Law Commons^™

Waiting For Mendeleev: The Tangle Of Indigenous Law, Marc Galanter, Manuel A. Gomez

FIU Law Review

No abstract provided.

High Law And Low Law, Lawrence M. Friedman

FIU Law Review

No abstract provided.

The Alignment Of Law And Norms: Of Mirrors, Bulwarks, And Pressure Valves, Mark A. Edwards

FIU Law Review

No abstract provided.

Legal Pluralism As Omnium Gatherum, Sally Falk Moore

FIU Law Review

No abstract provided.

Snakes And Ladders: Suo Moto Intervention And The Indian Judiciary, Marc Galanter

FIU Law Review

No abstract provided.

Layering Law Upon Custom: The British In Colonial West India, James A. Jaffe

FIU Law Review

No abstract provided.

Layers Of Law: The Case Of E-Cigarettes, Eric A. Feldman

FIU Law Review

No abstract provided.

Don’T Be A Drag, Just Be A Queen—How Drag Queens Protect Their Intellectual Property Without Law, Eden Sarid

FIU Law Review

No abstract provided.

The Tower Of David: Social Order In A Vertical Community, Manuel A. Gómez

FIU Law Review

No abstract provided.

A Fundamentally Different Regulatory Calculus: The Advent Of Regulation D, Rule 506(C), Ashley J. Hersutamto

FIU Law Review

No abstract provided.

Interpreting The Definition Of A Whistleblower Under Dodd-Frank’S Anti-Retaliation Provision: How Andwhy Public Policy Should Guide The Courts In Finding That Whistleblowers Do Not Need To Report To The Sec, Stephanie Klein

FIU Law Review

No abstract provided.

Energy Versus Property, Michael Pappas

Faculty Scholarship

This article is the first to detail the balance legislatures and courts have struck between private property rights and the compelling public interest in energy production. By examining how property rights have consistently yielded to energy development from colonial times to the most recent decisions involving hydraulic fracturing (“fracking”), it identifies a coherent energy/property balance that has shaped property expectations to accommodate energy needs. The article then applies this insight to current disputes pitting aggressive renewable energy policies— such as nuisance immunity or mandatory installations on private property— against fundamental property expectations— the right to exclude and the right to …

Activist Investors, Distressed Companies, And Value Uncertainty, Michelle M. Harner, Jamie Marincic Griffin, Jennifer Ivey-Crickenberger

Faculty Scholarship

Hedge funds, private equity firms, and other alternative investment funds are frequently key players in corporate restructurings. Most commentators agree that the presence of a fund can change the dynamics of a chapter 11 case. They cannot agree, however, on the impact of this change—i.e., do funds create or destroy enterprise value? This essay contributes to the dialogue by analyzing data from chapter 11 cases in which funds are in a position to influence the debtor’s exit strategy. The data shed light on what such funds might achieve in chapter 11 cases and the potential implications for debtors and their …

Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival

Faculty Scholarship

Globalization and expanding world trade are creating new pressures to harmonize environmental standards. Countries increasingly are borrowing legal and regulatory policy innovations from one another, moving toward greater harmonization of regulatory policies. Regulatory policy generally seeks to prevent harm before it occurs, but the reality is that it usually has been more reactive than precautionary, responding only after harm has become manifest. As regulators seek to improve their responses to new and emerging environmental risks, it is useful to consider what lessons can be learned from past experience with regulatory policy. This chapter reviews controversies over regulatory policy through the …

Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee

Faculty Scholarship

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand …

Anti-Waste, Michael Pappas

Faculty Scholarship

It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.

Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for future generations, 4) stability and consistency, and 5) ecological concerns. The law recognizes waste in terms of one or …

The Role Of Civil Society In Environmental Governance In The United States And China, Robert V. Percival, Zhao Huiyu

Faculty Scholarship

No abstract provided.

Industrial Relations And The Construction Sector: The Implications Of Mcgowan And Ors V The Labour Court, Ruairi Hayden

Other Resources

On the 9^th May 2013 the Supreme Court in McGowan and Ors v The Labour Court and Ors found Registered Employment Agreements to be incompatible with the Constitution. Registered Employment Agreements (REA) are provided for in Part III of the Industrial Relations Act 1946. Collective bargaining has traditionally been the method for employees and employers to negotiate terms of employment within the construction industry. These agreements would then be registered with the Labour Court and they would have legal effect. Registered Employment Agreements are particularly suited to the construction industry due to the labour intensive nature of the industry …

European Legal Development: The Case Of Tort: Comparative Studies In The Development Of The Law Of Tort In Europe, Vol 9, Anthony J. Sebok

Articles

This review addresses volumes 7-9 of the series Comparative Studies in the Development of the Law of Torts in Europe, edited by John Bell and David Ibbetson and published by Cambridge University Press.

Success And Failure In Adr: A Dialogue Between Partners, Lela P. Love, Joseph B. Stulberg

Articles

Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven.

