Law Commons^™

Why Y? Reflections On The Baucus Proposal, Reuven S. Avi-Yonah

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The international tax reform proposal introduced by Sen. Max Baucus, D-Mont., on November 19 contains several significant innovations that promise to define the terms of the debate for the foreseeable political future. (Prior coverage: Tax Notes Int’l, Nov. 25, 2013, p. 691.) It is therefore worth examining in detail even if it seems unlikely that progress toward meaningful reform can be achieved very soon.

Becoming A Fifth Branch, M. Todd Henderson, William A. Birdthistle

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No abstract provided.

Patent Invalidity Versus Noninfringement, Roger Ford

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No abstract provided.

Standing For The Structural Constitution, Aziz Huq

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No abstract provided.

Beyond Insolvency, Vincent Buccola

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No abstract provided.

Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood

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No abstract provided.

Defining Privacy And Utility In Data Sets, Felix T. Wu

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Is it possible to release useful data while preserving the privacy of the individuals whose information is in the database? This question has been the subject of considerable controversy, particularly in the wake of well-publicized instances in which researchers showed how to re-identify individuals in supposedly anonymous data. Some have argued that privacy and utility are fundamentally incompatible, while others have suggested that simple steps can be taken to achieve both simultaneously. Both sides have looked to the computer science literature for support.

What the existing debate has overlooked, however, is that the relationship between privacy and utility depends crucially …

Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski

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Washington trust laws were comprehensively revised in 2011 and 2013, resulting in the integration of concepts from the Uniform Trust Code and the addition of some novel provisions. This article discusses in depth the evolution of Washington law regarding the duties to inform and report, the situs of a trust, and representation of interested parties. In addition, this article discusses other UTC provisions that were integrated into Washington statutes and gives an explanation of any departures from UTC language and prior Washington law.

The Boundaries Of The Moral (And Legal) Community, Brian Leiter

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Overstating The Satisfaction Of Lawyers, David L. Chambers

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Recent literature commonly reports US lawyers as disheartened and discontented, but more than two dozen statistically based studies report that the great majority of lawyers put themselves on the satisfied side of scales of job satisfaction. The claim of this article is that, in three ways, these statistically based studies convey an overly rosy impression of lawyers’ attitudes: first, that many of those who put themselves above midpoints on satisfaction scales are barely more positive than negative about their careers and often have profound ambivalence about their work; second, that surveys conducted at a single point in time necessarily fail …

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble

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United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …

Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani

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No abstract provided.

Mock Trials And Real Justices And Judges, Richard A. Posner

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Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon

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No abstract provided.

Using A Human Rights Approach In Immigration Advocacy: An Introduction, Rebecca Sharpless, Robert Pauw, Judith L. Wood

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No abstract provided.

We The People, They The People, And The Puzzle Of Democratic Constitutionalism, David A. Strauss

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Happiness Institutions, Jennifer Nou

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From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley

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The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold these exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …

Arguments For And Against Territoriality, Reuven S. Avi-Yonah

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The tax on dividends from the active income of controlled foreign corporations meets the criteria for a bad tax: It raises little revenue but significantly affects taxpayer behavior in undesirable ways.

Territoriality: For And Against, Reuven S. Avi-Yonah

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The tax on dividends from the active income of controlled foreign corporations meets the criteria for a bad tax: It raises little revenue but significantly affects taxpayer behavior in undesirable ways.

Toward A Positive Theory Of Privacy Law, Lior Strahilevitz

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No abstract provided.

Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco

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Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people's actual experience …

Agency Self-Insulation Under Presidential Review, Jennifer Nou

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Agencies possess enormous regulatory discretion. This discretion allows executive branch agencies in particular to insulate their decisions from presidential review by raising the costs of such review. They can do so, for example, through variations in policymaking form, cost-benefit analysis quality, timing strategies, and institutional coalition-building. This Article seeks to help shift the literature's focus on courtcentered agency behavior to consider instead the role of the President under current executive orders. Specifically, the Article marshals public-choice insights to offer an analytic framework for what it calls agency self-insulation under presidential review, illustrates the phenomenon, and assesses some normative implications. The …

The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein

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No abstract provided.

Prison Policy In Times Of Austerity: Lessons From Ireland, Mary Rogan

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The catastrophic collapse in the once booming Irish economy has led to swingeing budgets, huge falls in property prices, rising unemployment, cut backs in public services, and the ignominy of a bailout financed by the International Monetary Fund, the European Union and the European Central Bank. As has been the case for all aspects of public expenditure, prison policy-makers are now regularly using the language of efficiency and value for money when discussing plans for Ireland’s prisons. The state’s current economic woes are having some interesting effects on the direction of prison policy. Plans are afoot to reduce the prison …

Inherent Human Rights: Philosophical Roots Of The Universal Declaration, James W. Nickel

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No abstract provided.

The Impact Of Rankings And Rules On Legal Education Reform, David Yellen

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Legal education is experiencing intense pressures and is undergoing profound changes. Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association's accreditation standards. The push and pull of these forces helps explain why law schools are embracing some changes and resisting others

U.S. Tax Reform: Full-Inclusion Over Territorial System Compelling, Jeffrey M. Kadet

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The territorial system strongly lobbied for by U.S. multinational corporations that stand to benefit from that system is not what’s best for our country or our society. It is bad tax policy for many reasons, including the strong motivation it provides our multinational corporations to continue moving operations, jobs, risks, and assets outside the United States to achieve double non-taxation. A worldwide full-inclusion system would severely curtail or completely eliminate that strong motivation because double nontaxation would no longer be possible because of a current federal tax on all earnings that cannot be eliminated through any tax schemes or creative …

A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum

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No abstract provided.

Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq

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This Article identifies and analyzes the recent emergence of a "tiers of scrutiny" system in Supreme Court jurisprudence respecting the boundaries of Congress's enumerated powers. The inquiry is motivated by the Court's recent ruling on the federal healthcare law, which demonstrated that the national legislature's election among its diverse textual sources of authority in Article I can have large, outcome-determinative consequences in constitutional challenges to federal laws. This is so because the Court not only delineates each power's substantive boundaries differently but also applies distinct standards of review to the various legislative powers enumerated in Article I and elsewhere in …