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Articles 11551 - 11580 of 12809
Full-Text Articles in Law
Custodial Requirements For Customer Funds, Jerry W. Markham
Custodial Requirements For Customer Funds, Jerry W. Markham
Faculty Publications
A series of bankruptcies by large financial institutions in recent years resulted in massive shortages of customer funds. The first of those failures, Refco, Inc. (Refco), occurred in 2005 after the exposure of a massive fraud by its officers. That debacle was followed in 2007 by the failure of Sentinel Management Group, Inc. (Sentinel), which had used several hundred million dollars of customer assets to leverage the firm's trading position. The failure of Lehman Brothers Holdings Inc. (Lehman or Lehman Brothers) during the Financial Crisis in 2008 was the largest bankruptcy in U.S. history and resulted in extensive litigation over …
Introduction: Under The Knife: Health Law, Health Care Reform, And Beyond, Stacey A. Tovino
Introduction: Under The Knife: Health Law, Health Care Reform, And Beyond, Stacey A. Tovino
Other Faculty Publications
No abstract provided.
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
The Global Chase: Seeking The Recognition And Enforcement Of The Lago Agrio Judgment Outside Of Ecuador, Manuel A. Gómez
Faculty Publications
No abstract provided.
Economics Of Vertical Restraints For Multi-Sided Platforms, David S. Evans
Economics Of Vertical Restraints For Multi-Sided Platforms, David S. Evans
Coase-Sandor Institute for Law & Economics Research Paper Series
This paper presents an overview of what economists can say about vertical constraints by multi-sided platforms at this stage in the development of our knowledge about the economics of these businesses. It describes the general procompetitive and anticompetitive uses of vertical restraints by multi-sided platforms. It then focuses on the role of critical mass for multi-sided platforms and how vertical restraints might be used on the one hand, anti-competitively to prevent rivals from achieving critical mass and long-term growth and, on the other hand, pro-competitively, to ensure the platform and its customers that the platform will remain viable.
Chief Justice Robert's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian
Chief Justice Robert's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian
Scholarship@WashULaw
After the U.S. Supreme Court in National Federation of Independent Business v. Sebelius held nearly all of the Patient Protection and Affordable Care Act constitutional, praise rained down on Chief Justice John Roberts. The Chief Justice’s lead opinion broke with his usual conservative allies on the Court by upholding the Act’s individual mandate under the Taxing Clause. Numerous academic and popular commentators have lauded the Chief Justice for his political courage and institutional pragmatism. In this essay, Professor Magarian challenges the heroic narrative surrounding the Chief Justice’s opinion. The essay contends that the opinion is, in two distinct senses, fundamentally …
Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash
Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash
Scholarship@WashULaw
This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …
Framing Violence: The Hidden Suffering And Healing Of Sudan's 'Lost Girls' In Cairo, Egypt, Ginger Ann Johnson
Framing Violence: The Hidden Suffering And Healing Of Sudan's 'Lost Girls' In Cairo, Egypt, Ginger Ann Johnson
USF Tampa Graduate Theses and Dissertations
This dissertation examines the specific forms of embodied suffering war and its refugee aftermath brings to female Sudanese refugees currently living in post-revolution Cairo, Egypt in order to illustrate the suffering and healing enacted within everyday life. These women, displaced from the Second Sudanese Civil War, are what I label Sudan's `Lost Girls.' The theoretical framework I employ in order to discuss their lives is a critical medical anthropology perspective based on the mindful body. I engage anthropological literature on the body in order to better understand the embodied suffering, sexual violence, and refugee aftermath of war. My research seeks …
Archaeological And Historic Preservation In Tampa, Florida, Dawn Michelle Hayes
Archaeological And Historic Preservation In Tampa, Florida, Dawn Michelle Hayes
USF Tampa Graduate Theses and Dissertations
For archaeological or historic preservation to occur, there must be public support for it. This research examines historic and archaeological preservation in the Tampa Bay area of Florida through the use of selected case studies. It analyses opinions about archaeology and preservation from members of the general public and members of two groups focused on historic preservation and archaeology. Data were collected from interviews, surveys, archival research, and participant observation, and analyzed to determine the public's definition of archaeology, possible origins of people's interest in preservation, and the extent to which people's interest in either archaeology or historic preservation extends …
The Dark Side Of Direct Democracy: Protecting Political Speech From The Use Of Slapps In North Dakota's Political Process, Brent Jaenicke
The Dark Side Of Direct Democracy: Protecting Political Speech From The Use Of Slapps In North Dakota's Political Process, Brent Jaenicke
North Dakota Law Review
No abstract provided.
