Law Commons^™

The U.S. As Tax Haven? Aiding Developing Countries By Revoking The Revenue Rule, Samuel D. Brunson

Faculty Publications & Other Works

Over the years, many OECD countries, including the United States, have identified tax havens as a significant problem, and have acted to limit the ability of their taxpayers to use tax havens to reduce their taxes. The United States has implemented tax regimes, including subpart F and the passive foreign investment company rules, and disclosure regimes, such as the recently-enacted FATCA rules, to prevent U.S. taxpayers from taking advantage of tax haven jurisdictions.

But the intersection of a number of U.S. tax rules, it turns out, makes the United States an attractive place for foreigners to invest—and hide …

Drugged Out: How Cognitive Bias Hurts Drug Innovation, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.

Racial Templates, Juan F. Perea, Richard Delgado

Faculty Publications & Other Works

No abstract provided.

Abortion, Religion, And The Accusation Of Establishment: A Critique Of Justice Stevens’ Opinions In Thornburgh, Webster, And Casey, John M. Breen

Faculty Publications & Other Works

It is commonplace to characterize legal arguments in favor of protecting the human embryo or fetus as “inherently religious” such that laws embodying this point of view constitute an establishment of religion in violation of the First Amendment. The practical effect of this argumentative strategy is to foreclose substantive debate on the issue of the legal status of the unborn – to preclude from consideration an entire point of view and so win an argument without ever really having one.

This claim has a long pedigree, tracing back to the founding of NARAL and Lawrence Lader’s “Catholic strategy.” Its most …

Arbitration/Litigation Interface: The European Debate, Margaret L. Moses

Faculty Publications & Other Works

In recent years, there has been a debate in the European Union over the need to provide a transparent and predictable interface between international arbitration and cross-border litigation. That debate has recently culminated in the issuance of the Recast Brussels Regulation (the Recast), effective January 10, 2015. However, the Recast has not provided a method to accomplish this interface because it does not prevent parallel proceedings. Parallel proceedings occur when a party that had agreed to arbitrate nonetheless goes to court while the other party proceeds with arbitration. These parallel proceedings undermine the effectiveness of arbitration because of increased cost, …

Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence, Juan F. Perea

Faculty Publications & Other Works

No abstract provided.

Contents, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Patenting Abstractions, Miriam Bitton

North Carolina Journal of Law & Technology

No abstract provided.

Neutral Litigants In Patent Cases, Jeremy W. Bock

North Carolina Journal of Law & Technology

No abstract provided.

Reproduction-Powered Industry: Coordinating Agency Regulations For Synthetic Biology, Brendan Parent

North Carolina Journal of Law & Technology

No abstract provided.

Chapter 11 Asset Sales: Will There Be A Chilling Effect On Section 363(K) Credit Bidding After In Re Fisker Automotive Holdings Llc?, Riley Orloff

Fordham Journal of Corporate & Financial Law

No abstract provided.

Reinstating Employer Accountability By Protecting All Forms Of Whistleblowing: Erisa Section 510, Roshni Hemlani

Fordham Journal of Corporate & Financial Law

In the United States, employers who have little formal accountability largely manage health and retirement benefits of the working class. Employers face an enormous amount of responsibility to properly manage and protect the health and retirement benefits of their employees and their families. These organizational entities, however, are not subject to similar institutional safeguards as major public pension funds. Thus, Congress enacted the Employment Retirement Income Securities Act to charge employers with fiduciary duties of care over such plans. However, the remedies for those who breach their duty by mishandling funds or arbitrarily dispensing and denying benefits are quite limited. …

Sex, Science, And The Age Of Anxiety, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article examines the question of whether the HPV vaccine should be mandated (for girls and/or boys) in the context of declining rates of childhood immunization, and the potential threat to public health that this decline poses. The article addresses two interconnected legal issues: first, is mandating vaccines to prevent the spread of disease constitutional under substantive due process and equal protection principles, and second, should parents be permitted to “opt out” of mandatory vaccination on their children’s behalf, either for all vaccines or those which prevent particular diseases. The article addresses these issues in the context of America’s growing …

