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Eighth Circuit Loosens The Grip Of The Bankruptcy Gag Rule, But Holds Attorneys To Advertising Disclosure Requirement, The, Bethany R. Findley

Missouri Law Review

The Court of Appeals for the Eighth Circuit, in a case of first impression, struck down a provision of the 2005 bankruptcy reform law that prohibits attorneys from advising their clients to incur more debt in contemplation of filing for bankruptcy. At the same time, the court upheld a provision of the Bankruptcy Code that compels attorneys to include a specified disclosure within their bankruptcy-related advertisements. The court's rationale for striking down the Code's restriction on attorney advice was that its broad application restricted attorneys from rendering advice that in some situations would be entirely lawful and beneficial to their …

Between Formulary Apportionment And The Oecd Guidelines: A Proposal For Reconciliation, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

While there have been few decided cases under the 1995 Transfer Pricing regulations and the OECD Guidelines, it is clear by now that the transfer pricing problem is as bad as it ever was. That is why my co-authors Kimberly Clausing and Michael Durst and I have recently re-proposed adopting Formulary Apportionment (FA). However, it is clear from the reactions we received that it is unlikely we will persuade advocates of the ALS and in particular the OECD that FA is the way forward (although this may change if the Obama Administration were to press the issue, or if the …

Structuring A Us Federal Vat, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

On 18 and 19 February 2009, the American Tax Policy Institute (ATPI) sponsored a conference in Washington, DC, on "Structuring a Federal VAT: Design and Coordination Issues." The conference was co-organized by Charles E. McLure, Jr. of Stanford University and the present writer, and featured many of the world's leading VAT experts from academia, government, and the private sector.

The purpose of the conference was to lay the ground for a potential future adoption of a federal VAT in the United States by discussing some of the technical issues related to two broad topics: Firstly, how should such a US …

Web And Desktop Tools, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg showcased her favorite web and desktop tools and demonstrated how to use them for your own work.

Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville Editor, David C. Stapleton Editor, Robert R. Weathers Editor, Richard V. Burkhauser Editor

Upjohn Press

This book offers a systematic review of what current statistics and data on working-age people with disabilities can and cannot tell us, and how the quality of the data can be improved to better inform policymakers, advocates, analysts, service providers, administrators, and others interested in this at-risk population.

Environmental Law And Global Climate Change., Howard Bromberg

Book Chapters

Contribution by Howard J. Bromberg to Encyclopedia of Global Warming

The Text Through Time, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

Bowen V. Oregon: Brief Of Jeffrey Abramson, Caroline L. Davidson, Shari S. Diamond, Theodore Eisenberg, Phoebe C. Ellsworth, Samuel R. Gross, Valerie P. Hans, Stephen Kanter, Norbert L. Kerr, Stephan Landsman, Robert J. Maccoun, Susan F. Mandiberg, Margaret L. Paris, Jeffrey J. Rachlinski, Mary R. Rose, Michael J. Saks, And Neil Vidmar As Amici Curae In Support Of Petitioner, Phoebe C. Ellsworth

Appellate Briefs

Amici are university professors whose teaching and scholarship have addressed historical, behavioral, and constitutional questions about jury unanimity. Amici are identified in the Appendix.

In Apodaca v. Oregon, 406 U.S. 404 (1972), and its companion case, Johnson v. Louisiana, 406 U.S. 356 (1972), a fractured Court concluded that the Sixth and Fourteenth Amendments did not mandate the traditional requirement of unanimity for criminal jury trials in state courts. The Court recognized that unanimity had been a requirement of common-law juries for hundreds of years, but a plurality considered that historical background unimportant. Instead, the plurality relied on a …

Massachusetts Zappers - Collecting The Sales Tax That Has Already Been Paid, Richard Thompson Ainsworth

Faculty Scholarship

No other New England state is as vulnerable to Zappers as is the State of Massachusetts. Zappers and related software programming, Phantom-ware, facilitate an old tax fraud – skimming cash receipts. In this instance skimming is performed with modern electronic cash registers (ECRs).

Zappers are a global revenue problem, but to the best of this author’s knowledge they have not been uncovered in Massachusetts. A global perspective says: it is highly unlikely that Zappers are not in the Commonwealth – we just need to find them. In fact, using a Quebec template, tax losses from Zappers and related frauds in …

Summary Of Hartford Fire Ins. Co.; Hartford Accident & Indem. Co.; & Richardson Constr., Inc. V. Tr. Of The Const. Indus. & Laborers Health & Welfare Trust; Tr. Of The Constr. Indus. & Laborers Joint Pension Trust; & Tr. Of The Constr. Indus. & Laborers Vacation Tru, 125 Nev. Adv. Op. No. 16, Elham Roohani

Nevada Supreme Court Summaries

Acceptance of the Ninth Circuit’s two certified questions: whether trustees must provide notice to recover on (1) payment bonds against surety and (2) against the general contractor.

