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Articles 1 - 30 of 638
Full-Text Articles in Law
Initial Public Offerings And The Failed Promise Of Disintermediation, A. Christine Hurt
Initial Public Offerings And The Failed Promise Of Disintermediation, A. Christine Hurt
Faculty Scholarship
No abstract provided.
The Undercivilization Of Corporate Law, A. Christine Hurt
The Undercivilization Of Corporate Law, A. Christine Hurt
Faculty Scholarship
No abstract provided.
Reinvigorating Tax Expenditure Analysis And Its International Dimension, J. Clifton Fleming Jr., Robert J. Peroni
Reinvigorating Tax Expenditure Analysis And Its International Dimension, J. Clifton Fleming Jr., Robert J. Peroni
Faculty Scholarship
Tax expenditure analysis (TEA) was rigorously criticized from its inception and continues to draw negative reviews. Notwithstanding this criticism, the Congressional Budget and Impoundment Control Act of 1974 requires the President's annual budget submission to contain a list of tax expenditures, and Congress's Joint Committee on Taxation has produced its own tax expenditure list each year since 1972. Although TEA has not restrained or reversed the growth of tax expenditures, TEA continues to play a major role in tax policy debates to the chagrin of its detractors. The persistence of TEA in a hostile environment suggests that it has meaningful …
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Faculty Scholarship
On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …
The Dystopian Potential Of Corporate Law, D. Gordon Smith
The Dystopian Potential Of Corporate Law, D. Gordon Smith
Faculty Scholarship
The community of corporate law scholars in the United States is fragmented. One group, heavily influenced by economic analysis of corporations, is exploring the merits of increasing shareholder power vis-a-vis directors. Another group, animated by concern for social justice, is challenging the traditional, shareholder-centric view of corporate law, arguing instead for a model of stakeholder governance. The current disagreement within corporate law is as fundamental as in any area of law, and the debate is more heated than at any time since the New Deal. This paper is part of a debate on the audacious question, Can Corporate Law Save …
Cyber Civil Rights, Danielle Keats Citron
Cyber Civil Rights, Danielle Keats Citron
Faculty Scholarship
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations. Today’s …
Introduction: Beyond The State? Rethinking Private Law, Ralf Michaels, Nils Jansen
Introduction: Beyond The State? Rethinking Private Law, Ralf Michaels, Nils Jansen
Faculty Scholarship
Introduction to an issue of the journal that brings together the papers presented, as revised by the participants, at a conference held at the Max Planck Institute for Comparative and International Private Law in Hamburg, Germany in the summer of 2007.
The New European Choice-Of-Law Revolution, Ralf Michaels
The New European Choice-Of-Law Revolution, Ralf Michaels
Faculty Scholarship
Conflict of laws in Europe was long viewed by outsiders as formalist, antiquated, and uninteresting. Now that the European Union has become more active in the field, things are changing, but most view these changes as a mere gradual evolution. This is untrue. Actually, and fascinatingly, we are observing a real European conflicts revolution—in importance, radicalness, and irreversibility comparable to the twentieth-century American conflicts revolution. European developments go beyond the federalization of choice-of-law rules in EU regulations. In addition, EU choice of law is being constitutionalized, in particular through the principles of mutual recognition and the country-of-origin principle, along with …
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
Faculty Scholarship
No abstract provided.
The French Subjective Theory Of Contract: Separating Rhetoric From Reality, Wayne Barnes
The French Subjective Theory Of Contract: Separating Rhetoric From Reality, Wayne Barnes
Faculty Scholarship
Most of the world, including Anglo-American jurisdictions, conforms to the objective theory of contract, which posits that contract formation is determined by reference solely to external evidence of manifestations of assent. On the other hand, France uniquely clings to the rhetoric of its “subjective” theory of contract, championing the freedom of the individual and the autonomy of the will. France’s association with a subjective theory of contract is widely recognized and assumed. One would initially assume that the French subjectivist philosophy would result in dramatically different outcomes in actual cases, when compared with the objectivist rules-based perspective that obtains in …
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Faculty Scholarship
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today's …
Torts And Innovation, Alex Stein, Gideon Parchomovsky
Torts And Innovation, Alex Stein, Gideon Parchomovsky
Faculty Scholarship
No abstract provided.