The Paradox Of Race-Conscious Labels, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

Labeling affirmative action laws with integrity is a hopelessly paradoxical pursuit. This article illustrates the consequences of such a pursuit. Section I traces the origins of the Top Ten Percent Law, which arose as a legislative protest to the Fifth Circuit's rejection of the use of race in admissions decisions. This section provides an in-depth understanding of the Top Ten Percent Law and concludes with a detailed analysis of the Fisher decision. Section II supplies an explanation of the majority's conclusion to treat the Top Ten Percent Law as race-neutral and provides detailed support for Justice Ginsburg's affirmation that the …

Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy

McNair Poster Presentations

This research explores whether commercially sexually exploited children (CSEC) abuse drugs or face greater histories of abuse than their delinquent peers. This research will evaluate whether girls who are CSEC victims experience more abuse of drugs or experience more physical, emotional, or sexual abuse. The study also explores whether CSEC victims witnessed more abuse than non-CSEC victims. A survey of needs and issues facing delinquent girls was given to 130 girls between the ages of 13 to 18. Questions asked about their drug use, abuse history, and whether they witnessed abuse. This research found that many girls who are CSEC …

An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish

Contributions to Books

Published as Chapter 5 in Human Rights and Disability Advocacy, Maya Sabatello & Marianne Schulze, eds.

The unprecedented level of civil society participation that took place in the drafting of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) constitutes a major key to its success -- laying a solid foundation for the much longer and harder process of implementation ahead. This piece addresses how one civil society organization -- Disability Rights International (DRI) -- approached the negotiation process. Part I explains the strategic approach DRI adopted, highlighting its methodology, the guiding principles it embraced, and the resulting …

Captive For Life: Conserving Extinct In The Wild Species Through Ex Situ Breeding, Irus Braverman

Contributions to Books

Published as Chapter 12 in The Ethics of Captivity, Lori Gruen, ed.

Are there “fates worse than death,” to use Kurt Vonnegut’s title? Is captivity one such fate? Captive for Life examines these questions through the lens of conservation biology’s ex situ models of captive management — and captive breeding in particular — for wild animals, and especially for species that have been designated as Critically Endangered or as Extinct in the Wild. Drawing on interviews with leading conservation biologists, the chapter describes the erosion of the distinctions between species management in captivity and in wild nature, often referred to …

Regulations, Watchdogs, Eco-Labels, Oh My! : The Highly Fragmented And Uncoordinated State Of Anti-Greenwashing Efforts, Chiara Pellus

Student Works

No abstract provided.

Morality In A Box, Aaron Ash

Student Works

No abstract provided.

Leads Continued Use In Avgas, Pasquale J. Storino

Student Works

No abstract provided.

Offshore Windfarming In New Jersey, Renato Hipolito Ronquillo Ii

Student Works

No abstract provided.

Unsound Methods: The Challenge Of Overcoming Expert Witnesses Who Will Say Anything, Richard Jared Stepp

Student Works

No abstract provided.

Human Trafficking As A War Crime: Why It Happens And How To Stop It, Otion Gjini

Student Works

No abstract provided.

Clinical Trials In Developing Countries, Michael William Jacobson

Student Works

No abstract provided.

“Ubuntu”: Market Forces And Sustainable Development In South Africa, Elizabeth A. Matecki

Student Works

No abstract provided.

The Expansion Of Fair Use In Response To Copyright's Growing Protection, John Burke

Student Works

No abstract provided.

The Dangerous "Waiting Game" Caused By The Failure To Recognize Animal Abuse In The Formal Definition Of Domestic Violence, Jessica Kalafut

Student Works

No abstract provided.

Introduction: Superstorm Sandy & Its Impact On Coastal New Jersey, Zachary Grey Farnsworth

Student Works

No abstract provided.

Psychiatric Prediction Of Future Dangerousness, Erinrose Walsh Lavin

Student Works

No abstract provided.