Law Commons^™

The Inexorable Rise Of The Vat: Is The Us Next?, Reuven S. Avi-Yonah

Law & Economics Working Papers

The rise of the Value Added Tax (VAT) from obscure beginnings in the 1950s to one of the most important taxes in the world (by revenue collected) is a story worth telling, and Kathryn James does a magnificent job in telling it in her new book. Despite its significance, very little is known about why so many countries have adopted the VAT and, in particular, why different countries adopt the types of VAT that they do. The popular mythology provides that the merits of the VAT have underpinned its global spread; however, this book contends that much scholarship on the …

Litigation Trolls, W. Bradley Wendel

Cornell Law Faculty Working Papers

Third-party financing of litigation has been described with a variety of unflattering metaphors. Litigation financers have been likened to gamblers in the courtroom casino, loan sharks, vultures, Wild West outlaws, and busybodies mucking about in the private affairs of others. Now Judge Richard Posner has referred to third-party financers as litigation trolls, an undeniably unflattering comparison to patent trolls. But what it is, if anything, that makes third-party financers “trolls”? Legal claims are, for the most part, freely assignable, the proceeds of claims are assignable, and various strangers to the underlying lawsuit, including liability insurers and plaintiffs’ contingency-fee counsel, are …

The Death Of Rules And Standards, Anthony Casey, Anthony Niblett

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

False Universalism Of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions And The Global South, Sujith Xavier

PhD Dissertations

Why are theories of global governance unsatisfactory? Why are theories of global governance unable to integrate the lived realities of the people of the global South? International law and its institutions are growing at an unprecedented speed and this expansion has captured the curiosity of international lawyers and international law scholars. As international law and its institutions continue to grow, there are concurrent concerns regarding their democratic foundations. A large body of scholarship encapsulates these anxieties through the prism of global governance. In particular, two specific theories of global governance, global constitutionalism, and global administrative law, seek to introduce ideas …

State Of Utah, Plaintiff/Appelle, V. Timothy Noble Walker, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for one count of aggravated assault, a third degree felony, in violation of Utah Code 76-5-103 (2)(b) (2012), in the Third Judicial District court, in and for Salt Lake County, State of Utah, the Honorable Mark Kouris presiding

Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins

Public Land & Resources Law Review

Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …

Obergefell V. Hodges: How The Supreme Court Should Have Decided The Case, Adam Lamparello

ConLawNOW

In Obergefell, et al. v. Hodges, Justice Kennedy’s majority opinion legalizing same-sex marriage was based on “the mystical aphorisms of a fortune cookie,” and “indefensible as a matter of constitutional law.” Kennedy’s opinion was comprised largely of philosophical ramblings about liberty that have neither a constitutional foundation nor any conceptual limitation. The fictional opinion below arrives at the same conclusion, but the reasoning is based on equal protection rather than due process principles. The majority opinion holds that same-sex marriage bans violate the Equal Protection Clause because they: (1) discriminate on the basis of gender; (2) promote gender-based stereotypes; and …

November 19, 2015: How To Defeat Isis, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Defeat ISIS“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

My Turn: Halting Refugee Admissions Is Misguided, Erin B. Corcoran

Law Faculty Scholarship

Article excerpt: In the aftermath of terrorist attacks in Paris, state governors from more than 25 states, including the governor of my state, New Hampshire, have stated that they are shutting down their borders and not allowing Syrian refugees to live in their states. While their pronouncements carry no legal weight, because state governors don’t have the authority to decide whether to admit refugees into the United States (that is the president’s prerogative), they are misguided and morally reprehensible.

Masthead

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Punitive Compensation, Cortney E. Lollar

Tulsa Law Review

No abstract provided.

Sex Trafficking On Indian Reservations, Gabrielle Mandeville

Tulsa Law Review

No abstract provided.

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Tulsa Law Review

No abstract provided.

Indorsing Infant Immunity: An Argument For Criminalizing Parents' Refusal To Immunize Their Children, Megan Elyse Waterman

Tulsa Law Review

No abstract provided.

Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan

Tulsa Law Review

No abstract provided.

Editor's Note, Alia Heintz

Tulsa Law Review

No abstract provided.

Practical Problems In Employment Law: Flma Notices And The Not-So-Reliable Mailbox Rule, Gina E. Mcandrew

Villanova Law Review (1956 - )

No abstract provided.

Utah Central Credit Union, Plaintiff/Appellee Vs. Steven H. Larsen, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Defendant appeals from the final judgment, and the underlying orders and rulings giving rise to that judgment, entered in the Fourth District Court, Utah County, American Fork Department, Case No. 140100216, the Honorable Thomas Low presiding

Dean's Desk: New Wintersession Offers Learning, Networking Opportunities, Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.

Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Reprinted from New England Journal of Public Policy 21, no. 1 (2006), article 9.

Wars Remembered (2003), Shaun O’Connell

New England Journal of Public Policy

O'Connell speaks about his father, among other war veterans, dealing with the effects of the wars they fought in. He explains his father's history from how he enilisted to how he died. He also touches upon other's war experiences and writing about the after effects of them as well.

Reprinted from New England Journal of Public Policy 19, no. 1 (2003), article 3.

State Of Utah, Plaintiff/ Appellee, V. Rick Jimenez Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal fro rn a conviction for burglary, in the Third Judicial District, Salt Lake County, the Honorable Denise P. Lindberg presiding

Us Leaders Cave To Popular Fear On Syrian Refugees, Lauren Carasik

Media Presence

No abstract provided.

Remax Elite Dba, Hilary "Skip" Wing, Aspenwood Realestate Corporation, Plaintiffs V. Still Standing Stable, Lc, Charles "Chuck" Schvaneveldt, And Cathy Code, Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE SECOND DISTRICT COURT, WEBER COUNTY, STATE OF UTAH THE HON. S. HYDE, CIVIL NO. 060906802

Cascadia Wildlands V. Bureau Of Indian Affairs, Hannah R. Seifert

Public Land & Resources Law Review

Cascadia Wildlands v. Bureau of Indian Affairs exemplifies the discretion agencies enjoy when determining how to organize and present information in environmental assessments. In a case of first impression, the court relaxed the extent of analysis necessary to comply with NEPA by allowing reasonably foreseeable future projects to be aggregated with past projects. Additionally, the court permitted the BIA to circumvent the FWS’s Recovery Plan for the northern spotted owl by holding that the CRA was subject only to the standards and guidelines of federal forest plans, not specific recovery plans.

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi

Journal of Intellectual Property Law

No abstract provided.

Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers

Journal of Intellectual Property Law

No abstract provided.