Law Commons^™

If You've Got The Money, I'Ve Got The Time: The Benefits Of Incentive Contracts With Private Prisons, Michael G. Anderson

Buffalo Public Interest Law Journal

Governments increasingly rely on private prison companies to manage the daunting demands associated with their ever- increasing prison populations. The private prison industry provides governments at all levels (federal, state, and local) with an alternative to the costly and time-consuming construction of additional public facilities. Governments, however, have all too often adopted a flawed pricing strategy, paying private prison companies fixed per diem rates to house prisoners. This model both incentivized and tolerated poor conditions with greater emphasis placed on the industry's bottom line than benefits to the state, the prison population, or society as a whole.

This article asserts …

Libertarianism And The Charitable Tax Subsidies, Miranda Perry Fleischer

Faculty Scholarship

Tax scholarship is largely silent about the interaction between libertarian principles and the structure of our tax system. If all taxation is indeed slavery, as Nozick suggested, why bother analyzing libertarianism for insights into our tax system? This dismissal, however, ignores the diversity of libertarian thought. To that end, this Article mines the nuances of libertarian theory for insights into one feature of our tax system: the charitable tax subsidies. One strand of libertarianism suggests that the charitable tax subsidies are in and of themselves illegitimate. Yet several other understandings of libertarianism see a role for the state to engage …

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

The Epistemic Neutrality Of The Marketplace Of Ideas: Milton, Mill, Brandeis, And Holmes On Falsehood And Freedom Of Speech, Christoph Bezemek

First Amendment Law Review

No abstract provided.

Fighting Slurs: Contemporary Fighting Words And The Question Of Criminally Punishable Racial Epithets, William C. Nevin

First Amendment Law Review

No abstract provided.

Integrating Project Evaluation Into Funding Environmental Sustainability At Universities, Warren G. Lavey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bursting The Bubble: Moving Toward "The Common Sense Principle" When Considering Air Aggregation Of Oil And Gas Facilities, Michael K. Reer

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Services Gone Wild: Has Wildlife Services' Predator Control Program Gone Too Far?, Alison J. Russell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Southern Water, Southern Power: How The Politics Of Cheap Energy And Water Scarcity Shaped A Region, Robert Montgomery

Water Law Review

No abstract provided.

International Law In Domestic Courts, David Sloss, Michael Van Alstine

Faculty Publications

Traditional accounts of international law in domestic courts focus on the distinction between monist and dualist legal systems. In monist systems, courts apply international law directly. In dualist systems, direct application is not an option, so courts apply international law indirectly, or not at all. Although this account is formally correct, it tells us very little about the functional role of domestic courts in the international legal system. In this chapter, we present a functional account that focuses on the distinctions among horizontal, vertical, and transnational legal obligations. Modern international law regulates horizontal relationships between states, vertical relationships between states …

Cyber Responsibility To Protect: Legal Obligations Of States Directly Affected By Cyber-Incidents, Oren Gross

Cornell International Law Journal

No abstract provided.

The Migration Of Women Domestic Workers From Sri Lanka: Protecting The Rights Of Children Left Behind, Rasika Jayasuriya, Brian Opeskin

Cornell International Law Journal

No abstract provided.

The Importance Of Understanding Sexual Violence In Conflict For Investigation And Prosecution Purposes, Anne-Marie De Brouwer

Cornell International Law Journal

No abstract provided.

The European Commission's Extraterritorial Jurisdiction Over U.S. Mergers And Acquisitions: Closing The Gap Between Brussels And D.C, Lea Verdy

Cornell International Law Journal

No abstract provided.

The Systematic Risk Of Private Funds After The Dodd-Frank Act, Wulf A. Kaal

Michigan Business & Entrepreneurial Law Review

The Financial Stability Oversight Council (FSOC) was created under the Dodd-Frank Act with the primary mandate of guarding against systemic risk and correcting perceived regulatory weaknesses that may have contributed to the financial crisis of 2008-2009. The Securities and Exchange Commission (SEC) collects data pertaining to private fund advisers in order to facilitate FSOC’s assessment of non-bank financial institutions’ potential systemic risks. Evidence that the SEC’s data collection encounters accuracy and consistency problems might hamper FSOC’s ability to evaluate the systemic risk of private fund advisers. The author shows that while the SEC’s data plays a crucial role in all …

