Law Commons^™

Mission: Impossible, Mission: Accomplished Or Mission: Underway — A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Donahue Kehner, Mary Ann Robinson

University of Dayton Law Review

Special issue: Articles on legal research and writing

Authors' note: The Mission: Impossible reference in the title comes from a television show (CBS 1966-1973; ABC 1988-1990) and a series of major motion pictures (Paramount 1996, 2000, 2006, 2011) bearing the same name. The plot involved a team of highly trained agents called the Impossible Mission Force, or the "IMF," who fought and defeated evil wrongdoers each week using a variety of tools, "psychological manipulation" and "elaborate ruses." The parallels between the IMF and those of us committed to professionalism instruction were too ironic to ignore.

Bring Back The Bite: Restoring Teeth To Ohio's Public Records Law, Breanne Parcels

University of Dayton Law Review

Special issue: Articles on legal research and writing

Double Or Nothing: A Tax Treaty For The 21st Century, Reuven S. Avi-Yonah, Oz Halabi

Law & Economics Working Papers

The current tax treaty network was developed in the 1920s and 1930s in order to prevent double residence/source taxation. This kind of double taxation rarely exists any more because most countries have adopted either an exemption system or a foreign tax credit regime in their domestic (non‐treaty) law, which effectively prevents residence/source double taxation even in the absence of a treaty. Instead, as Tsilly Dagan has pointed out, the current treaties serve mostly to transfer revenue from the source country to the residence country. This suggests that treaties may be unnecessary because exemption from withholding taxes by source countries can …

Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Education Multipliers (Mehrsa Baradaran)
• Integrity and the Practice of Law (William A. Tilleman)
• He Answered Discreetly (Elder L. Whitney Clayton)
• On Becoming a Good Apple (Thomas B. Griffith)

Outcomes-Based Education One Course At A Time: My Experiment With Estates And Trusts, Carolyn Grose

Journal of Legal Education

No abstract provided.

A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Elizabeth Southall

Law Student Publications

“A distinction without a difference”—a colloquial expression employed by one wishing to recognize that while a linguistic or conceptual distinction exists between any number of options, any such distinction lacks substantive practical effect. To allege that a situation presents “a distinction without a difference” is to suggest that any difference between a given set of options is a logical fallacy—purely a creature of erroneous perception. When it comes to concepts of asset protection planning and fraudulent transfer law, one must ask whether the law draws a distinction where there is no difference....This essay identifies these distinctions. Part II provides a …

Labor And Employment Law, Eric Wallace

Law Student Publications

During the past two years, there have been several significant developments in labor and employment law, both on the state and federal levels. Because developments in both state and federal law likely will have a profound impact on employers and employees throughout Virginia, they warrant significant discussion in this survey. In addition to examining notable decisions from the Supreme Court of the United States, the United States Court of Appeals for the Fourth Circuit, and the United States District Courts for the Eastern District and Western District of Virginia, this survey also discusses decisions of the Supreme Court of Virginia …

Land Use And Zoning Law, Andrew E. Tarne

Law Student Publications

Since the early days of nuisance law, but especially since the early twentieth century and the validation of zoning ordinances, land use planning and management have been fundamental roles of local government. As evinced by its state code, the Commonwealth of Virginia recognizes the essential role that localities play in land use planning. The Virginia Code requires that localities create planning commissions, adopt comprehensive plans, and, if the localities have adopted zoning ordinances, establish boards of zoning appeals. As most of the implementation of these mandates is left to individual localities, the form of implementation is not uniform but naturally …

Shifting Seas: The Law's Response To Changing Ocean Conditions, Casey Schickling

Sea Grant Law Fellow Publications

No abstract provided.

Legal Beagle Blog (November 2012), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

The Tax Expenditure Budget Is A Zombie Accountant, Steven A. Dean

Faculty Scholarship

No abstract provided.

Sea-Level Rise And The Endangered Species Act, Dave Owen

Louisiana Law Review

No abstract provided.

The Big Man In The Big House: Prisoner Free Exercise In Light Of Employment Division V. Smith, Joseph Thomas Wilson

Louisiana Law Review

No abstract provided.

All In The Family: Examining Louisiana’S Faulty Birth Order-Based Discrimination, Taylor Gay

Louisiana Law Review

No abstract provided.

Law Library Newsletter, Volume 4, Issue 3 - November/December 2012, Kresge Law Library

Law Library Newsletter

Learn an easy way to come up with (and REMEMBER) a mind‐bogglingly complex password for your NetID and online accounts. Meet the student Circulation.

New Bluebook App
Business Insider Ranks the Most Influential Law Blogs
Law School Halloween Pictures

Where Do Partners Come From?, Theodore P. Seto

Journal of Legal Education

No abstract provided.

General Information

LSU Journal of Energy Law and Resources

No abstract provided.

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.

Acknowledgements

LSU Journal of Energy Law and Resources

No abstract provided.

The Perfect Fit: Lessons For Renewable Energy Subsidies In The World Trade Organization, Daniel Peat

LSU Journal of Energy Law and Resources

No abstract provided.

Contents

LSU Journal of Energy Law and Resources

No abstract provided.

Using Governmental Incentives To Finance Solar Renewable Energy Projects: Alternative Investments For High-Net-Worth Individuals, Michael Cole

LSU Journal of Energy Law and Resources

No abstract provided.

Six Years Later: Louisiana Legacy Lawsuits Since Act 312, Loulan Pitre Jr.

LSU Journal of Energy Law and Resources

No abstract provided.

