Law Commons^™

Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier

University of Miami Inter-American Law Review

No abstract provided.

Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman

University of Miami Inter-American Law Review

No abstract provided.

The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke

Northwestern Journal of Human Rights

No abstract provided.

Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell

Northwestern Journal of Human Rights

No abstract provided.

Lost Life And Life Projects, Sean Hannon Williams

Indiana Law Journal

This Article provides the first analysis of wrongful death damages from the perspective of individual justice accounts of tort law. There is a widespread belief that wrongful death damages are incoherent. Currently, tort law responds only to the harms of the decedent’s living relatives. Drawing on deterrence rationales, Cass Sunstein, Eric Posner, and others have recommended altering these damage awards so that they respond to the harms of the decedent herself by providing “lost life” damages. This Article offers a different and powerful new foundation for lost life damages rooted in corrective justice and its main competitor, civil recourse. At …

Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins

Indiana Law Journal

Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However, as we show using empirical evidence involving reported judicial decisions and filed cases concerning large mergers and acquisitions, leveraged buyouts, and options backdating, Delaware’s popularity as a venue for corporate litigation is under threat. Today, a majority of shareholder suits involving Delaware companies are being brought and decided elsewhere. We examine in this Article the implications of this “out-of-Delaware” trend, emphasizing a difficult balancing act that Delaware faces. If Delaware accommodates litigation too readily, companies, fearful of lawsuits, may incorporate elsewhere. …

Rethinking Hiv-Exposure Crimes, Margo Kaplan

Indiana Law Journal

This Article challenges the current legislative and scholarly approaches to HIV-exposure crimes and proposes an alternative framework to address their flaws. Twenty-four states criminalize consensual sexual activities of people with HIV. Current statutes and the scholarship that supports them focus on HIV-positive status, sexual activity, and knowledge of HIV-positive status as proxies for risk, mental state, and consent to risk. As a result, they are dramatically over- and underinclusive and stigmatize individuals living with HIV. Criminalization should be limited to circumstances in which a defendant exposed her partner to a substantial degree of unassumed risk and did so with a …

Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu

Indiana Law Journal

It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …

October 2012 Newsletter

Ergo

No abstract provided.

Insurance Against Catastrophe: Government Stimulation Of Insurance Markets For Catastrophic Events, Véronique Bruggeman, Michael Faure, Tobias Heldt

Duke Environmental Law & Policy Forum

No abstract provided.

The Lessons From Libor For Detection And Deterrence Of Cartel Wrongdoing, Rosa M. Abrantes-Metz, D. Daniel Sokol

UF Law Faculty Publications

In late June 2012, Barclays entered into a $453 million settlement with UK and U.S. regulators due to its manipulation of Libor between 2005 and 2009. Among the agencies that investigated Barclays is the Department of Justice Antitrust Division (as well as other antitrust authorities and regulatory agencies from around the world). Participation in a price fixing conduct, by its very nature, requires the involvement of more than one firm.

We are cautious to draw overly broad conclusions until more facts come out in the public domain. What we note at this time, based on public information, is that the …

A Financial Economic Theory Of Punitive Damages, Robert J. Rhee

UF Law Faculty Publications

This Article provides a financial economic theory of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather, it is the risk of outlier outcomes. Low frequency, high severity awards are unpredictable, cause financial distress, and beget social cost. By focusing only on offsetting escaped liability, the standard law and economics theory fails to account for the core problem of variance. This Article provides a risk arbitrage analysis of the relationship between variance, litigation valuation, and optimal deterrence. Starting with settlement …

Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu

Articles

It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …

Criminal Law—Teenage Sexting In Arkansas: How Special Legislation Addressing Sexting Behavior In Minors Can Salvage Arkansas's Teens' Futures, Sidney L. Leasure

University of Arkansas at Little Rock Law Review

Sexting is defined as sending sexually explicit images or messages via cell phones. Albeit questionable, sexting is legal between consenting adults. However, there are many consequences of sexting that may not be considered by teenagers who sext. Beyond ridicule, punishment by parents or schools, and the eternal lifespan of digital content, there can be harsh legal consequences for sexting teens. These consequences vary from state to state, but include felony convictions for child pornography and the resulting consequence of being required to register as a sex offender. Often, such convictions can affect college acceptances and career choices.

In order to …

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien

University of Arkansas at Little Rock Law Review

Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.

For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …

Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore

University of Arkansas at Little Rock Law Review

Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.

At the center of …

This Is Unprecedented: Examining The Impact Of Vacated State Appellate Court Opinions, Michael D. Moberly

The Journal of Appellate Practice and Process

No abstract provided.

Copy-Paste Precedent, Brian Soucek

The Journal of Appellate Practice and Process

No abstract provided.

Is Link Rot Destroying Stare Decisis As We Know It? The Internet-Citation Practice Of The Texas Appellate Courts, Arturo Torres

The Journal of Appellate Practice and Process

No abstract provided.

Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed

The Journal of Appellate Practice and Process

No abstract provided.

A Capsule Biography Of Joseph T. Sneed, Iii, Rollins S. Emerson

The Journal of Appellate Practice and Process

No abstract provided.

Three Giants, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Cardozo At 100, Andrew L. Kaufman

The Journal of Appellate Practice and Process

No abstract provided.

Subordinate Bias Liability, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

Often, decisions regarding employment are made with the input of or based on the observations of more than one person. This presents complications for employment discrimination plaintiffs seeking to prove discriminatory animus resulting in an adverse employment decision for the plaintiff. Specifically, many plaintiffs are left to deal with the unresolved issue of whether they have a claim for employment discrimination when a discriminating non-decision making coworker or direct supervisor supplies incorrect or distorted information to their superiors who have the authority to fire them. This is known as the "cat's paw" theory of liability or "subordinate bias liability."

The …

Buying A Lie: The Harms And Deceptions Of Ghostwriting, T. J. Fosko

University of Arkansas at Little Rock Law Review

Ghostwriters are hired by politicians, celebrities, professionals and even established authors to do the work of writing for significant monetary compensation. Although ghostwriters receive no professional credit for their authorship, publishers who employ ghostwriters enjoy the financial windfall of marketing a book by a well-known person. While the economic harm of purchasing a relatively inexpensive book from what the consumer thought was a best-selling author is relatively slight, the serious harm of ghostwriting is the message received by the consumer who thinks that the ideas and message of the book come from the purported author.

Despite the inherently deceptive nature …

Family Law—Egg Donation And Stem Cell Research—Eggs For Sale: The Scrambled State Of Legislation In The Human Egg Market, Kitty L. Cone

University of Arkansas at Little Rock Law Review

Rapid expansion of technology in medicine over the last few decades has both enhanced our lives and complicated our laws. For example, thanks to advances in science and medicine, couples who were previously unable to reproduce are now able to do so with the help of donors, medical personnel, and a host of other middlemen facilitating the process. The growth of medical technology has also lead to the advent of using human eggs for medical research. However, despite competing for eggs from a small pool of willing donors, there is a disparity in the law between the treatment of human …

A Dedication To Dean William H. Bowen, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.

Four Easy Pieces To Balance Privacy And Accountability In Public Higher Education: A Response To Wrongdoing Ranging From Petty Corruption To The Sandusky And Penn State Tragedy, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel

The Journal of Appellate Practice and Process

No abstract provided.

The Legacy Of Louis D. Brandeis, Melvin I. Urofsky

The Journal of Appellate Practice and Process

No abstract provided.