Law Commons^™

"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown

Indiana Law Journal

The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the “federal government” itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …

The Importance Of Being Factual: The U.S., China, And The Future Of The Kyoto Protocol, Aarthi S. Anand

Duke Environmental Law & Policy Forum

By most accounts, the December 2012 Doha Round negotiations achieved little. The continued failure of member governments to reach consensus increases the risk of a catastrophic rise in global emissions. The current impasse is due in no small measure to the expressed concern of the United States that a climate change treaty will end up transferring enormous wealth from the United States to China.

Analyzing the relevant market data, this Article concludes that there is little or no evidence to support the notion that ratification of the Kyoto Protocol will lead to the massive wealth transfers feared by the United …

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Duke Environmental Law & Policy Forum

No abstract provided.

The Future Of Corporate Tax Reform: A Debate, Deborah A. Geier, Omni Y. Marian, David S. Miller, Adam H. Rosenzweig

Law Faculty Articles and Essays

Professor Geier participated in a Lincoln-Douglas style debate, where the debaters were assigned different roles, so the opinions expressed were not necessarily their own. On the first point debated, Professor Geier was assigned to argue: The Affirmative: We Need to Tax Corporationsat the Entity Level. Others argued the negative: The United States Should Repeal the Corporate Income Tax. On the second point debated, Professor Geier argued the negative, that Dividend Exemption Is NOT the Best Method of Corporate/Shareholder Integration, and is in fact the worst method. On the third point, Professor Geier argued in the affirmative, that the corporate tax …

Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis

Law Faculty Articles and Essays

Professor Lewis argues that the courts should apply contract principles and not family law principles to resolve surrogacy disputes. Since children are unique, Professor Lewis argues, courts should presume that the contract should be specifically enforced. As a result, the intended mother should be adjudicated the legal mother. However, Professor Lewis further argues the the surrogate should be able to present evidence of changed circumstances to rebut the presumption of specific performance and permit the court to determine maternity based upon the best interests of the child.

“Undetected, Unsuspected, And Unknown”: Should We Anticipate Problems For Scientific Innovation Following Schering Corp. V. Geneva Pharmaceuticals?, Jeffrey Coleman

Fordham Law Review

    Once termed the “metaphysics” of patent law, the doctrine of inherent anticipation has befuddled courts and practitioners alike for decades. Inherent anticipation refers to the notion that a previously published reference can disclose each and every limitation of a later–patented invention without expressly delineating those limitations. These (un)disclosed limitations are necessarily present, or inherent, within the previously published reference. When a previously published reference discloses a later–claimed invention expressly or inherently, the patent covering the later–claimed invention is invalid because the invention lacks novelty. Thus, the doctrine of inherent anticipation allows invalidation of a patent in whole or in part …

Pretrial Restraint Of Assets: Lawful Governmental Interference With The Right To Counsel Of Choice?, Donna L. Eng

UF Law Faculty Publications

In this, the year of the 50th anniversary of Gideon v. Wainwright, we're read a lot of articles discussing the right to counsel, but none, as far as I recall, discussing the right to counsel of choice. While it may be true that there is no right to counsel of choice for those who are appointed counsel, what about those who are fortunate enough to be able to retain counsel? Isn't being entitled to counsel of your choice a logical extension of Gideon?

Are Cryptocurrencies 'Super' Tax Havens?, Omri Y. Marian

UF Law Faculty Publications

I describe the mechanisms by which cryptocurrencies — a subcategory of virtual currencies — could replace tax havens as the weapon-of-choice for tax-evaders. I argue such outcome is reasonably expected in the foreseeable future due to the contemporary convergence of two processes. The first process is the increasing popularity of cryptocurrencies, of which Bitcoin is the most widely recognized example. The second process is the transformation of financial intermediaries to agents in the service of tax authorities, as part of the fight against offshore tax evasion. Financial institutions are faced with increased governmental pressure to deliver information about account holders, …

Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven J. Willis

UF Law Faculty Publications

Beginning in 2013, the federal government mandated that general business corporations include contraceptive and early abortion coverage in large employee health plans. Internal Revenue Code Section 4980D imposes a substantial excise tax on health plans violating the mandate. Indeed, for one company – Hobby Lobby – the expected annual tax is nearly one-half billion dollars. Dozens of “for profit” businesses have challenged the mandate on free exercise grounds, asserting claims under the First Amendment as well as under the Religious Freedom Restoration Act.

