Law Commons^™

Accounting Fraud: Pleading Scienter Of Auditors Under The Private Securities Litigation Reform Act, Gideon Mark

ExpressO

This paper examines the current judicial approach to assessing the scienter of auditors under the Private Securities Litigation Reform Act. The paper concludes that the current approach is inadequate and should be modified.

The Problems With Blaming, Theodore Y. Blumoff

ExpressO

This work examines the social practice of blaming, beginning with a prominent view of the moral philosophy of blaming, the semantics of character that support this (and related) views, and the social and cultural biases we bring to the process of attributing blame. Our penchant for blaming is too often manifest in a hyper-willingness to attribute wrongdoing solely to the character of the wrongdoer, often overlooking the salience of the varied situations in which the wrongdoer finds himself. I synthesize the wealth of data, mostly from social psychology, showing that blaming actualizes our own dispositions for over-emphasizing the actor’s wicked …

Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah

Articles

The purpose of this article is to try to place the debate about Cuno v. DaimlerChrysler in a broader perspective by connecting it with the overall discussion of harmful tax competition. It discusses two hypothetical scenarios under which the city of Toledo, Ohio, is (a) a separate country and (b) a member state of the European Union. If the first hypothetical were true, the tax incentives offered by Toledo would violate the rules of the World Trade Organization; if the second hypothetical were true, the tax incentives would also violate the Treaty of Rome, as interpreted by the European Court …

Holocaust Restitution: Perpectives On The Litigation And Its Legacy, Michael Bazyler, Roger Alford

Michael Bazyler

No abstract provided.

Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas

U.S. Supreme Court Briefs

No abstract provided.

Conversations In Legal Education: Herbert Lazerow, December 22, 2005, Herbert Lazerow

Conversations in Legal Education

No abstract provided.

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In the months preceding the U.S. presidential election in November 2004, George Bush and John Kerry conducted what passed for a serious debate on U.S. foreign policy, especially the rationale for the war in Iraq and on the state of the "war on terror." It was easy to lose sight of the primary purpose of these two special issues of the New England Journal of Public Policy on war. So I should, perhaps, remind our readers.

The question posed was: what lessons can we draw from the wars and conflicts of the twentieth century that might help us to take …

One Morning In Morocco, Eli Mechanic

New England Journal of Public Policy

Presents the journal of an American student studying in Morocco based on his firsthand experiences on how Arabs viewed the Iraq war from January to May 2003. Lesson learned on March 20, 2003 where he felt the anger of Arab people upon seeing an American; Excitement of Arabs upon hearing news about dead Americans; Realization of the Moroccans on the cruelty of the Americans.

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell

New England Journal of Public Policy

Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.

Mandated Training: Program Proposed For Local Decision-Makers, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Local land use boards, made up of volunteers from the community, decide a majority of the land use issues in New York’s municipalities, as well as most other states. In the past, these decision makers were not required to obtain formal training. Now, several states and municipalities are recognize the substantial impact of land use board decisions, and as a consequence, are providing innovative training for their board members. Land use law becomes more complicated with each passing hour, and through proper training, land use board members can become informed decision makers who maximize the potential of their communities.

We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton

New England Journal of Public Policy

Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle …

Extending Predation Analysis To Monopolist's Bundled Discounts Under Section 2: An Economic, Legal, And Comparative Perspective, Seth B. Chertok

ExpressO

In LePage’s v. 3M, the Third Circuit decided the first case at the federal appellate court level that dealt with the subject of bundled discounts by a monopolist under Section 2 of the Sherman Act in the period following the U.S. Supreme Court’s decision in Brooke Group Ltd. v. Brown & Williamson Tobacco Corporation. Prior to the decision in Brooke Group, the Third Circuit had only once before addressed this topic in Smithkline Corp. v. Eli Lilly and Company. Smithkline is only significant because it nearly suggested that any bundled discount, regardless of whether above or below cost, was anti-competitive. …

Corporate Governance. Strategy. And Supply Management Performance: An Empirical Analysis Of Companies Listed In The São Paulo Stock Exchange, Wesley Mendes-Da-Silva, Ervin L. Black

Brigham Young University International Law & Management Review

No abstract provided.

Whither The Doha Round?, Michael L. Jensen

Brigham Young University International Law & Management Review

No abstract provided.

Much Ado About Nothing: Looking Past The Drama Of The Sarbanes-Oxley Act And Reevaluating The U.S. Delisting Trend Among Non-U.S. Firms, Kalani A. Morse

Brigham Young University International Law & Management Review

No abstract provided.

Anti-Monopoly Law In China: A Socialist Market Economy Wrestles With Its Antitrust Regime, Jared A. Berry

Brigham Young University International Law & Management Review

No abstract provided.

The New Challenges To The International Patentability Of Biotechnology: Legal Relations Between The Wto Treaty On Trade-Related Aspects Of Intellectual Property Rights And The Convention On Biological Diversity, Jonathan Curci

Brigham Young University International Law & Management Review

No abstract provided.

Governança Corporativa, Estratégia E Desempenho Da Gestão De Supreminetos: Uma Análise Empírica Com Indústrias Listadas Na Bovespa

Brigham Young University International Law & Management Review

No abstract provided.

The Dual Purpose Of The American Jobs Creation Act Of 2004, Dennis J. Kokenos

ExpressO

The American Jobs Creation Act of 2004 claims to help bring offshore investments back to the United States. In reality, the AJCA does much more. The AJCA of 2004 makes adjustments to the U.S. tax code which helps bring the U.S. in line with existing international trade obligations as well as stimulating the U.S economy.

Winning Wirzburger And Defeating The Blaine Amendments: Arguing Present Efficacy Instead Of Past Intent, Brendan Michael Groves

ExpressO

The case of Wirzburger v. Galvin, currently on a writ of certiorari to the Supreme Court, may set the tone for all religious discrimination cases in the future. Massachusetts’ constitutional amendments that proscribe any citizen initiatives from either dealing with religion in general or attempting to repeal the states Blaine Amendment are at issue in the case. Petitioner’s counsel, the Becket Fund, rightly views this case as paramount in the long-march to victory over the anti-Catholic Blaine Amendments still codified in 37 state constitutions. However, they have lost almost every stage of the case.

This article argues that Wirzburger and …

Conversations In Legal Education: Herbert Lazerow, December 19, 2005, Herbert Lazerow

Conversations in Legal Education

No abstract provided.

2005 Graduation And Hooding Ceremony For Juris Doctor Graduates, Nova Southeastern University

NSU Commencement Programs

No abstract provided.

The Law And Economics Of Wardrobe Malfunction, Keith Brown, Adam Candeub

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Tax Protestors And Penalties: Ensuring Perceived Fairness And Mitigating Systemic Costs, Danshera Cords

BYU Law Review

No abstract provided.

There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton

BYU Law Review

No abstract provided.

Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws

BYU Law Review

No abstract provided.

From Direct "Public Use" To Indirect "Public Benefit": Kelo V. New London's Bridge From Rational Basis To Heightened Scrutiny For Eminent Domain Takings, Trent Christensen

BYU Law Review

No abstract provided.

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

ExpressO

No abstract provided.