Real Or Personal?: The Area Of Mutual Interest Covenant In The Williston Basin After Golden V. Sm Energy Company, Andrew Scott Graham
Real Or Personal?: The Area Of Mutual Interest Covenant In The Williston Basin After Golden V. Sm Energy Company, Andrew Scott Graham
North Dakota Law Review
No abstract provided.
Golden V. Sm Energy Company And The Question Of Whether An Area Of Mutual Interest Covering Oil And Gas Rights Is Binding On Successors And Assigns, Scott Lansdown
North Dakota Law Review
No abstract provided.
The Pro-Life Spring And The Future Of Roe V. Wade, Lynn D. Wardle
The Pro-Life Spring And The Future Of Roe V. Wade, Lynn D. Wardle
North Dakota Law Review
No abstract provided.
"Introduction: Futures Of Fair Use", Robert Spoo
"Introduction: Futures Of Fair Use", Robert Spoo
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Criminal Liability, Of Internet Service Providers “A Comparative Study", Humaid Juma Al Rahma Al Darmaki
Criminal Liability, Of Internet Service Providers “A Comparative Study", Humaid Juma Al Rahma Al Darmaki
Theses
No abstract provided.
Inclusion, Voice, And Process-Based Constitutionalism, Colleen Sheppard
Inclusion, Voice, And Process-Based Constitutionalism, Colleen Sheppard
Osgoode Hall Law Journal
This article explores a growing emphasis on process issues in the elaboration of constitutional rights and freedoms, focusing on the Canadian Charter of Rights and Freedoms. In a diverse range of contexts, judges are framing constitutional rights and freedoms in terms of the processes and practices they require, rather than in terms of specific constitutionally mandated substantive outcomes. Thus, constitutional rights have been interpreted to require a duty to negotiate, a duty to consult, a duty to accommodate, and entitlements to participate in democratic governance. The growing emphasis on processes and practices is positive to the extent that it resonates …
Social Justice And The Charter: Comparison And Choice, Margot Young
Social Justice And The Charter: Comparison And Choice, Margot Young
Osgoode Hall Law Journal
At a time of radical inequality, the changes sought by social justice advocacy are urgently needed. Yet repeatedly, courts fail to respond adequately to this challenge. A core issue plagues social justice jurisprudence under sections 7 and 15: the difficulty inevitable in the contemplation and expression of the social and political forms in which oppression and social injustice occur. This problem manifests doctrinally in ways specific to the rights at issue. In section 15 cases, the casting of comparator groups has been deeply problematic, and in both section 15 and section 7 cases, the courts fail to deliver a nuanced …
Speak Now Or Hold Your Peace: Prearbitration Express Waivers Of Evident-Partiality Challenges, Edward C. Dawson
Speak Now Or Hold Your Peace: Prearbitration Express Waivers Of Evident-Partiality Challenges, Edward C. Dawson
American University Law Review
No abstract provided.
Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone
Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone
Faculty Law Review Articles
This article is a response to Can the States Keep Secrets from the Federal Government? by Robert Mikos. The author amplifies and extends Professor Mikos's first point, which identifies the commandeering problem and suggests some limits to his second point, which proposes a judicially managed solution.
Joe Mazurek: July 27, 1948--August 29, 2012: In Memoriam, Greg Munro, Mike Mcgrath
Joe Mazurek: July 27, 1948--August 29, 2012: In Memoriam, Greg Munro, Mike Mcgrath
Faculty Law Review Articles
Tribute to Joe Mazurek, long-time Montana attorney and former Montana Attorney General.
