Law Commons^™

Hohenlohe V. Dep't Of Natural Res. And Conservtion, 357 Mont. 438 (2010), Jamie Luckenbill

Water Law Review

No abstract provided.

Lake Cda Inv., Llc V. Idaho Dep't Of Lands, 233 P.3d 721 (Idaho 2010), Nicole Tachibana

Water Law Review

No abstract provided.

Kerbs V. Walck, 229 P.3d 974 (Wyo. 2010), Serena Hendon

Water Law Review

No abstract provided.

Vol. 14, No. 1: Full Issue, Water Law Review

Water Law Review

No abstract provided.

The Role Of Independent Directors In Startup Firms, Brian J. Broughman

Vanderbilt Law School Faculty Publications

This Article develops a new theory to explain the widespread use of independent directors in the governance of startup firms. Privately held startups often assign a tie-breaking board seat to a third-party independent director. This practice cannot be explained by the existing corporate governance literature, which relies on diffuse ownership and passive investment-features unique to the publicly traded firm. To develop an alternative theory, I model a financing contract between an entrepreneur and a venture capital investor. I show that allocating a tie- breaking vote to an unbiased third party can prevent opportunistic behavior that would occur if the firm …

Cooperating Rivals: The Riparian Politics Of The Jordan River Basin, By J. Soslan, Neda A. Zawahri

Political Science Faculty Publications

No abstract provided.

The Power Of Warm Glow, Usha Rodrigues

Scholarly Works

Professor Brian Galle’s Keep Charity Charitable is a thoughtful contribution to the ongoing conversation about the proper tax treatment of charitable organizations. I largely agree with Galle’s arguments, but I would like to offer two criticisms of his positions: first, Galle overstates the problem posed by for-profit firms offering charitable services; and second, he understates the power of “warm glow” in the nonprofit organization.

Pro Bono Collaborative E-Newsletter (No. 7) (September 2010), Roger Williams University School Of Law

Pro Bono Collaborative Newsletter

No abstract provided.

Governing With Clean Hands: Automated Public Toilets And Sanitary Surveillance, Irus Braverman

Journal Articles

To anyone familiar with the story of urban decay in major American cities in the 1980s – and with the subsequent abolition of toilets from city streets – the introduction of automated public toilets (APTs) to urban spaces sounds like very good news. This article explores the re-democratizing message that commonly accompanies the introduction of APTs to North American city streets as well as their on-the-ground manifestations. It focuses on two major components of APTs: privatization and automation. The process of privatization, which characterizes most APT operations in North America, carries with it various exclusionary effects that stand in stark …

Statutory Development Rights: Why Implementing Vested Rights Through Statute Serves The Interests Of The Developer And Government Alike, Brian K. Steinwascher

Cardozo Law Review

No abstract provided.

Foreword: The Significance Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Waterstone

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

China And Disability Rights, Michael Ashley Stein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Shared Understanding Or Consensus-Masked Disagreement? The Anti-Torture Framework In The Convention On The Rights Of Persons With Disabilities, Janet E. Lord

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Legal Regulations Relating To The Passive And Active Legal Capacity Of Persons With Intellectual And Psychosocial Disabilities In Light Of The Convention On The Rights Of Persons With Disabilities And The Impending Reform Of The Hungarian Civil Code, István Hoffman, György Könczei

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Women With Disabilities: The Forgotten Peace Builders, Stephanie Ortoleva

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Future Of Disability Law In Japan: Employment And Accommodation, Jun Nakagawa, Peter Blanck

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Masthead, Volume 32 (2010-2011)

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 32, Issue 1

Cardozo Law Review

No abstract provided.

Mandatory Minimalism, Erik Luna, Paul G. Cassell

Cardozo Law Review

No abstract provided.

Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel Beh, Jeffrey W. Stempel

Cardozo Law Review

No abstract provided.

Risk Taking, Karl S. Okamoto, Douglas O. Edwards

Cardozo Law Review

First, kill all the bankers.

-Marcus Walker & Emma Moody

With this phrase, the Wall Street Journal recently captured the sentiment driving the movement to regulate bankers' pay. While we agree that financial industry executives made poor decisions, we take issue with the recent suggestion that, to prevent the excessive risk taking that led to the recent financial crisis, we must only correct certain "perverse" compensation-related incentives. This logic, unfortunately, underpins a worldwide call to reform executive compensation in the finance industry. The precise prescriptions differ, but a common view has prevailed: If the government can dampen the incentives to …

Rethinking Children As Property: The Transitive Family, Kevin Noble Maillard

Cardozo Law Review

Despite the collective view in law and social practice that it is intrinsically taboo to consider human beings as chattel, the law persists in treating children as property. Applying principles of property, this Article examines paternity disputes to explain and critique the law's view of children as property of their parents. As evidenced in these conflicts, the Article demonstrates that legal paternity exposes a rhetoric of ownership, possession, and exchange. The law presumes that a child born to a married woman is fathered by her husband, even when irrefutable proof exists that another man fathered the child. Attempts by non-marital …

The Computerization Of Land Records: How Advances In Recording Systems Affect The Rationale Behind Some Existing Chain Of Title Doctrine, Emily Bayer-Pacht

Cardozo Law Review

No abstract provided.

Tipsy/Waukell Dave Feud, Susie Van Kirk

Susie Van Kirk Papers

Newspaper references from the Daily Humboldt Times and the Del Norte Record and historical analysis of the feud between Tipsy Frank and Waukel Dave in the late 1800s.

"DHT (1 Jan. 1887) From Alex Dewar, who has just returned from the Klamath country, we learn of the killing of an Indian bearing the sobriquet of 'Tipsy Frank.' During the past four or five years this Indian has killed several of his brethren and has been considered as a very hard character. Recently he stole a horse from another Indian called 'Waukel Dave.' Dave did not relish the idea of losing …

The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen

Research Collection Yong Pung How School Of Law

In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.

Pseudonymous Litigation, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Public Law and Legal Theory Working Papers

No abstract provided.

Risk As A Proxy For Race, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Voters, Non-Voters, And The Implications Of Election Timing For Public Policy, Jacob Gersen, Christopher R. Berry

Public Law and Legal Theory Working Papers

This paper makes use of variation in the timing of local elections to shed light on one of the core questions in democratic politics: what would happen if everyone voted? Does a low voter turnout rate imply that a small subset of special interest voters controls politics and policy? Or, are voters largely representative of non-voters such that neither the outcomes of elections nor resulting public policies would change even if everyone participated? Rather than rely on surveys of nonvoters to extrapolate their hypothetical behavior, we rely on a natural experiment created by a 1980s change in the California Election …

Choice Of Form And Network Externalities, Larry E. Ribstein, Bruce H. Kobayashi

William & Mary Law Review

This Article provides the first detailed empirical analysis of firms' choice of organizational form. It provides important evidence on whether there is an efficient market in organizational forms or firms' choice of form is impeded by network externalities. We focus on formations of limited liability partnerships (LLPs) and limited liability companies (LLCs) in examiningthe effect of various factors on firms' choice of business form. Our data provides important evidence against the network externalities hypothesis. Because the LLP and LLC forms are similar except for the LLPs link to the existing "network" of partnership law, firms would prefer the LLP to …