Law Commons^™

2015 Schedule

William & Mary Annual Tax Conference

No abstract provided.

2015 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.

Let's Make A Deal! Business Succession Planning, John M. Olivieri, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Getting Up To Speed On Partnership Basis Adjustments, James B. Sowell

William & Mary Annual Tax Conference

No abstract provided.

Corporate Tax Update, Andrew F. Gordon, Lisa M. Zarlenga

William & Mary Annual Tax Conference

No abstract provided.

On Regulatory Discord And Procedure, Elizabeth Chamblee Burch

Scholarly Works

Businesses are increasingly global. But domestic courts’ jurisdiction remains largely provincial; both public and private regulators have overlapping, mismatched authority. Regulatory discord is readily apparent in consumer protection cases. When the Dodd-Frank Wall Street Reform and Consumer Protection Act empowered state regulators while simultaneously creating an encompassing federal regulator—the Consumer Financial Protection Bureau—it further contributed to overlap between federal agencies, states, and private litigation.

Whether this regulatory magnetism is optimal in terms of fundamental goals like compensation and deterrence is a hotly debated normative and empirical question. Yet, one need not wade too far into the substantive debate to appreciate …

Enforcing Immigration Equity, Jason A. Cade

Scholarly Works

Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical responsibility in enforcement officials to implement rigid immigration rules in a normatively defensible way, primarily through the use of prosecutorial discretion. This Article contextualizes recent executive enforcement actions within this scheme and argues that the Obama Administration’s targeted use of limited enforcement resources and implementation of initiatives such as Deferred Action for …

Constructing Issue Classes, Elizabeth Chamblee Burch

Scholarly Works

As government budgets shrink each year, enforcement responsibilities in products liability, consumer protection, and employment discrimination fall increasingly to private attorneys. But defendants have successfully layered new objections about noncohesive classes and unascertainable members atop legislative and judicial reforms to cripple plaintiffs’ attorneys’ chief weapon — the class action. The result? Courts deny class certification and defendants escape enforcement by highlighting the differences among those affected by their misconduct. At the other end of the regulatory spectrum lies the opposite problem. Some defendants’ actions are so egregious that hordes of public and private regulators can’t help but get involved — …

Newsroom: Law Clinic For Disabled Veterans, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

"To Borrow, To Borrow....Should Not Cause Such Sorrow": Why New Jersey Should Enact Legislation Incorporating A Homeowner Bill Of Rights (Hbor) And A Servicer's Duty Of Loss Mitigation, Cheryl Aptowitzer

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Ante-Mortem Probate In New Jersey - An Idea Resurrected?, Susan G. Thatch

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Formalizing The Plea Bargaining Process After Lafler And Frye, Sabrina Mirza

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

2015 Byu Law School Annual Report, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

No abstract provided.

Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Justice At War: Military Tribunals And Article Iii, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Cu Law Library Launches New Resource For Historical Colorado Statutory Research, Robert Linz

Other Faculty Publications

Colorado legal researchers have a new tool for statutory research. The University of Colorado's William A. Wise Law Library (Law Library or CU Law Library) has completed a digitization project of Colorado session laws. The collection contains PDF files of session law volumes from 1861 (when the Territory of Colorado was created) through 1992. The collection is available at lawlibrary.colorado.edu/colorado-session-laws. This article describes the need for such a collection, how it was created, and how to search it.

Bankruptcy Law, Hon. Kevin R. Huennekens, Nathan Kramer

University of Richmond Law Review

This article will cover both consumer and business bankruptcy issues, and is limited primarily to decisions by courts within the Fourth Circuit since mid-2012. Despite these general parameters, because bankruptcy is federal law, there are some cases outside the Fourth Circuit that are included due to their influential and instructive nature. The intention of this update is to provide bankruptcy practitioners in Virginia with concise, yet compre-hensive, case summaries that will prove to be a valuable researchtool.

Reporting And Protecting Students From Child Abuse, Charles J. Russo

Educational Leadership Faculty Publications

A tragic reality of American life is that a significant number of children are abused and neglected, even killed, by the hands of their parents and caregivers. In fact, 2013 data from the Centers for Disease Control and Prevention reveal that 678,932 incidents of child abuse and neglect were reported to Child Protective Services (CPS) nationally, with about 27% of those cases involving youngsters under the age of three (CDC 2015).

Moreover, the CDC noted that the CPS data suggest that their reports may underestimate the occurrences of child abuse and neglect. That same report estimates that about 1,520 children …

Financing Education: An Overview Of Public School Funding, Charles J. Russo, William E. Thro, Frank M. Batz

Educational Leadership Faculty Publications

Financial resources for public education are increasingly scarce, and district leaders at all levels continue to struggle to maintain adequate levels of financial resources for their students and programs using complex funding formulas unique to their own jurisdictions. To help educators and education stakeholders better understand the dimensions of paying for public education, we begin with an overview of the historical development of school finance litigation that has shaped the funding mechanisms in most jurisdictions. The next section highlights developments in four representative jurisdictions from the funding formulas currently available in ASBO International’s Funding Formula Library. The library, available on …

Beginning With Brown: Springboard For Gender Equality And Social Change, M. Margaret Mckeown

