Law Commons^™

Do Vcs Use Inside Rounds To Dilute Founders? Some Evidence From Silicon Valley, Brian Broughman, Jesse Fried

Articles by Maurer Faculty

In the bank-borrower setting, a firm's existing lender may exploit its positional advantage to extract rents from the firm in subsequent financings. Analogously, a startup's existing venture capital investors (VCs) may dilute the founder through a follow-on financing from these same VCs (an “inside” round) at an artificially low valuation. Using a hand-collected dataset of Silicon Valley startup firms, we find little evidence that VCs use inside rounds to dilute founders. Instead, our findings suggest that inside rounds are generally used as “backstop financing” for startups that cannot attract new money, and these rounds are conducted at relatively high valuations …

Can The Rule Of Law Survive Judicial Politics?, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Woman Scorned?: Resurrecting Infertile Women's Decision-Making Autonomy, Jody L. Madeira

Articles by Maurer Faculty

Legal scholarship portrays women as reproductive decision makers in conflicting ways. The distinctions between depictions of infertile women and women considering abortion are particularly striking. A woman seeking infertility treatment, even one who faces no legal obstacles, is often portrayed as so emotionally distraught and desperate that her ability to give informed consent is potentially compromised. Yet, the legal academy has roundly rejected similar stereotypes of pregnant women considering abortion, depicting them as confident and competent decision makers. This Article argues that legal scholars' use of a "desperate woman" stereotype denies women's ability to critically assess the health risks and …

Evading Legislative Jurisdiction, Austen L. Parrish

Articles by Maurer Faculty

In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …

Open Justice: Concepts And Judicial Approaches, Emma Cunliffe

All Faculty Publications

Recent years have seen an increase in the number and scope of non-publication orders and other limits on open justice, an increase in the number of statutes that regulate or threaten open justice, and the articulation of an Australian constitutional principle (of institutional integrity) that has the potential to protect some aspects of open justice. The purposes and values of open justice are, however, rarely examined in a comprehensive or theoretically-informed manner. This article provides a theory of open justice which accounts for its heterogeneous nature. Australian judicial approaches to the substance, limits, and constitutional dimensions of open justice are …

Cyberwar And International Law: An English School Perspective, Anthony F. Sinopoli

USF Tampa Graduate Theses and Dissertations

Cyberwar challenges future endeavors of state security. As technological capability has improved, and access to information has become more widespread the importance of the issue in today's ever-globalizing world grows each day. A primary objective is to evaluate the place of cyber-warfare against nation-states and any repercussions under an international law paradigm. Utilizing an English School perspective, emphasis will be applied to the argument that disruptive circumstances could come to fruition if international conventions are not created to bring consensus and order among nation-states on this subject. This study hypothesizes that a future application could be an agreement under international …

Perverse Incentives Arising From The Tax Provisions Of Healthcare Reform: Why Further Reforms Are Needed To Prevent Avoidable Costs To Low- And Moderate-Income Workers, David Gamage

Articles by Maurer Faculty

Called “Obamacare” by some, the Affordable Care Act (or “ACA”) is the most extensive reform to the American healthcare system since the creation of Medicare and Medicaid in 1965. The ACA promises many improvements to American health care. While recognizing the importance of these improvements, this Article focuses on how the ACA’s tax provisions will create avoidable costs for low- and moderate-income workers.

This Article argues that – once key tax-related provisions of the ACA come into effect in 2014 – the ACA will create perverse incentives with respect to a number of important decisions affecting low- and moderate-income Americans, …

Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

First Amendment, Fourth Estate, And Hot News: Misappropriation Is Not A Solution To The Journalism Crisis, Joseph A. Tomain

Articles by Maurer Faculty

Journalism is a public good. The Framers understood the importance of a free press in a self-governing society and embedded a structural right for freedom of the press in the First Amendment. There is a journalism crisis. Symptoms of the crisis include layoffs of journalists, diminishing content in newspapers and shuttering of newspapers. The rise of online technologies has exacerbated the crisis, mainly by siphoning advertising revenue away from traditional news organizations to free classified advertisement websites such as Craigslist, search engines and myriad other non-journalistic online endeavors. The internet, however, is not the main cause of the journalism crisis. …

Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley

Articles by Maurer Faculty

No abstract provided.

