Law Commons^™

Direct And Derivative Claims In Securities Fraud Litigation, Richard A. Booth

Working Paper Series

In the typical securities fraud class action under Rule 10b-5, the plaintiff class consists of buyers who seek damages equal to the difference between the price paid for the stock during the fraud period and the lower price that prevails after corrective disclosure. The argument here is that this claim is really an amalgam of direct and derivative claims and that the derivative claims should result in recovery by the corporation for the benefit of all stockholders. There are three types of losses that arise in the typical stock-drop action. First, part of the loss may be attributable to lower …

Obama's International Tax Plan: A Major Step Forward, Reuven S. Avi-Yonah

Articles

President Barack Obama last week personally introduced a set of proposals to reform U.S. international taxation that are the most significant advance toward preserving the income tax on cross-border transactions since the enactment of the subpart F rules by the Kennedy administration in 1962. (For prior coverage, see Doc 2009-10047 or 2009 TNT 84-1.) In essence, the Obama proposals introduce a 21stcentury version of the vision begun by Thomas Adams in 1918 and continued by Stanley Surrey in 1961: a world in which source and residence taxation are coordinated so as to achieve the underlying goals of the international tax …

The Search For Meaning In Republic Of Iraq V. Beaty, Jennifer Price

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Wyeth V. Levine And Its Implications, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied preemption as a defense in pharmaceutical cases. In this Analysis & Perspective, attorney Brian Wolfman discusses the decision and its implications for prescription drug litigation as well as litigation in other areas that are regulated by the federal government.

After Wyeth, Wolfman says, a defendant in a prescription drug case must demonstrate a ‘‘tight fit between the labeling change proposed by the manufacturer (and rejected by the FDA) and the labeling change that the plaintiff contends would have prevented her injuries.’’ Moreover, he says, …

Forty-Three Percent Of Eligible Rural Families Can Claim A Larger Credit With Eitc Expansion, Marybeth J. Mattingly

Carsey Publications

This policy brief on the changes to the Earned Income Tax Credit in the ARRA also shows that families with three or more children and married couples will receive an increased refund under these new EITC rules for tax years 2009 and 2010. Many families in urban and suburban communities will also see increased benefits under these new provisions.

Negron: Circuits Now Split 2-2, Wendy G. Gerzog

All Faculty Scholarship

The article discusses Negron and the circuit split on the issue of whether to value non-assignable lottery payments in a decedent's estate by means of the actuarial tables or whether that value needs to be discounted for non-marketability.

Eight Is Enough, Naomi R. Cahn, Jennifer R. Collins

NULR Online

No abstract provided.

May 9, 2009: The Pope's Visit To Jordan, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Pope's Visit to Jordan“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

2009 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.

Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson

Electronic Theses and Dissertations

To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim.

The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases.

Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun …

Letter To Clerk Of Court Re: Harold Harris, Roger J. Miner '56

Correspondence

No abstract provided.

Online Communication Technology And Relational Development, Anita D. Bhappu, Noam Ebner, Sanda Kaufman, Nancy A. Welsh

Faculty Scholarship

Key to success in negotiation is managing and enhancing relationships. This concept can be difficult to convey in short-term executive training courses where students have little time for relational development. Not to worry: the authors assert that by strategically using online communication before, during, and after such courses, students can effectively both train for, and depend on, good relations at a distance.

The Obama International Tax Plan: A Major Step Forward, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

On May 4, 2009, President Obama in person introduced a set of proposals to reform U.S. international taxation that are the most significant advance toward preserving the income tax on cross-border transactions since the enactment of Subpart F by the Kennedy Administration in 1962. In essence, the Obama proposals (the “Obama Plan”) introduce a 21st Century version of the vision begun by Thomas Adams in 1918 and continued by Stanley Surrey in 1961: A world in which source and residence taxation are coordinated so as to achieve the underlying goals of the international tax regime. As I have explained at …

Vol. Vi, Tab 38 - Ex. 25 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Appeal No. 0810: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-88

May 6, 2009: Judicial Pragmatism And Justice Souter's Replacement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Judicial Pragmatism and Justice Souter's Replacement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Bills Introduced In The 111th Congress Regarding Flexible Work Arrangements, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers. This document charts bills introduced in the 111th Congress regarding flexible work arrangements.

