Law Commons^™

May 5, 2005, M. Taylor, Summary Of Cao Origins For Paul Wolfowitz, Meg Taylor

CAO General 1999-Present

No abstract provided.

The Abolition Of Wealth Transfer Taxes: Lessons From Canada, Australia, And New Zealand, David G. Duff

ExpressO

When the United States acted to phase-out its estate tax by 2010, it joined a small but growing group of countries which have also repealed their wealth transfer taxes. In Canada, federal gift and estate taxes were repealed in 1972 and provincial wealth transfer taxes were abolished in the 1970s and 1980s. In Australia, State and Commonwealth wealth transfer taxes were repealed in the late 1970s and early 1980s. New Zealand followed suit in the 1990s, reducing estate tax rates to zero in 1992 and repealing the tax in 1999.

This paper reviews the abolition of wealth transfer taxes in …

Rehnquist And Federalism: An Empirical Perspective, Ruth Colker, Kevin Scott

The Ohio State University Moritz College of Law Working Paper Series

We attempt to articulate a vision of federalism, particularly the Rehnquist version of federalism. We find that there is little consistent thought on the role of the judiciary in protecting federalism. This lack of consensus makes it difficult to predict the decisions federalists might make, but we attempt to outline Chief Justice Rehnquist's contributions to understanding the role courts should play in protecting federalism. We then attempt to assess if Rehnquist adheres to his own vision of federalism. Using his votes since his elevation to Chief Justice in 1986, we test several hypotheses designed to determine if Chief Justice Rehnquist …

Rosebud Sioux Tribe V. B.B.C. Entertainment, Inc., Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

A Model For Emergency Service Of Voip Through Certification And Labeling, Patrick S. Ryan, Tom Lookabaugh, Douglas Sicker

ExpressO

Voice over Internet Protocol (VoIP) will transform many aspects of traditional telephony service, including the technology, the business models, and the regulatory constructs that govern such service. Perhaps not unexpectedly, this transformation is generating a host of technical, business, social, and policy problems. In attempting to respond to these problems, the Federal Communications Commission (FCC) could mandate obligations or specific solutions to VoIP policy issues; however, it is instead looking first to industry initiatives focused on the key functionality that users have come to expect of telecommunications services. High among this list of desired functionality is user access to emergency …

What Makes Asset Securitization "Inefficient"?, Kenji Yamazaki

ExpressO

Despite the damage caused by the recent Enron scandal , the asset securitization market has been vibrant and has become a popular financing alternative . A number of academics emphasize its merits and suggest that it is a more favorable way of financing, and Congress’s proposal to make sales of asset in securitization immune from characterization as secured transactions under the Bankruptcy Reform Act of 2001 (the “Reform Act”) almost materialized when the Enron scandal hit the scene. Conversely, there have been accusations that securitization is not a legitimate way of financing because, for example, it fosters fraudulent transactions.

Why …

Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures And New Business Models Under E.U. And U.S. Law, Nicola Lucchi

ExpressO

The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old technology and policy makers have found two different solutions and remedies for intellectual property rights: legal and technological. When both remedies work together any rights that a consumer may have under copyright law could be replaced by a unilaterally defined contractual term and condition. To balance this inequity this article analyses different solutions under U.S. …

The Drm Dilemma: Re-Aligning Rights Under The Digital Millennium Copyright Act, Jacqueline D. Lipton

ExpressO

The Digital Millennium Copyright Act (‘DMCA’) prevents unauthorized copying and distribution of digital copyright works by regulating devices that can be used to circumvent Digital Rights Management (‘DRM’) measures that are used to restrict access to those works. A significant problem is that those devices, like many new technologies, have the potential to be used for both socially harmful and socially beneficial purposes. There is no obvious way for Congress to regulate circumvention devices to prevent the social harms, while at the same time facilitating the social benefits they might provide. Recent judicial interpretations of the DMCA have unsurprisingly erred …

State Of Israel V. Avraham Ben-Hayim, Dorit Beinisch

Translated Opinions

Facts: The respondent, the manager of the Postmen Department at the Benei Berak branch of the Postal Authority, was charged, before the Civil Service Disciplinary Tribunal, with sexually harassing and victimizing a woman (the complainant) who was working temporarily at the branch. The tribunal found that the respondent promised to ensure the promotion of the complainant, and it found that the respondent had conducted a sexual relationship with the complainant in which full sexual intercourse had taken place. In addition the respondent tried to prevent the complainant making a complaint against him. The tribunal found that an abuse of authority …

Institutions And Inclusion In Saving Policy, Michael S. Barr, Michael Sherraden

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

The Community Reinvestment Act (CRA) has helped to revitalize low- and moderate-income communities and provided expanded opportunities for low- and moderate-income households. Recent regulatory steps aimed at alleviating burdens on banks and thrifts are unwarranted, and may diminish small business lending as well as community development investments and services. This policy brief explains the rationale for CRA, demonstrates its effectiveness, and argues that the recent regulatory proposals should be withdrawn or significantly modified.