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Convergence And Divergence In International Dispute Resolution Symposium, Peter Rutledge

Journal of Dispute Resolution

This symposium submission draws heavily on law and economic literature to develop its thesis. Part I lays out the literature behind the parties' choice to opt for arbitration. It also builds upon that literature by attempting to sketch out some preliminary reasons why parties might opt for arbitration over another form of dispute resolution. Part II charts how, along various axes, arbitration has begun to converge with litigation - thereby depriving it of a comparative advantage that it once enjoyed - due to innovations in arbitration and innovations in the field of international civil litigation. In brief, the traditional advantages …

United States Supreme Court And Class Arbitration: A Tragedy Of Errors, The Symposium, Gary Born, Claudio Salas

Journal of Dispute Resolution

This Essay describes and critiques the U.S. Supreme Court's recent misadventures with class arbitration. First, the Essay reviews the origins and rise of class arbitration under the FAA, particularly following the Supreme Court's Bazzle decision. In Part II, the Essay discusses application of the unconscionability doctrine to class action waivers, under the California courts' Discover Bank doctrine. In Part III, the Essay recounts the Supreme Court's retrenchment from class arbitration in Stolt-Nielsen and, more fully, in Concepcion. It also critiques the Court's apparent analysis in Concepcion and offers an alternative analysis for the Concepcion result that is more consistent with …

Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong

Journal of Dispute Resolution

In many ways, the relationship between litigation and international commercial arbitration is a curious one, with experts adopting diametrically opposed positions on how the two procedures do or should interact. For example, some people take the view that international commercial arbitration is a uniquely self-contained dispute resolution mechanism that proceeds entirely independent of state control.'

Interference Of The Court Of The Seat With International Arbitration, The Symposium, Giulia Carbone

Journal of Dispute Resolution

This article looks upon two fundamental questions: (1) whether arbitrators should comply with a local court's order aimed at suspending or interrupting the running of arbitral proceedings, and (2) what type of remedies should a party receive when courts unjustly interfere with their right to arbitrate. This article will explore these two questions in four parts. Part II focuses on the interference with international commercial arbitration by the court at the place of the arbitration. It does so by taking into account ICC cases, some relevant national judgments, and deals with the solutions offered by Articles 8 and 16 of …

Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps Symposium, S. I. Strong

Journal of Dispute Resolution

Finally, the purpose of this Article is not to provide answers to particular questions, since far too much depends on the individual facts and circumstances of a particular dispute to allow for abstract generalizations. Instead, the goal is to identify a useful framework for analysis of matters relating to international commercial arbitration so that newcomers and infrequent participants in this area of law can approach their specific concerns with a higher degree of understanding and sophistication.

On Tax Increase Limitations: Part Ii -- Evasion And Transcendence, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this essay, the second of a series, we continue our evaluation of state Tax Increase Limitations (TILs) – special rules that limit state legislatures’ ability to raise taxes, such as by requiring supermajority votes. We analyze two strategies whereby majority parties can evade TILs to the extent they so desire. We further argue that these strategies have some positive normative features. The strategies designed to evade TILs may ultimately lead toward a more effective means for controlling the size of state government than TILs themselves are able to provide.

Don't Get It Twisted: Why Employer Hairstyle Prohibitions Are Racially Discriminatory, Devin D. Collier

UC Law Journal of Race and Economic Justice

Appearance and grooming policies in the workplace that prohibit hairstyles worn predominately by African- American employees, including dreads, cornrows, braids, and afros, constrain African-American cultural identity and are racially discriminatory. These policies exhort African- Americans "to cover" their race and modify their hair to assimilate their looks with Anglo-American beauty ideals. These policies found in the private workplace serve no legitimate "business necessity" and are merely a proxy for unlawful race discrimination.