A Study Of Juror Information On The Websites Of 61 Predominately Hispanic Texas Counties, Irma S. Jones, Dianna Blankenship, Marcus Juarez

Teaching and Learning Faculty Publications

The Constitution does not require a jury of twelve men and women t o be representative of America’s diverse ethnic, racial, and economic groups (Donaldson v. California, 1971). Although there is concern whether prospective juror pools emulate shifting racial and ethnic populations, (Fukari, 1996), it is unconstitutional to use “race conscious means” to create a racially balanced jury pool. (United States v. Ovalle, 1998). The U.S. Hispanic population grew from 9.1 million in 1970 to 35.3 million in 2000, an increase of nearly four times, and 53 million in 2012, an increase of nearly six times (Pew Research Center, 2014). …

The Unitary Executive And The Plural Judiciary: On The Potential Virtues Of Decentralized Judicial Power, Ronald J. Krotoszynski Jr.

Articles

The federal judiciary features a highly decentralized system of courts. The Supreme Court of the United States reviews only a few dozen cases each year. Meanwhile, regional U.S. courts of appeals operate independently of each other; district courts further divide and separate the exercise of federal judicial power. The role of the state courts in enforcing federal law further subdivides responsibility for the adjudication of federal law claims. Indeed, the Office of Chief Justice itself incorporates and reflects this vesting of the judicial power of the United States exclusively in collegial institutions-literally in a multiplicity of hands-effectively precluding its unilateral …

Front Matter, Volume 39, Number 2, University Of Dayton

University of Dayton Law Review

No abstract provided.

Restoring Constitutional Equilibrium, Adam Lamparello

University of Dayton Law Review

No abstract provided.

Has Time Expired For Time-Out Rooms?, Charles J. Russo

Educational Leadership Faculty Publications

An issue that continues to raise serious concerns for education leaders surrounds the treatment of students with disabilities who behave unacceptably. In Honig v. Doe (1988), the Supreme Court acknowledged that in such cases, among the procedures available to educators is “the use of study carrels, timeouts, detention, or the restriction of privileges” (p. 325). Time-out rooms—typically small rooms where students who misbehave are sent until they can safely regain their composure—continue to be used in most jurisdictions, subject to state oversight via statutes and regulations (U.S. Department of Education 2010).

Valuation Lessons From Estate Of Adell, Kerry A. Ryan

All Faculty Scholarship

In Estate of Adell, the Tax Court determined that the correct value of a decedent’s interest in a closely held corporation was the figure reported on the original estate tax return. The court rejected alternative values as either using the incorrect valuation method or failing to account for the significant value of a key employee’s personal goodwill.

Retreat From Progressive Taxation In The Swedish Welfare State: Does Immigration Matter?, Henry Ordower

All Faculty Scholarship

This paper questions whether late twentieth century immigration patterns may have contributed to retreat from progressive taxation in Sweden (and elsewhere). The paper applies critical methodology to ask whether the societal generosity reflected in development of Sweden’s welfare state yielded to greater parsimony as Sweden opened its borders to ethnically and racially diverse groups of immigrants. The paper explores whether Sweden’s loss of societal homogeneity facilitated the development of a political climate in which protecting traditional Scandinavian-owned capital from taxation became acceptable. Social science literature already has detected various unintentional ethnic and gender biases in delivery of welfare services and …

Income Imputation: Toward Equal Treatment Of Renters And Owners, Henry Ordower

All Faculty Scholarship

This chapter argues that fundamental fairness principles demand changes in U.S. tax law to place those who rent on an equal tax footing with those who own their residences. The disparity in tax treatment of owners and renters results primarily from the failure of the tax law to include the use value from investment of capital in a personal residence in the incomes of owners. While the yield from investment in a personal residence is not cash, the yield is valuable as it replaces an outlay for dwelling use the owner otherwise would have to make. That occupancy right as …

Table Of Mimetic Influences Related To Steve Charnovitz, “What The World Trade Organization Learned From The Ilo,” In Adelle Blackett & Anne Trebilcock Eds., Research Handbook On Transnational Labour Law (Edward Elgar, Forthcoming 2015), Steve Charnovitz

GW Law Faculty Publications & Other Works

This table shows how the features of the ILO complaint procedures originating in 1919 became a model for the dispute settlement procedures written into the Charter of the International Trade Organization (ITO) in 1948 and the Dispute Settlement Understanding of the World Trade Organization.

Gifts, Hospitality & The Government Contractor, Jessica Tillipman

GW Law Faculty Publications & Other Works

The government procurement process demands the highest commitment to ethical and unbiased conduct. To ensure that the individuals involved in the procurement process adhere to these standards, government entities in nearly all jurisdictions around the world have enacted codes of conduct, ethical restrictions, and anti-corruption laws designed to protect the integrity of government and ensure that government officials act impartially and do not give preferential treatment to any private organization or individual. To further these goals, most jurisdictions have enacted restrictions on the gifts and hospitality that government officials may accept from individuals and organizations that sell goods and services …