Summary Of Las Vegas Taxpayer Accountability Comm. V. City Council, 125 Nev. Adv. Op. 17, Cristina Olson

Nevada Supreme Court Summaries

Appellants appealed a district court order that allowed the Las Vegas City Council to withhold two measures from a ballot. Appellants said the City Council did not have the authority to withhold the measures because of substantive concerns. Appellants also argued that the measures complied with Nevada statutes governing the content of ballot initiatives.

Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada, Adam C. Pritchard, Janis P. Sarra

Law & Economics Working Papers Archive: 2003-2009

A number of Canadian provinces recently have adopted legislation providing shareholders with a claim for secondary market fraud. Although the legislation has some similarities to the “fraud on the market” class action found in the United States, the laws have some important differences. This article compares securities class actions in Canada and the United States, highlighting the differences between the two regimes that are likely to have important strategic consequences for class action attorneys and issuers. The article also collects and analyzes data on the securities class actions that have been filed to date against Canadian issuers in both Canada …

May 27, 2009: Judge Sonia Sotomayor And Judicial Activism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Judge Sonia Sotomayor and Judicial Activism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Torture And The Tablets Of Eternity, Donald E. Wilkes Jr.

Popular Media

The question is whether there should be investigation, prosecution and punishment of those in the Bush administration who authorized or directed torture of prisoners, or who did the actual torturing.

Obama's Second Chance To Make History, José F. Anderson

All Faculty Scholarship

This short article provides a view of the circumstances and issues surrounding President Obama's nomination of federal circuit Judge Sonia Sotomayor to the U.S. Supreme Court.

With President Barack Obama's nomination of federal circuit Judge Sonia Sotomayor to the Supreme Court, his judicial appointment team has been presented with an early introduction to what has become one the most challenging areas of presidential governance over the last several decades.

The nominations to the nation's highest court have generated controversies going back to Ronald Reagan's failed attempt to elevate the highly controversial federal Judge Robert Bork to the court in the …

Resilience And Renaissance: Efforts To Rebuild A Healthier New Orleans, Michele J. Orza, Jessamyn Taylor

National Health Policy Forum

The National Health Policy Forum sponsored a site visit to New Orleans, Louisiana, in May 2009 to explore the city's health challenges, which are similar to those faced by other cities but were all greatly exacerbated by Hurricane Katrina and its aftermath. The agenda focused on three themes: primary care and behavioral health services availability and access, public health preparedness, and rebuilding healthier communities. It examined how these themes and others intersect in two distinct communities within New Orleans: the Holy Cross community surrounding the Lower Ninth Ward Center for Sustainable Engagement and Development and the community surrounding the Mary …

Supertext And Consistent Meaning, Steve R. Johnson

Scholarly Publications

Opponents of textualism as an approach to statutory interpretation sometimes deride it as myopic. The textualist, those opponents contend, puts on blinders, narrowing the perhaps vast panorama of possible perspectives on meaning to a narrow slice of the whole. Modern textualists beg to differ. They view that criticism as reductionist and are often quick to distinguish textualism from mere literalism. Thus, the leading contemporary textualist jurist – U.S. Supreme Court Justice Antonin Scalia – cautions:

Textualism should not be confused with so-called strict constructionism, a degraded form of textualism that brings the whole philosophy into disrepute .... [T]he good textualist …

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David Engel And "The Oven Bird's Song" (Edited Interview), David M. Engel

Contributions to Books

Published as Chapter 8 in Conducting Law and Society Research: Reflections on Methods and Practice, Simon Halliday & Patrick Schmidt, eds.

Understanding litigiousness involves many perspectives on how societies generate, shape, and process disputes. Whereas some may begin the study of disputing with the law and the formal institutions charged with implementing it, or what happens “in court,” a long tradition of Law and Society scholarship has emphasized the importance of seeing how cultural practices give life and meaning to the law. Though some of this scholarship has come from anthropology, much of it has been produced by scholars from …

May 24, 2009: President Barack Obama’S Criteria For Justice Of The Supreme Court, Bruce Ledewitz

Hallowed Secularism

Blog post, “ President Barack Obama’s Criteria for Justice of the Supreme Court“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Lessons Learned From Forest Grove School District V. T.A.: How The Supreme Court Can Refine The Approach To Private School Tuition Reimbursement Under The Idea, Courtney Rachel Baron

