Law Commons^™

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 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.

Planning For Adaptation To Climate Change: Lessons From The Us National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, Alexei Babko, Michael Kennedy, Lei Liu, Michelle Robinson

Articles by Maurer Faculty

US national wildlife refuges have recent, detailed management plans illustrating the state of planning for climate-change adaptation in protected areas. Discussion of and prescriptions for addressing climate change increased in refuge plans between 2005 and 2010 but decreased in 2011. The plans respond to some climate-change impacts on biodiversity and call for monitoring but with little clarity regarding how to act on monitoring results and scant attention to future changes in phenology and community composition. The threats posed by sea-level rise generated the best-developed plan prescriptions. Examples of excellent prescriptions provide models for future planning. Some decision-support tools, such as …

The Still-Dwindled Revlon, Lyman P.Q. Johnson, Robert Ricca

Washington and Lee Law Review Online

This is a brief Response to Professor Mohsen Manesh’s extensive response to our original article, The Dwindling of Revlon. Our thesis is that today the iconic Revlon doctrine is, remedially, quite substantially diminished. Although Professor Manesh sets out to establish what he calls “the limits of Johnson’s and Ricca’s thesis,” we here maintain, as before, that there is little remedial clout to Revlon unless directors or others very significantly misbehave. We also criticize Delaware’s continuing use of the standard-of-conduct/standard-of-review construct in the fiduciary duty area. This rubric is unhelpful generally and strikingly so in the Revlon setting, as we …

United States V. Erwin And The Folly Of Intertwined Cooperation And Plea Agreements, Kevin Bennardo

Washington and Lee Law Review Online

Cooperation agreements and plea agreements are separate and independent promises by criminal defendants to: (1) assist the Government in the prosecution of another person and (2) plead guilty. A defendant’s breach of one should not affect the Government’s obligation to perform under the other. All too often, however, these agreements are inappropriately intertwined so that a minor breach of the plea agreement relieves the Government of its obligation to move for a downward sentencing departure in recognition of the defendant’s substantial assistance. This intertwining undermines sentencing policy as set forth in the federal sentencing statute. Thus, a district court should …

Making Smart Decisions About Surveillance: A Guide For Communities, Chris Conley, Matthew Cagle, Peter Bibring, Jessica Farris, Linda Lye, Mitra Ebadolahi, Nicole Ozer

Faculty Scholarship

California communities are increasingly grappling with whether to deploy new surveillance technologies ranging from drones to license plate readers to facial recognition. This is understandable, since public safety budgets are tight, technology vendors promise the ability to do more with less, and federal agencies or industry sponsors may even offer funding.

But surveillance can be both less effective and far more costly to local agencies and to the community at large than initially imagined, leaving communities saddled with long-term bills for surveillance that doesn't end up making the community safer. Surveillance can also be easily misused, leading to the erosion …