments for and against admitting expert testimony concerning cognitive science research about eyewitness identification. The article concludes that experts should in many instances be allowed to testify about the problems with eyewitness identification testimony.

The Death Penalty Experiment: The Facts Behind The Conclusions, Eugene Droder Iii

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Evolving Standards Of Decency: Cracks In The Foundation, Denise Leboeuf

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Keynote Address — Evolving Standards Of Decency In 2003: Is The Death Penalty On Life Support?, Erwin Chemerinsky

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Drunk, Sleeping, And Incompetent Lawyers: Is It Possible To Keep Innocent People Off Death Row?, Ira Mickenberg

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

The Law And The Elderly In Singapore: The Law On Income And Maintenance For The Elderly, Locknie Hsu

Research Collection Yong Pung How School Of Law

By 2030, Singapore's elderly will make up a staggering 19% of the population. With such a large proportion of people becoming old, it is timely to pay some attention to the broad spectrum of legal issues surrounding elder. Several sociological and statistical studies have been done on the elderly Singapore, yet relatively little has been written on the law relating to them. Much of the present legislation which directly or indirectly addresses problems of the elderly in Singapore relate to their financial arrangements. Examples of these are provisions relating to withdrawal of Central Provident Fund (CPF) monies and the age …

Dividends Reconsidered, Alan L. Feld

Faculty Scholarship

When JGTRRA 2003 reduced the income tax rate on dividends received by individuals to that of net capital gains, Feld explains, it also changed the relative attractiveness of alternative forms of corporate payout. Interest payments on shareholder debt and compensation to shareholder-employees, which generally provide superior returns to individuals, now yield less after-tax benefit in some circumstances than dividend payments. Feld says the change also calls into question the continuing function of a number of code provisions intended to prevent a "bailout" of corporate earnings at net capital gain rates and whose rules now affect primarily corporate rather than individual …

Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone

Cardozo Law Review

No abstract provided.

Spinoza As Natural Lawyer, Aaron Garrett

Cardozo Law Review

No abstract provided.

Spinoza's Temple, Asaph Ben Menahem

Cardozo Law Review

No abstract provided.

Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin

Cardozo Law Review

No abstract provided.

Civil Rights Plaintiffs And John Doe Defendants: A Study In Section 1983 Procedure, Howard M. Wasserman

Cardozo Law Review

No abstract provided.

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.

Introduction: Spinoza's Law, Arthur J. Jacobson, Steven B. Smith

Cardozo Law Review

No abstract provided.

A Revenge On Jewish Law?, Richard Mason

Cardozo Law Review

No abstract provided.

Law's Normativity In Spinoza's Naturalism, Otto Pfersmann

Cardozo Law Review

No abstract provided.

Recollections On Spinoza, Paul R. Verkuil

Cardozo Law Review

No abstract provided.

Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

On Leo Strauss's Critique Of Spinoza, Steven B. Smith

Cardozo Law Review

No abstract provided.

Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism?, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Criminal Statutes Of Limitations: An Obstacle To The Prosecution And Punishment Of Child Sexual Abuse, Jodi Leibowitz

Cardozo Law Review

No abstract provided.

Trust Law, Corporate Law, And Capital Market Efficiency, Robert H. Sitkoff

Law & Economics Working Papers Archive: 2003-2009

In both the publicly-traded corporation and the private donative trust a crucial task is to minimize the agency costs that arise from the separation of risk-bearing and management. But where the law of corporate governance evolved in the shadow of capital-market checks on agency costs, trust governance did not. Thus, even more than that of close corporations, the law and study of private trusts offers an illuminating counterfactual -- a control, as it were -­ for a playful thought experiment about the importance of capital market efficiency to the law and study of public corporations. The animating idea for this …

Lights, Camera, Lawsuit, A. J. Bedel

Duke Law & Technology Review

As the speed of Internet access improves, the film industry will need to explore its options for eliminating the downloading of digital movie files. After examining the successes and failures of the music industry in its battle with peer-to-peer networks, the film industry has begun to follow its predecessor. However, the nature of film as an entertainment medium is quite different than that of music. As a result, the film industry could implement creative solutions to this problem that would not have been available to the music industry. A recent study shows that most films available on the Internet have …

Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers In Support Of The Petitioner, Richard W. Garnett, Joshua L. Dratel, Richard A. Greenberg

Court Briefs

No. 03-44
Basim Omar Sabri v. United States of America

On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit

From the Summary of the Argument

This case considers the constitutional validity of a relatively novel but increasingly employed federal criminal statute, 18 U.S.C. § 666, that has engendered fierce debate about some of the "oldest questions" of constitutional law. See New York v. United States, 505 U.S. 144, 149 (1992) ("[t]he constitutional question is as old as the Constitution: It consists of discerning the proper division of authority between the Federal Government and …

Vol. 54, No. 7, November 25, 2003, University Of Michigan Law School

Res Gestae

•Professor Points out Problems, Pitfalls of Police Profiling Practices •A Ticket to Ride, Straight to the Big House •Robert Rubin Welcomed at 2003 Dean's Special Lecture •New Student Group Takes Aim at School Policy, Federal Legislation •Treatment of JAG Corps Threatens Academic Freedom, Institutional Identity •Quick, Legal Ways to Earn Extra Holiday Cash •Your Brain on Drugs : How Not to Take Law School Exams •Of Earrings and Other Symbols: An Hour with Professor Sherman Clark •Transnational Law, Base-Jumping and Lederhosen- You Guessed it, Professor Mathias Reimann •Just in Time for Autumn: The Shins Chutes Too Narrow •What's in an …

Vol. 25, No. 13 (November 24, 2003)

Indiana Law Annotated

No abstract provided.