Punitive Damages, Criminal Punishment, And Proportionality: The Importance Of Legislative Limits, Leo M. Romero
Punitive Damages, Criminal Punishment, And Proportionality: The Importance Of Legislative Limits, Leo M. Romero
Faculty Scholarship
This Article addresses the timely and controversial topic of constitutional limits on punitive damages and brings a criminal punishment theory perspective to the analysis of this issue. The question of how to determine when punishment is unconstitutionally excessive has been and continues to be a subject of intense debate in the courts and scholarly circles. The United States Supreme Court has subjected criminal sanctions, criminal forfeitures, and punitive damages to a proportionality requirement, but the Court uses different approaches to the proportionality analysis depending on the type of punishment. In the criminal context, the Court has retreated in large part …
The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, Keith N. Hylton, David S. Evans
The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, Keith N. Hylton, David S. Evans
Faculty Scholarship
The antitrust laws of the United States have, from their inception, allowed firms to acquire significant market power, to charge prices that reflect that market power, and to enjoy supra-competitive returns. This article shows that this policy, which was established by the U.S. Congress and affirmed repeatedly by the U.S. courts, reflects a tradeoff between the dynamic benefits that society realizes from allowing firms to secure significant rewards, including monopoly profits, from making risky investments and engaging in innovation; and the static costs that society incurs when firms with significant market power raise price and curtail output. That tradeoff results …
Electronic Tax Fraud - Are There 'Sales Zappers' In Japan?, Richard Thompson Ainsworth
Electronic Tax Fraud - Are There 'Sales Zappers' In Japan?, Richard Thompson Ainsworth
Faculty Scholarship
Although there is no public acknowledgement - in the press, in a court case, though any announcement by the Japanese National Tax Administration, or in any academic studies or papers - that Zappers and Phantom-ware are a fraud problem in Japan, a number of factors suggest that Japan may be very fertile ground for technology-assisted cash skimming fraud. Those factors include: (1) a high concentration of small to medium sized businesses; (2) the fact that the retail economy is highly cash-based; and (3) the high level of technology acceptance in the Japanese retail sector - electronic cash registers (ECRs) and …
Systemic Risk, Steven L. Schwarcz
Systemic Risk, Steven L. Schwarcz
Faculty Scholarship
Governments and international organizations worry increasingly about systemic risk, under which the world’s financial system can collapse like a row of dominoes. There is widespread confusion, though, about the causes and even the definition of systemic risk, and uncertainty about how to control it. This Article offers a conceptual framework for examining what risks are truly “systemic,” what causes those risks, and how, if at all, those risks should be regulated. Scholars historically have tended to think of systemic risk primarily in terms of financial institutions such as banks. However, with the growth of disintermediation, in which companies can access …
Skating With Donovan: Thoughts On Librarianship As A Profession, Richard A. Danner
Skating With Donovan: Thoughts On Librarianship As A Profession, Richard A. Danner
Faculty Scholarship
James M. Donovan’s article: Skating on Thin Intermediation: Can Libraries Survive?, 27 Legal Reference Services Q. 95 (no. 2-3, 2008) argues that librarians place more emphasis than they might on providing service to library users at a time when information seekers are relying less on intermediaries, and that over-emphasizing service to the detriment of other values diminishes the status of librarianship as a profession. The article presents two contrasting models of librarianship. This article discusses Donovan’s models and comments on the continuing importance of the service model to librarianship.
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Faculty Scholarship
The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else …
Linkage And The Deterrence Of Corporate Fraud, Miriam Baer
Linkage And The Deterrence Of Corporate Fraud, Miriam Baer
Faculty Scholarship
No abstract provided.
Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider
Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
America's Unknown Constitutional World, Christian G. Fritz
America's Unknown Constitutional World, Christian G. Fritz
Faculty Scholarship
Historical and popular understandings of the American constitutional tradition have adopted the contentions of only one side of this debate and its role in bringing about the 1787 constitution. In doing so, these accounts miss much of that tradition’s actual history.
