Law Commons^™

The Elephant In The Room: Dangers Of Hedge Funds In Our Financial Markets, Dustin G. Hall

Florida Law Review

This Note argues that the current judicial and regulatory stances on hedge funds fail to appreciate and account for the tremendous dangers that hedge funds pose not only to the security of our financial markets but also to the individual investors that securities regulations are designed to protect. To appreciate fully these failures, it is necessary to understand better the history of hedge funds and their recent explosion in popularity and in market power. To aid in this understanding, Part II of this Note discusses the four principal acts that regulate the securities markets and how hedge funds exist and …

Tort Arbitrage, Robert J. Rhee

Florida Law Review

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is a proper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the …

Returning To Hazelwood'S Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman

Florida Law Review

This Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines—namely, the Pickering–Connick framework for teachers’ classroom …

Broke But Not Bankrupt: Consumer Debt Collection In State Courts, Richard M. Hynes

Florida Law Review

Virginia, with a population of about seven million, has averaged more than a million civil filings a year since the late 1980s. The overwhelming majority of these filings seek to collect debts from consumers, and most judgments go unpaid. Despite this apparent insolvency, civil litigation appears to be only tenuously related to consumer bankruptcy whether one looks at Virginia or at the nation as a whole. Nationally, the non-business bankruptcy filing rate rose by more than 350% between 1980 and 2002, while the civil filing rate rose by about 12%. Prior research suggests that relatively few bankrupt debtors have been …

The American Invents Act And Economic Growth: A Discussion With Bernard Knight, Adam Hirst

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo Intellectual Property Society hosted Mr. Bernard Knight, the current General Counsel of the US Patent and Trademark Office (USPTO), for a discussion of his role as the chief attorney for a large US government agency and recent, significant, changes to patent law, with particular emphasis on the America Invents Act (AIA).

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 18, 2012. The original post can be accessed via the Archived Link button above.

Dr. Elena Cooper Presents Her Latest Article At Cardozo Law School: Copyright: A Nineteenth Century Publicity Right?, Elsa Mitsoglou

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Dr. Elena Cooper has been the Orton Fellow in Intellectual Property Law at Trinity Hall, Cambridge since 2009. She is also a researcher at the Faculty of Law on the “Of Authorship and Originality” project, funded by Humanities in the European Research Area (HERA). Dr. Cooper received a law degree from the London School of Economics and a master’s degree in Intellectual Property Law from King’s College London. She also has a PhD from the University of Cambridge, where her studies focused on the relationship between art and law in the history of photographic copyright. Her PhD thesis was awarded …

November 17, 2012: The Real Losers In This Election—Religious Voters, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Real Losers in this Election—Religious Voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Telecommunications: Communications Law Reform, Jonathan Baker, Robert Mcdowell, Ajit Pai, Daniel Crane, Maureen Ohlhausen, Jennifer Elrod

Presentations

The transcript was published on 2013 Journal of Law, Technology & Policy University of Illinois Issue 1.

Could A Patent Term Reduction Solve The Software Patent Problem?, Brian J. Love

Faculty Publications

No abstract provided.

Emergency Preparedness And Public Health: The Lessons Of Hurricane Sandy, Tia Powell, Dan Hanfling, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

When Hurricane Sandy hit downtown Manhattan, three neighboring hospitals each made different decisions about when to evacuate. Across the metro region, more than five hospitals and over 20 nursing and assisted living facilities were evacuated, making this the central public health challenge of this calamitous event. It is a familiar story—a super storm comes ashore, infrastructure is overwhelmed, and healthcare facilities evacuate patients, with major delays in returning to normal functioning. Afterwards, policy makers evaluate lessons learned for the next disaster, but similar missteps are often repeated.

Although not identical, it is instructive to compare Hurricane Katrina with the still …

Sec Investigations And Securities Class Actions: An Empirical Comparison, Stephen Choi, Adam Pritchard

Law & Economics Working Papers

We compare investigations by the SEC with securities fraud class action filings involving public companies. Using actions with both an SEC investigation and a class action as our baseline, we compare SEC-only investigations with class action-only lawsuits. We find evidence that the stock market reacts more negatively to the class actions relative to SEC investigations. We also find that institutional ownership and stock turnover decline more for class actions compared with SEC investigations. Lastly, the incidence and magnitude of settlements, as well as the incidence of top officer resignation, are greater for class actions relative to SEC investigations. This evidence …

Cityland – Vol. 9, No. 9, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use, zoning, and preservation developments in New York City as of November 2012. Key highlights include the City Council’s approval of Jamestown Properties’ modified Chelsea Market expansion plan, which includes contributions to affordable housing and the High Line. The Seward Park Mixed-Use Development Project was approved with increased housing units and space for a public school. The West Harlem rezoning plan was modified to address community concerns, including preservation of affordable housing. The Board of Standards & Appeals approved rooftop additions to East Village tenements despite opposition. Landmark Preservation Commission approved revised plans …

Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …

Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff

William & Mary Environmental Law and Policy Review

No abstract provided.

The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu

William & Mary Environmental Law and Policy Review

No abstract provided.

Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland

William & Mary Environmental Law and Policy Review

No abstract provided.

A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske

William & Mary Environmental Law and Policy Review

No abstract provided.

Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald

William & Mary Environmental Law and Policy Review

No abstract provided.

Appendix A: Statistical Analysis Of The Data, Susan Nevelow Mart Study Of Search Functions In Lexis And Westlaw, Jeffrey T. Luftig

Research Data

Appendix A is Jeffrey Luftig's statistical analysis of the empirical data in the study of citator and digest functions in Lexis.com and Westlaw.com published in Susan Nevelow Mart, The Case for Curation: The Relevance of Digest and Citator Results in Westlaw and Lexis, 32 Legal Reference Services Q. 13 (2013), available at http://www.tandfonline.com/doi/pdf/10.1080/0270319X.2013.759036. A preprint version of Nevelow Mart's article is available at http://scholar.law.colorado.edu/articles/102/.

November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, Corporations Do Not Have Religious Rights“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Climate Change And International Trade: Conflict Or Opportunity?, Joshua Meltzer

Brookings Scholar Lecture Series

How can international trade negotiations provide incentives or limit progress on domestic and international climate change policy? This presentation will explore how trade negotiations can reduce trade barriers to low carbon produced goods, the implications of the World Trade Organization (WTO) and free trade agreements, and how pricing carbon to reduce greenhouse gas emissions can lead to international competitiveness and carbon leakage concerns. This presentation will consider the implications of the November 6th election on short and long-term climate policy initiatives.

Volume 19 Index, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.

California Supreme Court Survey - A Review Of Decisions: October 1991-December 1991, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.

Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash

Pepperdine Law Review

No abstract provided.

The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner

Pepperdine Law Review

No abstract provided.

Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle

Pepperdine Law Review

No abstract provided.

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.

The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch

Pepperdine Law Review

No abstract provided.