Plaintiffs who challenge these policies as race discrimination, however, are unable to prove a violation of Title VII because of an inability to demonstrate that African- American hairstyle …

The Impact Of Berguis V. Thompkins On The Eroding Miranda Warnings And Limited-English Proficient Individuals: You Must Speak Up To Remain Silent, Brenda L. Rosales

UC Law Journal of Race and Economic Justice

Miranda v. Arizona requires law enforcement to warn defendants of their right to remain silent and give defendants an explanation that anything said can and will be used against the defendant in court. However, Berghuis v. Thompkins turned Miranda upside down by requiring defendants to unambiguously invoke their right to remain silent or be legally presumed to have waived their rights. Meaning that a defendant's yes or no answer to any question, including questions unrelated to the case, may be interpreted as a knowingly and intelligent waiver of the defendant's Miranda rights.

This note will address how the lower standard …

Out For Blood: Employment Discrimination, Sickle Cell Trait, And The Nfl, Chika Duru

UC Law Journal of Race and Economic Justice

Recently, numerous athletes, particularly football players, have fallen ill and some have even died from exercise related health complications linked to the sickle cell trait they carry. Not surprisingly, the affected athletes' families or estates have received large court judgments in connection with their injuries, and after a few such judgments at the collegiate athletic level, the National Collegiate Athletic Association recently instituted mandatory sickle cell trait testing for every incoming division I student-athlete.

Though the mandatory sickle cell trait testing appears permissible at the collegiate level, this article examines the potential consequences of a similar policy at the professional …

From The Oppressed To The Terrorist: Muslim-American Women In The Crosshairs Of Intersectionality, Sahar F. Aziz

UC Law Journal of Race and Economic Justice

In the post-9/11 era, Muslim women donning a headscarf in America find themselves trapped at the intersection of bias against Islam, the racialized Muslim, and women. In contrast to their male counterparts, Muslim women face unique forms of discrimination not adequately addressed by Muslim civil rights advocacy organizations, women's rights organizations, or civil liberties advocates.

This article examines how the September 11th attacks adversely impacted the lives of headscarved Muslim women in ways different than Muslim men. Ten years after 9/11, there is a plethora of literature about what has become known as "post-9/11 discrimination." Most of the discussion focuses …

The Aspiring Attorney With Adhd: Bar Accommodations Or A Bar To Practice, Neha M. Sampat, Esme V. Grant

UC Law Journal of Race and Economic Justice

This article is the first in the academic literature to examine how a strict application of the childhood history requirement reduces the likelihood that applicants will receive ADHD accommodations on the bar exam based on race, sex, socioeconomic status, location, and age. A significant number of state bars, including in the largest legal markets of New York and California, require the bar applicant to provide a well-documented childhood history of ADHD symptoms. Many of the factors making it impractical or impossible to obtain childhood history documentation disproportionately affect people of minority backgrounds, legally protected classes, and other populations significantly underrepresented …

United States V. Duro: Farmworker Housing And Agricultural Law Constructions, Guadalupe T. Luna

UC Law Journal of Race and Economic Justice

This article seeks to addresses how the nation's food production systems produce negative conditions for foreign-born Indigenous people employed for their labor. The article will utilize the case of the migrant Pur6pecha, on the Torres Martinez Desert Cahuilla Indian Reservation in U.S. v. Duro . It will deeply examine the wide array of agricultural laws and policies that are available and aid growers and producers while not requiring that growers or producers to provide habitual farmworker housing. After discussing in detail the lack of adequate housing options for immigrant farmworkers throughout the nation and highlighted by the U.S. v. Duro …

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

UC Law Journal of Race and Economic Justice

This article explores the relationship between permanency, the dominant child welfare policy, and the educational needs of children in out-of-home care. The child welfare system has traditionally focused on finding children a permanent home. Education and other aspects of a child's well-being receive less attention. The failure to address children's educational needs is alarming given their poor academic performance. Studies show that compared to their peers from similar backgrounds, children in out-ofhome care perform below grade level, have lower test scores and high school completion rates, and have more disciplinary problems. These educational deficits contribute to challenges faced by former …