San Diego Law Review

To paraphrase Winston Churchill, the Supreme Court’s opinion in Brown v. Board of the Education was not the end of litigation over discriminatory practices, nor was it the beginning of the end. It was, however, the end of the beginning. Brown marked a dramatic capstone to a series of lawsuits challenging the concept of “separate but equal” embodied in Plessy v. Ferguson. But it also signaled a new phase of civil rights litigation: advocates emboldened by Brown’s resounding endorsement of equality sought new constitutional protections against discrimination. Among them were women seeking to extend Brown’s logic towards a constitutional mandate …

Juridical Subordination, Roy L. Brooks, Kelly C. Smith

San Diego Law Review

The purpose of this Article is to play out the various conceptualizations of the black equality interest in post-civil rights America. How is the claim of juridical subordination manifested in current Supreme Court cases, and what might civil rights law look like if the Court were to avoid juridical subordination? Our ambition is not to analyze every landmark Supreme Court civil rights case—page limitations prevent us from doing that—but to provide a framework for analysis, setting the table for the juridical subordination inquiry. Furthermore, we do not here attempt to reconcile the disparate ways in which the black equality norm …

The Battle Of The Branches: The Impact Of The Judiciary And Title Vi On Desegregation In The American Public School System, Kelsey D. Mccarthy

San Diego Law Review

This Comment analyzes the debate regarding the catalyst for desegregation in the American public school system: judicial intervention or Congress’s legislative action, specifically through implementation of Title VI, which authorized revocation of funds to school districts that did not comply with the desegregation mandate. Part I will summarize the historical events and developments that paved the way to the Supreme Court’s decision in Brown. Part II looks at how the Brown decision alone was not enough to effectuate immediate change in southern schools, despite the court’s order in the second Brown decision, Brown v. Board of Education (Brown II) that …

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.

The Scope Of ‘De Novo’ Review Of An Arbitral Tribunal’S Jurisdiction, Darius Chan

Research Collection Yong Pung How School Of Law

In PT First Media TBK (formerly known as PT Broadband Multimedia TBK) v Astro Nusantara International BV [2014] 1 SLR 372 (“Astro”), the Singapore Court of Appeal held that the Court will apply a de novo standard of review when reviewing an arbitral award on the grounds of lack of jurisdiction. What exactly is the scope of de novo review? Specifically, can a party adduce before the Court fresh evidence that had not been put before the arbitral tribunal? Can a party insist that the Court re-hear oral testimony of witnesses who had testified before the arbitral tribunal?These separate but …

The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg

Duke Law Journal

How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company's stock can now be traded on up to sixty competing venues where a computer matches incoming orders. High-frequency traders (HFTs) post the majority of quotes and are the preponderant source of liquidity in the new market.

Many practices associated with the new stock market are highly controversial, as illustrated by the public furor following the publication of Michael Lewis's book Flash Boys. Critics say that HFTs use their speed in discovering changes in …

Defining Attempts: Mandujano's Error, Michael R. Fishman

Duke Law Journal

The law of attempt requires a court to determine when trying to commit a crime is, in itself, conduct that deserves criminal punishment. Common-law courts were cautious not to push the boundaries of attempt crimes too far, and early definitions of attempt required that a defendant come very close to the completion of an intended crime before he could be convicted. As Congress has codified criminal law, it has created attempt statutes without defining attempt, presumably believing that courts would continue to use common-law meanings as they had always done. This is exactly what happened until the late twentieth century, …

Symposium: Fighting Corruption In American And Abroad: Foreword, Jed Handelsman Shugerman

Faculty Scholarship

This Foreword focuses on a few related observations from the symposium. First, it summarizes Teachout's book, which inspired this symposium and which relied on history to undermine Citizens United. Second, it suggests that a more recent case in this Court's Term, Williams-Yulee vs. Florida Bar,⁸ also erodes Citizens United, at least a bit, by recognizing a compelling state interest in combating the appearance of corruption and bias in a new context: by embracing that corruption lurks in gray areas and the banality of campaign fundraising. Third, Pamela Karlan and Samuel Issacharoff once observed that money in politics …

Construction And Development Financing V1 & V2, Marshall E. Tracht, Alvin L. Arnold

Books

Providing innovative strategies for financing land acquisitions, construction, and development, Construction and Development Financing covers every aspect of negotiating ADC financing. Allowing fast, easy and on-point research, this book covers:

• The consequences of default

• Environmental assessments

• ADA compliance

• New money sources

• Lender liability

• Stalled nonresidential construction

• New FHA rules for condominiums

• Mitigating construction fraud

• A new program of tax credits

Section titles discuss:

• Land loans

• Land development loans

• Construction loans: application, underwriting approval, and commitment

• Enforcement and workouts

• Other financing transactions

• Public policy

• Much …

Property As Institutions For Resources: Lessons From And For Ip, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The idea of property in land as the paradigm case of property exercises despotic dominion over property thinking. From the perspective of evolving political economy, however, a land-centric model of property makes very little sense. Property institutions coordinate access to resources, and so it is reasonable to expect them to differ in ways that respond to the characteristics of those resources. The debate about whether intellectual property (IP) is property is instructive. IP scholars have pursued the property debate using a conceptual framework derived from common law real property doctrines and organized around the practical and theoretical problems associated with …

Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua

Research Collection Yong Pung How School Of Law

Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.