A Next, Big Step For The West: Using Model Legislation To Create A Water-Climate Element In Local Comprehensive Plans, Michelle Bryan
A Next, Big Step For The West: Using Model Legislation To Create A Water-Climate Element In Local Comprehensive Plans, Michelle Bryan
Faculty Law Review Articles
The West is witnessing early, important efforts to join water supply and land use planning, and the reality of climate change makes this convergence all the more critical. Local comprehensive planning presents itself as an existing and indispensable tool for unifying important planning efforts in the areas of land use, water, and climate change. As the primary regulators of land use, local governments are at the front line of regulating a myriad of environmental concerns. They are also integral partners in planning and implementing water-related initiatives alongside tribal, state, federal, and private partners. The West’s potential for broad-based action is …
The System Of Campaign Finance Disclosure, Anthony Johnstone
The System Of Campaign Finance Disclosure, Anthony Johnstone
Faculty Law Review Articles
This Essay considers Professor Gilbert’s model as the core element in a dynamic system of campaign finance disclosure. First, it recognizes several useful contributions of the model’s framework of informational costs and benefits. In the simplest analysis, disclosure increases the information available to voters by adding source revelation to campaign speech. However, the reality is more complicated. Disclosure can have a chilling effect that decreases the amount of campaign speech by imposing administrative and exposure burdens on speakers. As Professor Gilbert shows, this cannot end the analysis. What matters is not just the magnitude of the chilling effect on speech, …
Recalibrating Campaign Finance Law, Anthony Johnstone
Recalibrating Campaign Finance Law, Anthony Johnstone
Faculty Law Review Articles
This Essay seeks to provide a theoretical framework for conceptualizing this relationship and considering reforms. Part I traces the variation of campaign finance regimes across several political eras and several jurisdictional scales. Strikingly, although similar six-figure campaign finance scandals prompted the reforms of each era, federal lawmakers in each era have drawn progressively lower one-size-fits-all contribution limits and disclosure thresholds. Meanwhile, state campaign finance laws have been more carefully calibrated to reflect the electoral and financial circumstances of particular electoral contests. Part II considers the currently permissible means and ends of campaign finance law and how they constrain the calibration …
If Skilling Can't Get A Change Of Venue, Who Can? Salvaging Common Law Implied Bias Principles From The Wreckage Of The Constitutional Pretrial Publicity Standard, Jordan Gross
Faculty Law Review Articles
Fifty years ago, the United States Supreme Court issued three landmark decisions recognizing local pretrial publicity and community hostility in a charging venue as extraneous forces that can impact jurors’ ability to be constitutionally impartial. It later held that local prejudice can be so incompatible with a defendant’s right to an impartial jury that a trial in that community violates due process and may require a change in venue. Paradoxically, successful venue challenges under this federal constitutional pretrial publicity standard have become increasingly rare even as the volume, sensationalism, and pervasiveness of media coverage of criminal trials have increased with …
Rebels, Negligent Support, And State Accountability: Holding States Accountable For The Human Rights Violations Of Non-State Actors, Graham Cronogue
Rebels, Negligent Support, And State Accountability: Holding States Accountable For The Human Rights Violations Of Non-State Actors, Graham Cronogue
Duke Journal of Comparative & International Law
This Note discusses a crucial problem in the law of state accountability for human rights abuses. Specifically, it analyzes the difficulty of attaching liability when a state "negligently supports" a group that it should reasonably expect to commit human rights abuses. This note shows that the current legal framework governing attribution stems from a myopic focus on non-state actors "acting" like arms of the state. Indeed, the current tests require that the state have an extraordinarily high level of control over the non-state actors before liability can attach. This requirement not only creates perverse incentives for states to acquire less …
Constitutionalism, Rights, And International Law: The Glenister Decision, Edwin Cameron
Constitutionalism, Rights, And International Law: The Glenister Decision, Edwin Cameron
Duke Journal of Comparative & International Law
No abstract provided.
Religion: Individual Expression Or Intertwined With Culture? Free Exercise Jurisprudence In The United States And Great Britain , Johanna R. Collins-Wood
Religion: Individual Expression Or Intertwined With Culture? Free Exercise Jurisprudence In The United States And Great Britain , Johanna R. Collins-Wood
Duke Journal of Comparative & International Law
No abstract provided.
Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton
Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton
Duke Journal of Comparative & International Law
International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign- and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, …
International Law, Dignity, Democracy, And The Arab Spring, Jordan J. Paust
International Law, Dignity, Democracy, And The Arab Spring, Jordan J. Paust
Cornell International Law Journal
No abstract provided.