Law Commons^™

Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

These appeals arise from the January 9, 1995 gang-related murder of Galiat Santiago. Instead of being tried in New York State Supreme Court for violating the New York Penal Law, defendants-appellants Joanna Pimentel and George Viruet (collectively, the "Defendants") were tried by a jury and convicted in the United States District Court for the Eastern District of New York (Johnson, J.). The Defendants were charged with violations of various federal laws, including the Violent Crimes in Aid of Racketeering ("VCAR") statute, 18 U.S.C. § 1959. VCAR provides for the federal prosecution of violent crime "when those allegedly responsible participated …

Local And Regional Interests In The Debate On Optimal Securities Regulatory Structure, Poonam Puri

Commissioned Reports, Studies and Public Policy Documents

In considering optimal securities regulatory structure, it is important to determine whether distinctive local and regional capital markets exist. If so, they should be taken into account.

A capital market is comprised of issuers and investors. In respect of issuers, this study finds that local infrastructures for capital raising (LICRs) exist for certain industries and levels of market capitalization. An LICR is defined as a geographic region where there is a critical mass of issuers of a certain industry type or level of market capitalization; this allows local securities regulators and professionals (such as investment bankers, lawyers and accountants) to …

What Are The Respective Rights Of Virginia And Maryland In Relation To The Potomac River?, Robert H. Abrams

Journal Publications

No abstract provided.

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …

The Control Of Wealth In Bankruptcy, Jay L. Westbrook

ExpressO

No abstract provided.

Vol. 25, No. 06 (October 6, 2003)

Indiana Law Annotated

No abstract provided.

The International Review | 2003 Fall, Michael Rhee

The International Review Newsletter

Does the World Need a Global Registry to Protect Geographical Food Names?

Globalization Meets the First Amendment: Do Multinational Corporations have a Right to Free Speech?

Alumnus Profile: Seth Cohen, Captain, United States Army, Judge Advocate General’s (JAG) Corps, Camp Zama (Japan)

The Alien Tort Claims Act: A One-Sentence Sling-Shot against Corporate Goliaths?

WTO in Cancun: No Party in Vacation Capital

A United Europe under a Single Constitution?

SARS: Another Blow to the World Economy?

Breaking the Bank? Rebuilding Iraq’s Financial System

Online Defamation: Bringing The Communications Decency Act Of 1996 In Line With Sound Public Policy, Ryan W. King

Duke Law & Technology Review

According to the Communications Decency Act of 1996, a provider of an interactive computer service cannot be held liable for publishing a defamatory statement made by another party. In addition, the service provider cannot be held liable for refusing to remove the statement from its service. This article postulates that such immunity from producer and distributor liability is a suspect public policy, and argues that the statute should be amended to include a broad definition of "development" and a "take-down and put-back" provision.

The Merger Of Guidelines And The Integration Of Efficiencies Into Antitrust Review Of Horizontal Mergers, William Kolasky, Andrew Dick

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

There is a widening consensus among jurisdictions with competition laws that “the basic objective of competition policy is to protect competition as the most appropriate means of ensuring the efficient allocation of resources—and thus efficientmarket outcomes—in free market economies.” 1 As this statement indicates, it is efficiency, not competition, that is the ultimate goal of the antitrust laws. One of the senior economists of the Justice Department’s Antitrust Division put it very well recently: “efficiency is the goal, competition is the process.”2 When the competitive process is allowed to run its course—unfettered by exclusionary practices or anticompetitive agreements among firms—the …

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.

Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor

ExpressO

The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both necessary and meaningful …

The University Of Michigan Law School Bulletin 2003-2005, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; A Letter from the Dean; The Idea of Michigan; Faculty and Facilities; The Law Curriculum; Career Services and Public Service; The J.D. Program: Admissions; The J.D. Program: Financial Aid; The J.D. Program: Graduation, Honors, and Prizes; Graduate Study; The Law School Community; Living in Ann Arbor; Officers and Faculty; Law School Calendar 2003-2005; Index; A Letter from the President.

Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt

ExpressO

No abstract provided.

The Israeli Lust For Peace: Illusion, Tragedy And Prospect, Lloyd R. Cohen

ExpressO

The wishful thinking of Israelis and Americans has led to a pursuit of peace through negotiation and concilliation. This process has led more nearly to war, terrorism and great human suffering than to peace.

Welcoming Our New Dean

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

A Message From The Dean, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

The Thin Line Between Love And Hate: Why Affinity-Based Securities And Investment Fraud Constitutes A Hate Crime, Lisa M. Fairfax

Faculty Scholarship

This article explores the parallels between the prototypical hate crime and affinity fraud—securities and investment fraud that targets identifiable religious, racial and ethnic groups—and asserts that those parallels justify treating affinity fraud as a hate crime.

Marriage Markets, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Revisiting Byrum, Brant J. Hellwig

Scholarly Articles

In the landmark case of United States v. Byrum, the Supreme Court determined that a majority shareholder's retention of voting rights over stock transferred in trust did not cause the stock to be included in his gross estate under Section 2036(a)(1) or (a)(2). The Court grounded its decision in the fiduciary duty owed by the board of directors and the majority shareholder to exercise their discretion over corporate distributions to promote the best interests of the entity. Despite legislative action quickly reversing the Court's holding in Byrum, the case continued to influence decisions concerning the estate tax consequences of a …

Ilsa Journal Of International And Comparative Law-Volume 10-2003-2004, H. Wayne Clark, Thomas F. Mullin, Vicki A. Tucci, Andrew S. Neuwelt, Paul Hornick, Christal Fish, Rebecca Knox, Tammy R. Roffe, Yasir Billoo, Menina Sepulveda-Kocher, Luis Bonila

ILSA Journal Mastheads

No abstract provided.

Irish Law 2003: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2006:

Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like.

This is an insider’s guide because it was written entirely by students. A group of volunteers have put …

Volume 27, Issue 2 (Fall 2003)

Transcript

No abstract provided.

In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Nanotechnology And Regulatory Policy: Three Futures, Glenn Harlan Reynolds

Scholarly Works

This Article outlines the basic characteristics of nanotechnology as it is currently understood and will briefly describe some of the technical - and social - consequences likely to arise as nanotechnology matures. Next, it examines three potential approaches for regulating nanotechnology and the likely consequences of each. The Article concludes with suggestions for further study, as well as a list of "dos" and "don'ts" for regulating nanotechnology.

Vol. 20, No. 4, Laurie M. Burgess

The Illinois Public Employee Relations Report

Contents:

What's Left of the ADA?, by Laurie M. Burgess

Recent Developments

Further References, compiled by Margaret A. Chaplan

The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long

Scholarly Works

No abstract provided.

Affirmative Action In Higher Education: Bakke Has Been Affirmed, Roy Carleton Howell

North Carolina Central Law Review

No abstract provided.

Fsu Law Magazine (Fall 2003), Florida State University College Of Law Office Of Advancement And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Materiality Guidance In The Context Of Insider Trading: A Call To Action, Joan Macleod Heminway

Scholarly Works

This article reflects upon certain negative effects associated with the ambiguity of the current legal standard for materiality in the insider trading context and suggests and demonstrates an approach to mitigating these negative effects. Specifically, after describing and illustrating the concept of materiality and its application in the insider trading context, this article identifies and assesses applicable regulatory policies, showing that these policies do not dictate an imprecise definition of materiality. Next, the article explains certain negative impacts on stockholder value emanating from the lack of predictability and certainty in interpreting and applying the existing materiality standard, including negative impacts …