NULR Online

On April 28, 2009, the Supreme Court heard oral argument in Forest Grove School District v. T.A., a case that addresses a deeply contested issue in special education litigation. Reviewing the Ninth Circuit’s decision in Forest Grove, the Court will decide whether the Individuals with Disabilities Education Act (IDEA) entitles parents to reimbursement for their child’s private school education if the child has never received special education services provided by a public school. Forest Grove represents the latest of many cases to perpetuate the circuit split on this issue. In fact, in 2007, the Supreme Court addressed the …

Cybercrime And The 2012 London Olympics, Denis Edgar-Nevill

Annual ADFSL Conference on Digital Forensics, Security and Law

The London 2012 Olympics is just three years away and the clock is ticking to put in place plans get it right. The potential for cybercrime to cause harm during this event is very great; harm to national reputation, harm to the reputation to the Olympic movement, and harm to individuals competing, watching or officiating. This paper considers the need to address these risks by taking a look at what has happened in the past at sporting events and the rising wave of electronic security threats and fraud facilitated by computers at recent Olympics. The problems for law enforcement are …

Methodology For Investigating Individuals Online Social Networking Persona, Jonathan T. Rajewski

Annual ADFSL Conference on Digital Forensics, Security and Law

When investigators from either the private or public sector review digital data surrounding a case for evidentiary value, they typically conduct a systematic categorization process to identify the relevant digital devices. Armed with the proper methodology to accomplish this task, investigators can quickly recognize the appropriate digital devices for forensic processing and review. This paper purposes a methodology for investigating an individual’s online social networking persona.

Keywords: Social Networking, Web 2.0, Internet Investigations, Online Social Networking Community

Donald Leader Charge V. Nora Leader Charge, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Rwu School Of Law Commencement (May 22, 2009), Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info.

Keywords: Bluetooth hacking, mobile phone hacking, wireless hacking

Concerning File Slack, Stephen P. Larson

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we discuss the phenomena known as file slack. File slack is created each time a file is created on a hard disk, and can contain private or confidential data. Unfortunately, the methods used by Microsoft Windows operating systems to organize and save files require file slack, and users have no control over what data is saved in file slack. This document will help create awareness about the security issue of file slack and discuss research results concerning file slack.

Keywords : Computer Forensics, File Slack, Ram Slack, Disk Slack

Don’T Touch That! And Other E-Discovery Issues, Linda Volonino

Annual ADFSL Conference on Digital Forensics, Security and Law

The ability to preserve and access electronically stored information (ESI) took on greater urgency when amendments to the Federal Rules of Civil Procedure went into effect in December 2006. These amendments, referred to as the electronic discovery (e-discovery) amendments, focus on the discovery phase of civil litigation, audits, or investigations. Discovery is the investigative phase of a legal case when opponents learn what evidence is available and how accessible it is. When ESI is the subject of discovery, it is called e-discovery. Recognizing that most business and personal records and communications are electronic, Judge Shira A. Scheindlin stated, "We used …

Why Are We Not Getting Better At Data Disposal?, Andy Jones

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper describes two sets of research, the first of which has been carried out over a period of four years into the levels and types of information that can be found on computer hard disks that are offered for sale on the second hand market. The second research project examined a number of second-hand hand held devices including PDAs, mobile (cell) phones and RIM Blackberry devices. The primary purpose of this research was to gain an understanding of the reasons for the failure to effectively remove potentially sensitive information from the disks and handheld devices. Other objectives included determining …

The Computer Fraud And Abuse Act And The Law Of Unintended Consequences, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

One of the most unanticipated results of the Computer Fraud and Abuse Act arose from the law of unintended consequences. The CFAA was originally enacted in 1984 to protect federal government computers from intrusions and damage caused by hackers, identity thieves, and other cyber criminals. The law was later amended to extend the scope of its application to financial institutions’, business’s and consumers’ computers. To aid in the pursuit of cyber criminals, one of the subsequent revisions to the law included provision “G” that gave the right to private parties to seek compensation for damages in a civil action for …

Correlating Orphaned Windows Registry Data Structures, Damir Kahvedžić, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

Recently, it has been shown that deleted entries of the Microsoft Windows registry (keys) may still reside in the system files once the entries have been deleted from the active database. Investigating the complete keys in context may be extremely important from both a Forensic Investigation point of view and a legal point of view where a lack of context can bring doubt to an argument. In this paper we formalise the registry behaviour and show how a retrieved value may not maintain a relation to the part of the registry it belonged to and hence lose that context. We …