In The Matter Of Exemption To Prohibition On Circumvention Of Copyright Protection Systems For Access Control Technologies: Hearing Before The U.S. Copyright Office, Library Of Cong., May 6, 2009 (Statement Of Roger V. Skalbeck, Geo. U. L. Library, On Behalf Of The American Association Of Law Libraries, The Medical Library Association And The Special Libraries Association), Roger Skalbeck

Testimony Before Congress

The American Association of Law Libraries, the Medical Library Association, and the Special Libraries Association submit the following comments on exemptions that should be granted pursuant to 17 U.S.C. § 1201 (a)(1)(C).

Our request for an exemption is specifically aimed at literary and audiovisual works, usually commercially-produced, lawfully-acquired DVDs, when circumvention is used to make compilations of brief portions of the works for educational use by faculty members in a classroom setting.

Specifically, we request that the exemption granted to faculty in media and film studies programs after the 2006 rulemaking proceeding be broadened to faculty of law and the …

Tracer Studies Of Sheet Flow In The Florida Everglades, David T. Ho, Victor C. Engel, Evan A. Variano, Paul J. Schmieder, Madison Condon

Faculty Scholarship

Information on sheet flow patterns in the marsh ridge and slough habitat of the Florida Everglades is scarce, primarily because of difficulty in taking measurements across large enough spatial scales in such a heterogeneous environment. As part of the Everglades Tracer Release Experiment (EverTREx), two SF6 tracer releases were conducted to measure sheet flow in relatively intact ridge and slough habitats. The first was a pilot experiment that allowed the analytical equipment to be tested in the Everglades, and yielded some preliminary, coarse-scale measurements of advection and dispersion in multiple sloughs. In the second experiment, higher-resolution measurements of tracer distributions …

Appeal No. 0801: Edward H. Everett Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-56, 2008-57 & 2008-58

Appeal No. 0803: Edward H. Everett Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-56, 2008-57 & 2008-58

Appeal No. 0802: Edward H. Everett Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-56, 2008-57 & 2008-58

Appeal No. 0798: Adams Oil & Gas V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2008-42 and 2008-43

Appeal No. 0799: Adams Oil & Gas V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2008-42 and 2008-43

Vol. Ix, Tab 41 - Ex. 17 - Email From Baris Gultekin (Google Product Manager Director), Baris Gultekin

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Xx, Tab 57 - Ex. 14 - Document Minutes Of A Regular Meeting Of The Disclosure Committee Of Google, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Mitigating Dysfunctional Deference Through Improvements In Board Composition And Board Effectiveness, Marc Goldstein

NULR Online

No abstract provided.

May 3, 2009: Justice Souter’S Replacement And The Future Of The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Souter’s Replacement and the Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Death Penalty On Deathbed, Donald E. Wilkes Jr.

Popular Media

Capital punishment involves killing helpless prisoners. It is uncivilized. It is wrong for the same reasons torture is wrong.

The Importance Of Intelligence In Combating A Modern Insurgency, Kevin Reamer

Journal of Strategic Security

Throughout history the world has been plagued by insurgencies. While the underlying causes of each new insurgency have been different, they are all similar in certain areas. This similarity entails that the effective countering of an insurgency can be turned into a science with a set of guidelines to follow based on conditions on the ground. Guidelines are important because insurgencies are flexible and to defeat them the counterinsurgency must be equally flexible if not more flexible. Good intelligence is critical to the success of an insurgency. With their small, poorly equipped forces, the leaders of insurgencies need to know …