Law Commons^™

Corporate Tax Inversions: Battling The “Corporate Benedict Arnolds” By Means Of Analogizing To An Individual Taxing Regime, Mira V. Patel

University of the Pacific Law Review

No abstract provided.

Introduction, Rachael E. Salcido

University of the Pacific Law Review

No abstract provided.

Nicaragua’S Canal Initiative Endangers The Rights Of Indigenous And Afro-Caribbean Communities, Thomas M. Antkowiak

University of the Pacific Law Review

No abstract provided.

Ab 159: Can It Really Hurt “To Try”?, Randy W. Tong

University of the Pacific Law Review

No abstract provided.

The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa Jane Lindhorst

University of the Pacific Law Review

No abstract provided.

Work And The Legal Person In Thomas More's Utopia, Andreea D. Boboc

University of the Pacific Law Review

No abstract provided.

A Review Of University Responses To Informal Queries And Open Records Requests For Aggregate Hiring-Related Data, Sheila Brothers

MPA/MPP/MPFM Capstone Projects

Open records (OR) laws ensure that members of the public, including public managers, directors of nonprofit organizations, and individual citizens, have access to the records created by public agencies. Local government and state government agencies are generally recognized to be subject to OR laws, but so are Kentucky’s public universities. The author created a survey to review the responses to both an informal query and a formal open records request made of Kentucky’s eight public, four-year universities (Eastern Kentucky University; Kentucky State University; Morehead State University; Murray State University; Northern Kentucky University; University of Kentucky; University of Louisville; and Western …

Jail (E)Mail: Free Speech Implications Of Granting Inmates Access To Electronic Messaging Services, Brennen J. Johnson

Washington Journal of Law, Technology & Arts

The First Amendment protects not only our right to share ideas, but also to some extent, our right to choose the specific method by which we share them. Generally speaking, these protections apply to inmates’ rights to communicate with those outside of prison. However, the protection of those rights must be balanced with the penological interests of prisons and jails. Electronic messaging has now become a standard form of communication within most American homes and businesses. Accordingly, the Federal Bureau of Prisons has implemented the TRULINCS program, a program which allows inmates to communicate with those outside of prison through …

The Power Of Empathy, Elayne E. Greenberg

Faculty Publications

(Excerpt)

As colleagues in the dispute resolution field, we have likely participated in the ongoing, often heated debate about the role, if any, of empathy in dispute resolution. There are those colleagues who believe that empathy will only muck up what is really important, the bottom-line number and your evaluation about how to get there. On the other side of this controversy, there are seasoned colleagues who regularly use empathy as dispute resolution currency, often at the risk of being marginalized as “touchy feely” by those who don’t understand its value. To help us get past each other’s anecdotal justifications …

Police Suspects, Kate Levine

Faculty Publications

Recent attention to police brutality has brought to the fore how police, when they become the subject of criminal investigations, are given special procedural protections not available to any other criminal suspect. Prosecutors’ special treatment of police suspects, particularly their perceived use of grand juries to exculpate accused officers, has received the lion’s share of scholarly and media attention. But police suspects also benefit from formal affirmative rights that protect them from interrogation by other officers. Police, in most jurisdictions, have a special shield against interrogation known as the Law Enforcement Officers’ Bill of Rights (LEOBORs). These statutes and negotiated …

"Stamped With The Authority Of More Enlightened Patrons Of Liberty": Justice Scalia's "Federalist", Jacob Benson

University of Dayton Law Review

No abstract provided.

India's Participatory Model: The Right To Information In Election Law, Manoj Mate

Journal Articles

No abstract provided.

The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow

Articles & Chapters

Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.

Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley

Journal Articles

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long …

Is Assisted Procreation An Lgbt Right?, Michael Boucai

Journal Articles

A movement long identified with the notion that “love makes a family” today flirts dangerously with the dogma that “blood is thicker than water.” Biogeneticism, an ideology that favors biological modes of kinship and genetic conceptions of identity, informs many LGBT individuals’ choices about why and how to have children. In turn this ideology marks two troubling features of political efforts to facilitate LGBT parenthood: first, the markedly different understandings of equality — full versus formal, lived versus legal — that guide movement approaches to assisted procreation and adoption, respectively; and second, invocations of a fundamental “right to procreate” that …

Customs Law, Luis Arandia, Shane Devins, Vince Draa, Geoffrey Goodale, Patricio La Porta, Keith P. Larsen, Greg Kanargelidis, Daniel Kiselbach, Matt Nakachi, Ruta Riley

The International Lawyer

This article summarizes important developments in 2015 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian, Chilean, and European legal developments.

