Law Commons^™

The Impossible Student Exception To Fica Taxation And Its Applicability To Medical Residents, Patrick Timothy Rowe

Washington and Lee Law Review

No abstract provided.

Panel Ii: The Attacks Upon Statutory Damages And The "Making Available" Right--The Possible After-Effects On Big And Small Business Litigation Strategies, David Opderbeck, Hugh C. Hansen, Sherwin `. Siy, Donald B. Verrilli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Guerrilla Video: Potential Copyright Liability For Websites That Index Links To Unauthorized Streaming Content, Jason J. Lunardi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Flying Above The Law And Below The Radar: Instilling A Taxpaying Ethos In Those Playing By Their Own Rules, Richard Lavoie

Pace Law Review

No abstract provided.

Cross-Endorsement By Political Parties: A "Very Pretty Jungle"?, Celia Curtis

Pace Law Review

No abstract provided.

Finding The Middle Ground: Acuna V. Turkish And The New Jersey Supreme Court's Reaffirmation Of A Doctor's Role Under The Doctrine Of Informed Consent In The Digital Age, Allyson M. Rucinski

Pace Law Review

No abstract provided.

The Regulation Of Greenhouse Gas Emissions By New York State From A Legal Perspective: Is A Tax Or Market-Based System Optimal?, Christopher Aung

Pace Law Review

No abstract provided.

Discriminatory Retaliation: Title Vii Protection For The Cooperating Employee, Megan E. Mowrey

Pace Law Review

No abstract provided.

Innovation Or A Race To The Bottom? Trust "Modernization" In New Hampshire, Christopher Paul

The University of New Hampshire Law Review

[Excerpt] “Late last summer, Governor Lynch signed into law Senate Bill 465, designed to further update New Hampshire‘s trust law. This bill follows similar legislation in Alaska, Delaware, Nevada, and several other states. It adds major new provisions to the existing statutory framework for irrevocable trusts. The bill allows for the creation of so-called self-settled asset protection trusts or domestic asset protection trusts (DAPTs). DAPTs represent the latest chapter in our State‘s move away from traditional trust and estate principles towards a system of dynastic and (theoretically) creditor-proof trusts.

This legislation results from New Hampshire‘s desire to retain and attract …

Stepping Beyond The Smith Plaintiffs‘ Reliance On Corso: An Alternative Approach To Recovering Emotional-Distress Damages In Wrongful-Birth Cases In New Hampshire, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “More than twenty years ago, in Smith v. Cote, the New Hampshire Supreme Court held “that New Hampshire recognizes a cause of action for wrongful birth.” After so holding, the court then discussed the damages available to a prevailing wrongful-birth plaintiff. Among other things, the court held that when parental emotional distress associated with raising a disabled child, born after the mother had received negligent pre-natal assurance of the baby‘s normal health, “results in tangible pecuniary losses, such as medical expenses or counseling fees, such losses are recoverable.” The court further held that a wrongful-birth plaintiff may not recover …

Masthead, Volume 5, Number 3, 2007, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Five, Issue Number Three.

Assaulting America's Mainstream Values: Hans Zeiger's “Get Off My Honor: The Assault On The Boy Scouts Of America”, Eric Alan Isaacson

The University of New Hampshire Law Review

[Excerpt] “Lieutenant Colonel Oliver L. North’s Foreword to Hans Zeiger’s book Get Off My Honor: The Assault on the Boy Scouts of America warns that one of America’s most trusted institutions, the Boy Scouts of America (BSA), is under siege for advancing “what many of us euphemistically call traditional values.

Euphemistically?