So far, courts have been reluctant to hold corporations have religious rights of their own; as a …

Youth Matters: Miller V. Alabama And The Future Of Juvenile Sentencing, John F. Stinneford

UF Law Faculty Publications

In the Supreme Court's latest Eighth Amendment decision, Miller v. Alabama, the Court held that statutes authorizing mandatory sentences of life in prison with no possibility of parole are unconstitutional as applied to offenders who were under eighteen when they committed their crimes. This short essay examines several themes presented in Miller, including the constitutional significance of youth and science, the legitimacy of mandatory life sentences and juvenile transfer statutes, and the conflict between “evolving standards of decency” and the Supreme Court’s “independent judgment.”

This essay also introduces important articles by Richard Frase, Carol Steiker and Jordan Steiker, …

Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee

UF Law Faculty Publications

This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in core transaction-oriented law courses and core business courses. The most effective education …

Merger Control Under China's Anti-Monopoly Law, D. Daniel Sokol

UF Law Faculty Publications

This essay explores the factors that drive merger outcomes under China's Anti-Monopoly Law (AML). While there are currently only a small number of published merger decisions, this paper overcomes that obstacle by utilizing a unique practitioner survey of antitrust lawyers across multiple jurisdictions. This survey captures transactions contemplated, but never undertaken (deterred by the merger regime), as well as mergers notified for approval under the AML. The survey allows for broader inferences to be drawn about the development of Chinese antitrust law, including: the welfare standard used in merger analysis, what industrial policy and other political factors may impact merger …

The Expert, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Supplementing The Record In The Federal Courts Of Appeals: What If The Evidence You Need Is Not In The Record?, George C. Harris, Xiang Li

The Journal of Appellate Practice and Process

No abstract provided.

Whittling: Drafting Concise And Effective Appellate Briefs, Brian K. Keller

The Journal of Appellate Practice and Process

No abstract provided.

The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

Legal Writing As Good Writing: Tips From The Trenches, Andrey Spektor, Michael A. Zuckerman

The Journal of Appellate Practice and Process

No abstract provided.

From Good To Great: The Four Stages Of Effective Self-Editing, Wes Hendrix

The Journal of Appellate Practice and Process

No abstract provided.

Crapping Out With Crime Statistics, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.

A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—School Integration Reform—A Call For Desegregation Policies That Are More Than Skin Deep, Nikki L. Cox

University of Arkansas at Little Rock Law Review

No abstract provided.

Education—Student-Teacher Relationship—Should Teachers Be Held To A Higher Standard? Understanding The Laws Governing Sexual Relationships Between Students And Teachers In Primary And Secondary Schools Paschal V. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby

University of Arkansas at Little Rock Law Review

No abstract provided.

A Nonagenarian Discusses Life As A Senior Circuit Judge, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.

Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg

The Journal of Appellate Practice and Process

No abstract provided.

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 12, Iss. 1

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Why It Is They And Not We Who Sit On The Woolsack—A Motion To Dismiss In Eeoc V. United Parcel Service In The Northern District Of Illinois, John C. Hendrickson

Indiana Journal of Law and Social Equality

No abstract provided.

Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair

Indiana Journal of Law and Social Equality

No abstract provided.

Changing The Narrative Of Neonaticide, Julie Spain

Indiana Journal of Law and Social Equality

No abstract provided.

Informal Collateral Consequences, Wayne A. Logan

Washington Law Review

After a thirty-year punitive binge, the nation is in the process of awakening to the vast array of negative effects flowing from its draconian crime control policies. The shift is perhaps most evident in the realm of corrections, which since the early 1980s has experienced unprecedented population growth. Driven by a number of factors, not the least of which is the enormous human and financial cost of mass incarceration, policy makers are now shrinking prison and jail populations and pursuing cheaper non-brick-and-mortar social control options. This Essay examines another facet of the shift: increasing concern over collateral consequences, the many …

The Future Of Philanthropy: Questioning Today's Orthodoxies, Re-Affirming Yesterday's Foundations, Rob Atkinson

Scholarly Publications

No abstract provided.