Law Commons^™

Taxing Political Donations: The Case For Corrective Taxes In Campaign Finance, David Gamage

Articles by Maurer Faculty

Command-and-control regulations are generally thought to be inferior to incentive-based alternatives. This essay proposes an incentive-based approach for regulating campaign finance. In place of our current regime of contribution ceilings, the essay calls for a graduated system of contribution taxes. Rather than capping the size of political donations at a specified dollar level, we should tax donations based on a schedule of graduated rates - the larger the size of a contribution, the higher the level of taxation.

Contribution taxes generate two primary advantages over contribution ceilings. First, contribution taxes preserve more total surplus. This surplus can be shared by …

Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley

Scholarly Works

In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …

Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport

Scholarly Works

In this article, I explore the contention of Jeffrey Skilling, former Enron CEO, that Enron's debacle was due to a perfect storm of events. I reject his contention, arguing instead that Enron's downfall was more like Titanic's - hubris and an over-reliance on checks and balances led to Enron's downfall. I then explore how character (especially of those at the top of an organization) can lead to Enron-like disasters, and I talk about how cognitive dissonance can lead to very smart people making very stupid decisions. I end with some musings about how lawyers can learn from Enron.

Dr. Jekyll & Mr. Skilling; How Enron's Public Image Morphed From The Most Innovative Company In The Fortune 500 To The Most Notorious Company Ever, Nancy B. Rapoport, Jeffrey D. Van Niel

Scholarly Works

In this article, we explore the hypothesis that Enron's financial releases were so complex and misleading that no one could have predicted its rapid downfall, and we find that, contrary to our hypothesis, a number of people were contradicting Enron's own rosy view of itself long before the middle of 2001. We then talk about the ways in which Enron became part of the public consciousness, far beyond what it had done merely as a business entity.

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons

Articles by Maurer Faculty

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …

The Entrepreneurship Effect: An Accidental Externality In The Federal Income Tax, Leandra Lederman

Articles by Maurer Faculty

Case law and commentators sometimes speak as if all income-producing activities are taxed similarly. However, that simply is not true for individuals. Although the expenses and losses of business activities generally are deductible from income of any source and net losses can be carried to other tax years, individuals' investment expenses and losses generally are deductible only from investment income. Although many of the provisions restricting investment-related deductions were enacted at different times, and each one has its own rationale, the combined effect of these provisions on individual investors is a systematic preference for business losses over investment losses.

Economists …

Recent Developments In Bankruptcy Law, Nancy B. Rapoport

Scholarly Works

Discussion of 2004 cases regarding bankruptcy law.

Religion As Hatred: Antisemitism As A Case Study, John T. Pawlikowski

Journal of Hate Studies

The topic of religion as a source of hatred could be explored through several lenses. I first came to this topic through an analysis and evaluation of the studies done on prejudice in Catholic teaching materials undertaken in the sociology department of St. Louis University. This evaluation of ways in which Catholic textbooks covering literature, social studies, and religion generated stereotypes of religious and racial outgroups opened my eyes to the ways in which religion could become a force for social hatred rather than reconciliation. This initial research has grounded my subsequent work both as a social ethicist and as …

Preface, Jerri Shepard

Journal of Hate Studies

The pueblo’s elders called a council to decide what to do about the federal government’s proposal for a land trade involving mineral rights. A fire burned at the center of the kiva’s dirt floor, around which the twelve elders gathered. A traditional reflection stone sat on the open side of the fire, opposite the sipapu, which signified the opening in the earth through which the first people arrived from the unseen worlds. A ledge cut into the curved adobe wall held pots, drums, and bundles of dried corn.

Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett

Faculty Scholarship

No abstract provided.

Brief Of Professors Of Federal Jurisdiction And Legal History As Amici Curiae In Support Of Respondents, William S. Dodge

Faculty Scholarship

No abstract provided.

Bridging Erie: Customary International Law In The U.S. Legal System After Sosa V. Alvarez-Machain, William S. Dodge

Faculty Scholarship

No abstract provided.

Introduction: Brief Of Amici Curiae, William S. Dodge

Faculty Scholarship

No abstract provided.

International Decisions: Loewen Group, Inc. V. United States And Mondev International Ltd. V. United States, William S. Dodge

Faculty Scholarship

No abstract provided.

The Open Source Biotechnology Movement: Is It Patent Misuse?, Robin Feldman

Faculty Scholarship

No abstract provided.

Dividing The Waters: The California Experience, Brian E. Gray

Faculty Scholarship

No abstract provided.

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Faculty Scholarship

No abstract provided.

The California Supreme Court And State Constitutional Rights: The Early Years, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Humanity And The Law, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Disloyalty Among "Men In Arms": Korean War Pows At Court-Martial, Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

Introduction And Congratulations, Mary Kay Kane

Faculty Scholarship

No abstract provided.

An Offer You Can't Revoke, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Natural Resources Policy In The Bush (Ii) Administration: An Outsider's Somewhat Jaundiced Assessment, John D. Leshy

Faculty Scholarship

No abstract provided.

The Federal Role In Managing The Nation's Groundwater, John D. Leshy

Faculty Scholarship

No abstract provided.

A Property Clause For The Twenty-First Century, John D. Leshy

Faculty Scholarship

No abstract provided.

What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little

Faculty Scholarship

No abstract provided.

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.

Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams

Faculty Scholarship

No abstract provided.

Difficult Decisions During Wartime: A Letter From A Non–Alien In An Internment Camp To A Friend Back Home, Frank H. Wu

Faculty Scholarship

No abstract provided.