North’s choice of words inadvertently reveals what he and many other so-called “social conservatives” obviously know in their hearts—that the BSA’s recent campaign against gay youth and religious liberals is grounded in something other than America’s proudest traditions and values. Hans Zeiger proceeds himself to remove any illusions in …

Detecting, Preventing, And Treating Sexually Transmitted Diseases Among Adolescent Arrestees: An Unmet Public Health Need, Steven Belenko, Richard Dembo, Matthew Rollie, Kristina Childs, Christopher Salvatore

Department of Justice Studies Faculty Scholarship and Creative Works

Studies of detained and incarcerated adolescent offenders in the United States indicate that these juveniles have an elevated risk of sexually transmitted diseases (STDs). However, many more arrestees enter the “front end” of the juvenile justice system that is detained or incarcerated, and research into the STD risk profiles and service needs of this larger group is lacking. An expansion of STD testing (including of asymptomatic youths), prevention, and treatment is needed, as is improved knowledge about gender- and race-specific services. A pilot program in Florida has shown that juvenile justice and public health systems can collaborate to implement STD …

Foreword: Fault In American Contract Law, Omri Ben-Shahar, Ariel Porat

Michigan Law Review

The basic rule of liability in tort law is fault. The basic rule of liability in contract law is no fault. This is perhaps one of the most striking divides within private law, the most important difference between the law of voluntary and nonvoluntary obligations. It is this fault line (speaking equivocally) that the present Symposium explores. Is it a real divide-two opposite branches of liability within private law-or is it merely a rhetorical myth? How can it be justified? As law-and-economics scholars, this fault/no-fault divide between contract and tort is all the more puzzling. In law and economics, legal …

Inferring The Winning Party In The Supreme Court From The Pattern Of Questioning At Oral Argument, Lee Epstein, William M. Landes, Richard A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Chief Justice John Roberts, and others, have noticed that the lawyer in an oral argument in the Supreme Court who is asked more questions than his opponent is likely to lose the case. This paper provides rigorous statistical tests of that hypothesis and of the related hypothesis that the number of words per question asked, as distinct from just the number of questions asked, also predicts the outcome of the case. We explore the theoretical basis for these hypotheses. Our analysis casts light on competing theories of judicial behavior, which we call the "legalistic" and the "realistic." In the former, …

Neoliberal Penality: A Brief Genealogy, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Online Advertising, Identity And Privacy, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Regulation Of Soveriegn Wealth Funds: The Virtues Of Going Slow, Amanda M. Rose, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Any symposium on private-equity firms and the going private phenomenon would be incomplete without discussion of Sovereign Wealth Funds (SWFs). These government-owned investment vehicles have and will continue to play an important role in the going private phenomenon. SWFs have not only helped fuel that phenomenon through their participation as limited partners in private-equity funds and hedge funds, but their massive capital infusions into ailing financial institutions and private-equity firms in the wake of the subprime mortgage crisis may, in a very real sense, save it. It is not hyperbolic to suggest that the future of private equity—including the going …

Trade 2.0, Anupam Chander

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Welfare As Happiness, Jonathan Masur, Christopher Buccafusco, John Bronsteen

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Willpower And Legal Policy, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

A Criminal Law Conversation, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael O'Hear, Alice Ristroph

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Corporate Law’S Distributive Design, Anupam Chander

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Defending A Social Learning Explanation: A Comment On The Origins Of Shared Intuitions Of Justice, Christopher Brett Jaeger

Vanderbilt Law Review

No abstract provided.

Professionalizing Moral Deference, Michael Hatfield

NULR Online

As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the “torture memoranda” to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …

Cartels As Two-Stage Mechanisms: Implications For The Analysis Of Dominant-Firm Conduct, Randal D. Heeb, William E. Kovacic, Robert C. Marshall, Leslie M. Marx

Chicago Journal of International Law

In this Article we propose that monopolization conduct be analyzed through the lens of cartel behavior. Although cartels typically suppress interfirm rivalry, in many instances this is not their sole focus. Many cartels operate as two-stage mechanisms. The first stage consists of reaching a consensus on a plan to restrict output or otherwise curb rivalry. For many cartels, once interfirm rivalry is addressed, the cartel moves to the second stage of activity, in which it uses exclusionary behavior often featured in monopolization cases to ensure the effectiveness of its efforts to restrict output. To illustrate this phenomenon, we draw upon …

The Exxon Valdez Case And Regularizing Punishment, Jeffrey L. Fisher

Alaska Law Review

No abstract provided.

“The Judge Said, ‘Son, What Is Your Alibi …?” A Survey Of Alaska Criminal Discovery Principles, James Fayette

Alaska Law Review

No abstract provided.