Law Commons^™

Regulation Of Subprime And Predatory Lending (Forthcoming), David Reiss

Faculty Scholarship

No abstract provided.

Crime Music, Bennett Capers

Faculty Scholarship

No abstract provided.

Voting Power Without Responsibility Or Risk--How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Babbling About Employment Discrimination Law: Does The Builder Understand The Blueprint For The Great Tower?, William R. Corbett

Journal Articles

The article focuses on the U.S. Supreme Court’s recent decision in which the Court held that a plaintiff asserting an intentional age discrimination claim cannot avail himself of the mixed-motives proof structure and instead must prove but-for causation. Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (2009). The decision was controversial, and it has provoked calls for a legislative response. My article considers Gross from two perspectives. First, Gross is the second Supreme Court decision, following Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003), to interpret the effects of the Civil Rights Act of 1991 on the …

Evolving Viruses And Stagnant Public Health Policies: Flu, Fear, And Free Riders, Edward P. Richards

Journal Articles

No abstract provided.

Private Force/Public Goods, Scott M. Sullivan

Journal Articles

This Article rethinks the benefits and dangers of private force in war. It shows that privatization must be viewed within the special requirements and confines of national security policy making and weighed against available alternatives. Contrary to academic and mainstream conventional wisdom, this Article concludes that national security privatization comports well with core constitutional and democratic principles and offers greater transparency and democratic control than commonly understood. Moreover, this Article argues that the American use of privatized force reflects and accomplishes normative and democratic commitments of international and domestic law that would be impossible to replicate through other policy avenues.

Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter

Journal Articles

The recent financial crisis has placed a renewed focus on completion risk in the world of mergers and acquisitions. Dealmakers have increasingly attempted to control for such risks by altering merger agreement provisions to achieve a greater level of deal certainty. This Article addresses one such provision – the merger recommendation covenant and its related fiduciary out. The purpose of the merger recommendation fiduciary out is to address a tension created by two fundamental precepts arising under corporate law and contract law – a board of director’s duties to the corporation and its stockholders versus the binding covenants of a …

Convergence In Contort: Landlord Liability For Defective Premises In Comparative Perspective, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Journal Articles

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

"Cricket On The Hearth": Edward Douglass White And The Constitution, Paul R. Baier

Journal Articles

No abstract provided.

Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan

Journal Articles

No abstract provided.

The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall

Journal Articles

No abstract provided.

When Is A Use In Commerce A Noncommercial Use?, Lee Ann Lockridge

Journal Articles

When is a use in commerce a noncommercial use? This question may sound like the opening for a ridiculous legal riddle, but it is a real conundrum in trademark dilution law. The current federal dilution statute, section 43(c) of the Lanham Act, creates liability based on the "use of a mark or trade name in commerce," when that use is likely to blur or tarnish a famous mark. At the same time, the statute characterizes certain activities as nonactionable "exclusions," including 'any noncommercial use of a mark." So the use of a mark in commerce can be a noncommercial use-but …

Honoring International Obligations In U.S. Trademark Law: How The Lanham Act Protects Well-Known Foreign Marks (And Why The Second Circuit Was Wrong), Lee Ann Lockridge

Journal Articles

No abstract provided.

Some Thoughts On Chuck Lorre: "Bad Words" And "The Raging Paranoia Of Our Network Censors", Christine Corcos

Journal Articles

No abstract provided.

Neal Feigenson And Christina Spiesel: Law On Display: The Digital Transformation Of Legal Persuasion And Judgment, Christine Corcos

Journal Articles

No abstract provided.

