Law Commons^™

Delaware Law As Lingua Franca: Theory And Evidence, Brian Broughman, Jesse M. Fried, Darian Ibrahim

Faculty Publications

Why would a firm incorporate in Delaware rather than in its home state? Prior explanations have focused on the inherent features of Delaware corporate law and on the positive network externalities created by so many other firms domiciling in Delaware. We offer an additional explanation: a firm may choose Delaware simply because its law is nationally known and thus can serve as a lingua franca for in-state and out-of-state investors. Analyzing the incorporation decisions of 1,850 venture-capitalist-backed start-ups, we find evidence consistent with this lingua franca explanation. Indeed, the lingua franca effect appears to be more important than other factors …

United States Department Of Agriculture (Usda) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (November 2014)

Copyright, Fair Use, Scholarly Communication, etc.

USDA response to OSTP memo, 2013: Public Access Plan (November 2014)

The Trouble With Amicus Facts, Allison Orr Larsen

Faculty Publications

The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …

Reconsidering The Institutional Design Of Federal Securities Regulation, Zachary J. Gubler

William & Mary Law Review

The institutional design literature is interested in the optimality of particular legal institutions, for example, judicial review of agency actions, corporate federalism, and environmental policy. This Article brings such an analysis to bear on federal securities regulation and argues that we could improve upon the current institutional structure. In particular, the Article proposes that the Securities and Exchange Commission (SEC) be given even more decision-making authority than it currently has under the statutory scheme, effectively authorizing the agency to create disclosure rules for any firm that operates in interstate commerce. At the same time, the Article proposes that we place …

Capping E-Discovery Costs: A Hybrid Solution To E-Discovery Abuse, Karel Mazanec

William & Mary Law Review

No abstract provided.

Recent Tax Developments In Virginia: 2013-2014, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.

Advising Venture & Early-Stage Client: Issues Confronting Early-Stage Companies, Carroll D. Hurst

William & Mary Annual Tax Conference

No abstract provided.

2014 Tax Conference Forms

William & Mary Annual Tax Conference

No abstract provided.

2014 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.

Reclassification Risks For Compensation Paid By S And C Corporations To Shareholder-Employees, Stephen R. Looney

William & Mary Annual Tax Conference

No abstract provided.

Working With The Section 752 Partnership Liability Allocation Rules (Outline), Jennifer H. Alexander, Andrea M. Whiteway

William & Mary Annual Tax Conference

No abstract provided.

Structuring And Restructuring Deals In 2014 (And Beyond), Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.

Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett

Scholarly Works

After nearly thirty years, the judicially crafted Chevron and Skidmore judicial-review doctrines have found new life as exotic, yet familiar, legislative tools. When Chevron deference applies, courts employ two steps: they consider whether the statutory provision at issue is ambiguous, and, if so, they defer to an administering agency’s reasonable interpretation. Skidmore deference, in contrast, is a less deferential regime in which courts assume interpretative primacy over statutory ambiguities but defer to agency action based on four factors — the agency’s thoroughness, reasoning, consistency, and overall persuasiveness. In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress directed courts …

The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade

Scholarly Works

Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, …

The Contemporary Tax Journal Volume 4, No. 1 – Fall 2014

The Contemporary Tax Journal

No abstract provided.

Volume 39, No. 3

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Graeme Maitland

Digital Editor: Jenna LeBlanc

Editors: Melanie Gillis, Rohan Rajpal, Sarah Walsh

Apple Pay: More Personal Information, Less Privacy Concerns, Christina Batog

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Recently, it seems almost every week there is a new data breach at a particularly large retailer. If you’ve ever used a credit card at the store, a slight panic sets in that your information could have been stolen. You enroll in the free credit protection service provided and you continue to shop at the affected stores, paying with your credit and debit cards.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 1, 2014. The original post can be accessed via the Archived Link button above.

Ambiguity Defines The Npt: What Does “Manufacture” Mean?, David S. Jonas

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Preventing The Melting Of The Arctic Council: China As A Permanent Observer And What It Means For The Council And The Environment, Brianna Wodiske

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Liability In International Law And The Ramifications On Commercial Space Launches And Space Tourism, Caley Albert

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Birth Pangs: Greenland’S Struggle For Independence, Mina Said

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Supreme Court Of Canada: Policy-Maker Of The Year, Benjamin Perrin

All Faculty Publications

Each year, the Macdonald-Laurier Institute for Public Policy recognizes a “Policy-Maker of the Year”. Past recipients have included former Bank of Canada Governor Mark Carney and Foreign Minister John Baird, who have had a tremendous impact on our country’s economic stability and international stature, respectively. One could argue that, while people in such positions are undoubtedly influential, there is another entity that is rarely acknowledged for its influence on policy, but in the last year has changed Canadian public policy in wide-reaching and long-lasting ways – the Supreme Court of Canada (SCC). This paper examines the Court’s 10 most significant …

Issue 1: Annual Survey 2014 Table Of Contents

University of Richmond Law Review

No abstract provided.

Preface, Tara Badawy

University of Richmond Law Review

No abstract provided.

Public Utilities Law, William T. Reisinger

University of Richmond Law Review

This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly's new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.

Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton

University of Richmond Law Review

No abstract provided.

Intellectual Property Treaties And Development, Dalindyebo Shabalala, Anselm Kamperman Sanders

School of Law Faculty Publications

This work responds to the increasing need in many countries to better understand linkages between intellectual property, trade rules, and economic and social development, and to find new ways of implementing intellectual property rules and optimizing their effects. It provides a comprehensive analysis of the latest legal, economic, political and social research and advanced current thinking on the relationship between intellectual property and trade and development.

This chapter traces the link between intellectual property protection, innovation, and development trough the multilateral WTO system and bilateral trade and investment treaties. In a post-TRIPS globalized world, knowledge-intensive economies encounter increasing difficulties in …

The Frame Of Reference And Other Problems, Richard D. Friedman, Jeffrey L. Fisher

Michigan Law Review First Impressions

George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonial hearsay, and so the distinction cannot be a historically well-grounded basis for modern confrontation doctrine. The argument proceeds from an inaccurate frame of reference. When the confrontation right developed, principally in the sixteenth and seventeenth centuries, and English defendants—Raleigh among them—demanded that adverse witnesses be brought face to face with them, they were making a procedural assertion as to how witnesses must give their testimony. (Giving testimony is what witnesses in litigation do.) Rarely did they phrase this claim in terms of hearsay, for the simple reason …

The Basic Structure Doctrine In Singapore: A Reply, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

While there are important principles fundamental to the Singapore Constitution, they do not form a legally unchangeable “basic structure”. Even if it were possible to identify a substantive “basic structure”, its exact content would be indeterminate and we would be left with only broad, unhelpful truisms. Instead, the true safeguards against potential undesirable constitutional amendments lie in democratic political processes.

The 2014 Leadership Academy: Six Months Out - How Are Participants Using What They Learned?, Susan David Demaine

Articles by Maurer Faculty

“If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” – John Quincy Adams

These wise words were one of many lessons that the attendees of the 2014 AALL Leadership Academy took home with them following two full days of hands-on learning this past April. Now, a little more than six months later, Spectrum catches up with a few of the Academy attendees to find out how they are using what they learned and the ways that the Academy has affected their professional (and personal) lives.