67. International Investment Arbitration: Winning, Losing And Why, Susan Franck, Karl P. Sauvant, Jennifer Reimer, Todd Allee, Ilan Alon, Alice H. Amsden, Tadahiro Asami, Reuven S. Avi-Yonah, Paul Barbour, Christian Bellak, Axel Berger, Sjoerd Beugelsdijk, Subrata Bhattacharjee, Harry G. Broadman, Elizabeth Broomfield, Gert Bruche, Matthias Busse, John A. Cantwell, Aleh Cherp, Lorenzo Cotula, Nandita Dasgupta, Kenneth Davies, Alexandre De Gramont, Armand Claude De Mestral, Kabir Duggal, Persephone Economou, John Evans, David N. Fagan, Mark Feldman, Hermann Ferré, Daniel M. Firger, Veljko Fotak, Kevin P. Gallagher, Nilgun Gokgur, Kathryn Gordon, Jose Guimon, Thilo Hanemann, Torfinn Harding, Jean-François Hennart, Seev Hirsch, Wing (Xiaoying) Huo, Beata Smarzynska Javorcik, Nathan M. Jensen, Lise Johnson, Thomas Jost, George Kahale Iii, Kalman Kalotay, Laza Kekic, John M. Kline, Charles Kovacs, Jürgen Kurtz, Jo En Low, Miguel PéRez LudeñA, Edmund J. Malesky, Geraldine Mcallister, William L. Megginson, Sophie Meunier, Michael Mortimore, Joel Moser, Michael D. Nolan, Peter Nunnenkamp, Terutomo Ozawa, Clint Peinhardt, Nicolás M. Perrone, Luke Eric Peterson, Mark Plotkin, Joachim Pohl, Lauge N. Skovgaard Poulsen, Carlos Razo, Daniel Rosen, Martin Roy, Giorgio Sacerdoti, Premila Nazareth Satyanand, Manfred Schekulin, Stephan W. Schill, Francisco Colman Sercovich, Arjen Hl Slangen, Roger Smeets, Hans Smit, M. Sornarajah, Frederic G. Sourgens, Jonathan Strauss, Kenneth P. Thomas, Margo Thomas, Perrine Toledano, Julien Topal, Anne Van Aaken, Gus Van Harten, Daniel Villar, Sandy Walker, Mira Wilkins, Jason W. Yackee, Chen Zhao

Contributions to Books

This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.

Negligence Liability For Non-Negligent Behavior, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

Should a doctor who performed a vaginal delivery be held liable for the harm that delivery by cesarean section would have prevented, if according to the information available prior to delivery, the baby's estimated size warranted a c-section but after delivery, its actual size emerged to be less and not mandating cesarean delivery? More generally, consider an injurer whose injurious behavior is considered reasonable according to the information available to the court at the time of the trial: Should he be held liable under negligence law for the harm that resulted from his behavior if according to the information that …

Replacing The Libor With A Transparent And Reliable Index Of Interbank Borrowing: Comments On The Wheatley Review Of Libor Initial Discussion Paper, David S. Evans, Rosa M. Abrantes-Metz

Coase-Sandor Institute for Law & Economics Research Paper Series

We propose an alternative to the LIBOR based on three pillars. 1) Banks that participate in the rate setting process would have to submit bid and ask quotes for interbank lending and commit that they would conduct transactions within that range. If they traded outside of those ranges they would have to justify and face a penalty. This leads to the CLIBOR—for "committed" LIBOR. (2) All large banks would have to submit interbank transactions including rates to a data-clearing house. The data-clearing house would use the actual transactions to verify the commitment of the banks to the submitted rates. It …

The Role Of Keyword Advertising In Competition Among Rival Brands, Elisa V. Mariscal, David S. Evans

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper considers recent proposals for restricting keyword advertising using competitor brand names. Keyword advertising is similar to many other widely used and valuable methods of marketing to the customers of rivals that increase competition and facilitate entry. Queries for products or services using search engines help inform consumers about other competitive alternatives and may enable them to compare different product offerings. Economists have found overwhelmingly that this type of informative and comparative advertising benefits consumers and, conversely, that restricting such advertising harms consumers. Complainants in some recent keyword advertising cases have sought to forbid search engines from using trademarked …

Balance-Of-Powers Arguments And The Structural Constitution, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Balance-of-powers arguments are ubiquitous in judicial opinions and academic articles that address separation-of-powers disputes over the president's removal authority, power to disregard statutes, authority to conduct foreign wars, and much else. However, the concept of the balance of powers has never received a satisfactory theoretical treatment. This Essay examines possible theories of the balance of powers and rejects them all as unworkable and normatively questionable. Judges and scholars should abandon the balance-of-powers metaphor and instead address directly whether bureaucratic innovation is likely to improve policy outcomes.

Truths We Must Tell Ourselves To Manage Climate Change, Robert H. Socolow

Vanderbilt Law Review

In 1958, Charles David Keeling began measuring the concentration of carbon dioxide (C02) in the atmosphere, at a site 11,000 feet above sea level near the top of Mauna Loa on the "big island" of Hawaii. The time series of monthly averages, the "Keeling Curve," is the iconic figure of climate change (see Figure 1). The curve oscillates and rises. The annual oscillations (whose details are seen in the Figure's inset) are the consequences of the seasonal breathing of the northern-hemisphere forests, which remove C02 from the atmosphere during their growing season and return C02 to the atmosphere as their …

Sustainable Consumption, Energy Policy, And Individual Well-Being, Daniel A. Farber

Vanderbilt Law Review

The United States is an exceptional place in many ways, not least in its consumption. The United States consumes a disproportionate share of the world's energy and resources, with a correspondingly large environmental footprint. At present, although we have been successful in creating economic wealth, well-being has lagged behind. Could the United States shift to a more sustainable path? Would that require an unacceptable sacrifice of social welfare? This Article argues that a shift really is possible, and that many of the steps to sustainability would actually make people better off even apart from their environmental benefits.

At present, we …