Earth Jurisprudence A Pathfinder, Glen-Peter Ahlers Sr.
Earth Jurisprudence A Pathfinder, Glen-Peter Ahlers Sr.
Faculty Scholarship
No abstract provided.
The Changing Face Of Family Law: Global Consequences Of Embedding Physicians And Biotechnology In The Parent-Child Relationship, George J. Annas
The Changing Face Of Family Law: Global Consequences Of Embedding Physicians And Biotechnology In The Parent-Child Relationship, George J. Annas
Faculty Scholarship
Sexual reproduction, also known as making babies the old-fashioned way, has always brought with it significant challenges for family law, especially regarding protecting the best interests of children, and the identification of parents with the right and responsibility to rear them. But these challenges often seem mundane in the face of what has evolved since physicians have been injected into baby making and thus into novel parent-child relationships. The addition of physicians and their "new" medical technologies, sometimes called Assisted Reproductive Technology (ART), have forced the law to reconsider the very definition of motherhood and have radically altered society's view …
International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu
International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu
Faculty Scholarship
Extract:
In the United States, trademark antidilution protection is back—maybe. Proposed by Frank Schechter in the 1920s, adopted in various incarnations in some states over the next few decades, and ultimately introduced in a slightly different form in federal trademark law in 1995, the dilution provisions drew a cool reception in the courts. By the late 1990s, an increasingly restive judiciary was constraining the federal dilution provisions in various ways, most notably by requiring mark owners to prove actual dilution in order to establish liability, a requirement endorsed by the United States Supreme Court in Moseley v. V Secret Catalogue, …
Dances With Elephants: Administrative Resolution Of Medical Injury Claims By Medicare Beneficiaries, Eleanor D. Kinney, William M. Sage
Dances With Elephants: Administrative Resolution Of Medical Injury Claims By Medicare Beneficiaries, Eleanor D. Kinney, William M. Sage
Faculty Scholarship
In our judgment, Hoffmann and Rowthorn's research clearly demonstrates that the QIO-based complaint review process does not provide genuine relief to beneficiaries. People who complain typically want an explanation of their bad experience, compensation for harm they may have suffered, and assurance that future experiences will be better for themselves and for others. Medicare beneficiaries, however, receive minimal information about the resolution of their complaints and no substantive relief whatsoever.
As Hoffmann and Rowthorn point out, several reform proposals are now before Congress, including moving the beneficiary complaint function from QIOs to new "Medicare Provider Review Organizations." It is not …
Congress Should Engage In Sentencing Review: Some Ideas For The 111th Congress, Lisa A. Rich
Congress Should Engage In Sentencing Review: Some Ideas For The 111th Congress, Lisa A. Rich
Faculty Scholarship
Since the Booker decision, Congress has demonstrated, for the most part, remarkable restraint against "tinkering" with the system, a fact owed in large measure to the efforts of the United States Sentencing Commission to keep Congress informed about federal sentencing trends. The Commission has done an admirable job in turning around its data collection, analysis, and reporting functions to provide Congress, and the entire criminal justice system, with useful statistics and information that suggest the system is not falling apart. For example, the Commission's efforts demonstrate, as Frank Bowman noted, that the average sentence in federal cases did rise between …
The Emerging Importance Of "Social Visibility" In Defining A "Particular Social Group" And Its Potential Impact On Asylum Claims Related To Sexual Orientation And Gender, Fatma E. Marouf
Faculty Scholarship
An emerging issue in U.S. asylum claims based on "membership in a particular social group" is the relevance of social visibility in determining whether such a group exists. Of the five protected grounds for asylum, "membership in a particular social group" has always generated the most debate. Until recently, however, neither the Board of Immigration Appeals (BIA) nor the federal courts focused on "social visibility" in defining this term. The dominant view of the international community, rooted in the BIA's seminal decision in Acosta, defines a "particular social group" based solely on the existence of an "immutable" characteristic," one …