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry

Faculty Scholarship

This article provides a comprehensive overview of the treatment of legal services in the United States’ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

I Could Have Been A Contender: Summary Jury Trial As A Means To Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation And Early, Consensual Dispute Resolution, Nancy A. Welsh

Faculty Scholarship

With its recent decisions in Ashcroft v. Iqbal and Bell Atlantic v. Twombly, the Supreme Court may be intentionally or unintentionally “throwing the fight,” at least in the legal contests between many civil rights claimants and institutional defendants. The most obvious feared effect is reduction of civil rights claimants’ access to the expressive and coercive power of the courts. Less obviously, the Supreme Court may be effectively undermining institutions’ motivation to negotiate, mediate - or even communicate with and listen to - such claimants before they initiate legal action. Thus, the Supreme Court’s recent decisions have the potential to deprive …

The Constitution And Our Debt To The Future, Rena I. Steinzor

Faculty Scholarship

Health and safety laws have always been justified as manifestations of congressional authority to regulate and protect the free flow of interstate commerce under Article I, section 8 of the Constitution. Professor Steinzor argues that reliance on the Commerce Clause can support next generation proposals, including a National Environmental Legacy Act proposed by Professor Alyson Flournoy, which would require that any action on federal land involving the consumption or destruction of resources must be sustainable, as well as pending climate change legislation. But, Steinzor says, a far more desirable constitutional foundation for such laws is the General Welfare Clause found …

Backdated Stock Options Ownership Impact On The Corporation, Management, & Shareholders, Karen Cascini, Alan Delfavero

WCBT Faculty Publications

In the post-Sarbanes-Oxley Act (SOx) world, there has been an unprecedented crackdown on fraudulent activity occurring within corporate America. During recent years, many companies have granted stock options to their executives and employees as part of compensation packages. While the issuance of stock options as a component of compensation is considered to be a legal practice, corruption has taken this corporate resource to unlawful heights. Recently, numerous corporations have been in the news for potentially backdating stock options. Accordingly, the purpose of this paper is to distinguish between legal and illegal aspects of backdating stock options, and to examine the …

Jurisdiction - Determining The Line Between Ocsla And Dosha - In An Already Murky Area Of The Law, The Fifth Circuit Leaves Open More Questions Than It Answers, Amy Cawthon Bellah

Journal of Air Law and Commerce

No abstract provided.

False Claims Act - The Tenth Circuit Fails To Fully Consider The Harm To Public Policy Caused By Enforcement Of A Prefiling Release Agreement In A Qui Tam Action: United States Ex Rel. Ritchie V. Lockheed Martin Corp., Kelly Flanagan

Journal of Air Law and Commerce

No abstract provided.

Private Commercial Space Transportation's Dependence On Space Tourism And Nasa's Responsibility To Both, Thomas Brannen

Journal of Air Law and Commerce

No abstract provided.

Reasonably Precise Specifications And The Military Contractor Defense - The Eleventh Circuit Misapplies The Boyle Test: Brinson V. Raytheon Co., Michael Lyons

Journal of Air Law and Commerce

No abstract provided.

Why Airlines Should Be Afraid: The Potential Impact Of Cap And Trade And Other Carbon Emissions Reduction Proposals On The Airline Industry, Tate L. Hemingson

Journal of Air Law and Commerce

No abstract provided.

The Aviation Industry And The Transmission Of Communicable Disease: The Case Of H1n1 Swine Influenza,, Courtney Clegg

Journal of Air Law and Commerce

No abstract provided.

Bumping Passengers - Airline Service That Just Doesn't Fly, Aubrey B. Colvard

Journal of Air Law and Commerce

No abstract provided.

It's A Bird, It's A Plane, It's A Problem: The Impact Of Bird Strikes On The Civil Aviation Industry, Amanda Thompson

Journal of Air Law and Commerce

No abstract provided.

Air Traffic Controller Liability - First Circuit Undermines Faa's Efforts To Incorporate Redundancy Into Aviation Safety Procedures: Wojciechowicz V. United States, Asten Joe Van

Journal of Air Law and Commerce

No abstract provided.

Trying To Squeeze Into The Middle Seat: Application Of The Airline Deregulation Act's Preemption Provision To Internet Travel Agencies, Aubrey B. Colvard

Journal of Air Law and Commerce

No abstract provided.