Lessons From Institutional Shareholder Services: Governing Benefit Corporations' Third-Party Standard, Tammi S. Etheridge

Michigan Business & Entrepreneurial Law Review

Almost one hundred years ago, Henry Ford, as CEO of the Ford Motor Company, announced a plan to cease payment of special dividends to shareholders. Instead, the company would reinvest its profits to employ more workers and build more factories. Investing in new workers and factories would cut the cost of cars and make them affordable to more people. Ford publicly declared that his “ambition [was] to employ still more men, to spread the benefits of this industrial system to the greatest possible number, to help them build up their lives and their homes. To do this we are putting …

Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage

Michigan Business & Entrepreneurial Law Review

Rapid developments in digital technology over the past quarter century have made it easier than ever for people to create and instantly share content. These developments have served as the basis for countless innovations and have spawned some of today’s largest and most profitable companies. As content creation and distribution continues to evolve, businesses seek new ways to profit from these technological innovations. But while businesses continue to develop around new methods of content distribution, the law of copyright, which generally aims to encourage the creation of content, has been slow to adapt. This era of modern technological innovation thus …

Trust And Control: The Value Effect Of Venture Capital Term Sheet Provisions As Risk Allocation Tools, Jason M. Gordon, David Orozco

Michigan Business & Entrepreneurial Law Review

The parties to a venture funding agreement are in a state of coopetition. The parties account for perceived risk in the entrepreneur-investor relationship through varying levels of control demanded from and trust afforded to the other party. The level of risk perceived by each party may differ along individual aspects of the prospective equity deal. The provisions of the term sheet delineate the subjective risk perceptions of each party to the transaction by allocating control or trusting a party with decision-making rights. When negotiating term sheet provisions, a party should seek to understand and recognize the risk perceived by the …

Private Equity Investments In Microfinance In India, Hugh Manahan

Michigan Business & Entrepreneurial Law Review

A trail connects a skyscraper in Manhattan’s Financial District to a tiny food stand in a village in the southeast Indian state of Tamil Nadu. Initially wild and overgrown, the trail now resembles a well-developed road, cleared and shaped. The trail does not connect customers to call centers or raw materials to laborers; the path connects lenders seeking abnormal returns on their investments to borrowers living in poverty. This is the path of private equity investments in microfinance. Microfinance is a powerful financial innovation that has changed personal finance in many parts of the world. While microfinance began as non-profit …

Front Matter

Michigan Business & Entrepreneurial Law Review

No abstract provided.

Plenary Power Is Dead! Long Live Plenary Power, Michael Kagan

Michigan Law Review First Impressions

For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have reaffirmed plenary power. Instead, the Court produced a splintered decision that did neither. This Essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.

Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke

Michigan Law Review First Impressions

The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

Michigan Journal of International Law

This paper explores the feasibility of a formal legal regime for the restructuring of sovereign state debt and outlines a framework for such a mechanism. More than a decade ago, senior officials at the International Monetary Fund (IMF) proposed the creation of a formal sovereign debt restructuring mechanism (SDRM). The proposal received support, but was eventually abandoned. One factor that contributed to its demise was the unwillingness of IMF members to submit to a tribunal that would encroach on a state’s sovereignty. Another determinative factor was the ultimate opposition of the United States. Likely related to that opposition, and perhaps …

Riley’S Less Obvious Tradeoffs: Forgoing Scope-Limited Searches, Richard H. Mcadams

Articles

No abstract provided.

Halliburton, Basic, And Fraud On The Market: The Need For A New Paradigm, Charles W. Murdock

Villanova Law Review (1956 - )

No abstract provided.

Taking Back Takings Claims: Why Congress Giving Just Compensation Jurisdiction To The Court Of Federal Claims Is Unconstitutional, Michael P. Goodman Ph.D.

Villanova Law Review (1956 - )

No abstract provided.

The Voluntary Treatment Of Adults Under Guardianship, Richard C. Boldt

Villanova Law Review (1956 - )

No abstract provided.

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French

Villanova Law Review (1956 - )

No abstract provided.

Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson

Villanova Law Review (1956 - )

No abstract provided.

Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin

West Virginia Law Review

No abstract provided.