Modes Of Credit Market Regulation, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert

Law & Economics Working Papers Archive: 2003-2009

In an article in Stanford Law Review, Richard Sander argues that the practice of American law schools of taking race into account in admissions to law school perversely leads to fewer black lawyers entering the bar each year than would be the case without affirmative action. Sander’s claim is that, while ending affirmative action would reduce somewhat the number of black students admitted to any law school, there would in the end be more black lawyers because those black students who do attend law school would no longer attend schools where they are over their heads academically and would graduate …

Going On A “Which” Hunt, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

KK: Here's a question that/which I've wondered about for some time. What is the proper use of the words "that"and "which"? I understand their use in the context of "Which car is yours?"and "It's that red one."However which word is proper in my first sentence and how do I know when to use one or the other?

The Forum (Volume 34, Number 10), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Final Status For Kosovo (Symposium Editor), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super

Faculty Scholarship

Some state food stamp agencies are overly aggressive in pursuing charges that claimants have committed intentional program violations. Just as failure to pursue allegations of fraud can undermine the Food Stamp Program’s goals, so can intimidation of claimants. States should take care to follow appropriate procedures in their investigations, and Food and Nutrition Service regulations offer ample grounds to advocate fair treatment of clients. Four key principles should guide states’ antifraud efforts.

The Past, Present, And Future Of § 4(F) Of The Department Of Transportation Act, William Holt

Georgetown Law Historic Preservation Papers Series

No abstract provided.

Animal Rights Law, Jada West

Law Library Student-Authored Works

No abstract provided.

Education Policies And Regulations: Fostering Healthy Student Lifestyles, David Ritter

Law Library Student-Authored Works

No abstract provided.

Legal Resources For Georgia Gay And Lesbian Families, Ryan Finch

Law Library Student-Authored Works

No abstract provided.

The Law Of Guardians And Conservators: Southern States, Kimberly Cameron

Law Library Student-Authored Works

No abstract provided.

Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister

Federal Communications Law Journal

In 1996, Congress passed the first substantial rework of the Communications Act of 1934. This Act was intended to benefit consumers by encouraging competition and establishing a series of explicit mechanisms for assuring universal service. One of the outcomes is the creation of significant controversy over the federal, and in some cases, state universal service subsidy for the class of telecommunications providers typically known as wireless or cellular and defined by federal statute as "commercial mobile radio service" ("CMRS"). Incumbent local exchange carriers ("ILECs") characterize these subsidies as a windfall and as unnecessary to provide wireless phone service. They argue …

Tobacco Regulation Review, V. 4, No. 1, May 2005

Tobacco Regulation Review

No abstract provided.

Professor Jay Tidmarsh Commencement Address, Jay Tidmarsh

Commencement Programs

Professor Jay Tidmarsh, who had been selected as Law School Distinguished Teacher, addressed the graduates; his remarks follow.

12th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 12th Biennial Judge Joe Lee Bankruptcy Institute held May 2005.

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

Donor Standing To Enforce Charitable Gifts: Civil Society Vs. Donor Empowerment, Iris Goodwin

Scholarly Works

Philanthropy has a dirty little secret -- that a gift to public charity restricted to a specific purpose is often used in ways not intended by the donor. In most states, the attorney general is the agent for enforcement of such gifts. Attorney general offices are beset with difficulties that make it impossible to monitor how each charity administers restricted gifts. Donors are increasingly aware that their restrictions are ignored and, frustrated by lax enforcement, they are pursuing standing to enforce restrictions.

In Smithers v. St. Luke's/Roosevelt Hospital, the donor's widow succeeded in obtaining standing, even after the attorney general …

The Case For Closing The School Of The Americas, Bill Quigley

Brigham Young University Journal of Public Law

No abstract provided.

Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091a?, Glenn E. Roper

Brigham Young University Journal of Public Law

No abstract provided.