Creating New Categories: Anglo-American Radical Feminism's Constitutionalism In The Streets, Yxta Maya Murray

UC Law Journal of Race and Economic Justice

This note examines the struggles of youths who must leave state foster care systems (called "aging out" of foster care) upon turning eighteen years old. Thousands of young people age out of foster care systems each year. Foster care systems have traditionally abandoned children upon their eighteenth birthday, without providing aged-out youth real assistance in obtaining employment, health services, or basic shelter. Most commonly, these young adults do not have sufficient resources or support to allow them to transition into safe and stable lives. The majority of these older youths either get incarcerated, become homeless, or are forced to depend …

A Deregulatory Framework For Alleviating Concentrated African-American Poverty, Benjamin Zimmer

UC Law Journal of Race and Economic Justice

America's urban poor have become more geographically concentrated and isolated, of which, African Americans comprise the majority. Governmental efforts to combat concentrated poverty have consisted primarily of new government interventions in the housing market: subsidies, mandates, and other programs and regulations designed to compel socio-economic or racial integration. All the while, a separate set of government interventions in the form of tax expenditures, education financing, and land-use controls are largely responsible for the perpetuation of concentrated African-American poverty in the first place.

It is time to consider that a successful approach to poverty de-concentration and residential integration must begin by …

California Eviction Protections For Victims Of Domestic Violence: Additional Protections Or Additional Problems, Rebecca Licavoli Adams

UC Law Journal of Race and Economic Justice

In 2011, California Code of Civil Procedure section 1161.3 (Section 1161.3) came into effect providing victims of domestic violence with an affirmative defense against a landlord's eviction action if resulting from an act of domestic violence. Domestic violence victims often are faced with homelessness due to lease provisions that allow eviction due to a violent or criminal act occurring in their rental unit or because of noise complaints from other tenants. After a victim is evicted the victim may have difficulty finding a new rental due to credit issues or a criminal history directly relating to the domestic violence.

This …

Unlawful Arrests And Over-Detention Of America's Immigrants: What The Federal Government Can Do To Eliminate State And Local Abuse Of Immigration Detainers, Molly F. Franck

UC Law Journal of Race and Economic Justice

Ever since Arizona governor, Janice Brewer, signed S.B. 1070 into law in early 2010, national debates over immigration have dominated the public discourse, and precipitated a tidal wave of state legislative proposals to give states authority to regulate immigration. At the same time, however, many state and local police departments assist Immigration and Customs Enforcement ("ICE") with enforcing federal immigration law by means of 287(g) Agreements, the Secure Communities program, and immigration detainers. An immigration detainer, often referred to as an ICE detainer or ICE hold, authorizes state and local police to keep an arrestee for up to forty-eight hours …

Resistance And Repression: The Black Guerrilla Family In Context, Azadeh Zohrabi

UC Law Journal of Race and Economic Justice

The California Department of Corrections and Rehabilitation ("CDCR") considers prison gangs to be serious threats to prison safety and security and has developed a "gang validation" system to identify suspected prison gang members and their associates. The CDCR administratively segregates these prisoners from the general population by use of harsh, highly restrictive secure housing units ("SHUs"). The CDCR's gang validation process is currently applied to the Black Guerrilla Family ("BGF"), the only Black prison gang recognized by the CDCR.

This note will engage in a historical examination of the political movement that gave rise to the BGF and the life …

Beyond Bed And Bread: Making The African State Through Marriage Law Reform - Constitutive And Transformative Influences Of Anglo-American Legal Thought, Sylvia Wairimu Kang'ara

UC Law Journal of Race and Economic Justice

This article argues that marriage law reform in African countries formerly under British colonial rule has been as constitutive of the family as of the state; and that consequently, legal pluralism is an important tool of national and transnational governance. This is because marriage law has directly contributed to the economic modernization programs of colonial and postcolonial governments. For one, the colonial land law regime and subsequent expropriation of land drew inspiration from the sharp distinction colonial courts made between African and Western ideas of family.

Later, postcolonial marriage law adopted a doctrinal template that embraced individual choice and liberty, …