International M&A And Joint Ventures, Vanesa Balda, Marilen Figueroa, Gordon N. Cameron, Laura Fraser, Francisco Ugarte, Lucille Barale, H. Jayesh, Aditi Bagri, Aaheree Mukherjee

The International Lawyer

No abstract provided.

Law And Economics: Contemporary Approaches, Martha T. Mccluskey, Frank A. Pasquale Iii, Jennifer Taub

Journal Articles

A relatively narrow version of Law and Economics has dominated public policy for several decades. This school of thought has mainly focused on neoclassical microeconomics. It fails to recognize the pluralism of contemporary economics in general, and the relevance of macroeconomics in particular. So-called “market forces” are thoroughly intertwined with law and cannot be understood without some reference to history, sociology, psychology, and other social sciences. It is time for legal scholars to develop a law and economics curriculum that catches up with the advance of economics as a discipline.

The urgent challenges of the 21st Century also call for …

Much Ado About Transformativeness: The Seventh Circuit And Market-Centered Fair Use, Aaron B. Wicker

Washington Journal of Law, Technology & Arts

In Kienitz v. Sconnie Nation LLC, the U.S. Court of Appeals for the Seventh Circuit ultimately rejected the concept of transformative use having a central role within the doctrine of fair use. In doing so, the Seventh Circuit broke with judicial precedent, namely the Supreme Court’s holding in Campbell v. Acuff-Rose Music, Inc., where the Court unanimously held that the inquiry for the first factor of fair use is whether, and to what extent, the work is transformative. The Seventh Circuit’s 2014 decision raises questions about the scope of the holding in Campbell and about whether this holding …

Paying High For Low Performance, Steven A. Bank, George S. Georgiev

Articles

This Essay argues that regulatory reforms in the area of executive compensation introduced by the Dodd-Frank Act of 2010 have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay ratio disclosure, adopted in August 2015, and the rules on pay-versus-performance disclosure and the clawback of certain incentive compensation, proposed in April 2015 and July 2015, respectively, are also unlikely to succeed. For the most part, the rules are intuitive and well-intentioned, but a closer …

Canadian-Nigerian Human Rights Engagements (1999-2011): An Introduction, Obiora C. Okafor

Articles & Book Chapters

More contemporary Canadian-Nigerian human rights engagements have occurred against the backdrop of a relatively long history of engagement in this area between the two countries, and alongside an even longer history of Canadian-Nigerian relations more generally. These are histories within which one must situate the human rights engagements between these countries during the specific period under study here. As is well known, Canada established diplomatic relations with Nigeria shortly after Nigeria’s independence from British colonial rule in 1960. Nigeria reciprocated in 1973. It is noteworthy that Canada has for several decades now funded or otherwise supported many human rights efforts …

Canadian Strike Ballot And Notice Law: Barely A Tempest In A Teapot, Sara Slinn, Eric Tucker

Articles & Book Chapters

This article locates strike ballot laws at the intersection of two of labour law’s primary goals, promoting collective bargaining by responsible unions and reducing industrial conflict. Depending on their design, strike ballot laws may aim to protect democratic voice or to create an obstacle to engaging in lawful strikes. Strike ballot requirements in Canada were initially imposed during World War II primarily to reduce industrial conflict. The requirement was controversial and after the war most provinces opted not to make a strike ballot a condition of lawful strike action. Between the 1960s and the late 1990s, however, strike ballot votes …

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

The Future Of Chicana Studies: An Intergenerational Conversation With Historian Vicki L. Ruiz And Filmmaker Virginia Espino, Lori A. Flores

Journal of Feminist Scholarship

No abstract provided.

A History Of Their Own: A Conversation With Vicki L. Ruiz, Anupama Arora, Laura K. Muñoz, Sandrine Sanos

Journal of Feminist Scholarship

No abstract provided.

Creating Consciousness, Creating A Legend: A Conversation With Virginia Espino, Historian And Producer Of No Más Bebés (2015), Anupama Arora, Laura K. Muñoz, Sandrine Sanos

Journal of Feminist Scholarship

No abstract provided.

I Will Tell Your Story: New Media Activism And The Indian “Rape Crisis”, Rukmini Pande, Samira Nadkarni

Journal of Feminist Scholarship

This article analyzes the mediatized representations of the Indian “rape crisis” that gained global attention in the aftermath of the brutal gang rape of Jyoti Singh Pandey in New Delhi in 2012. While much attention was given to Leslie Udwin’s documentary on the incident, India’s Daughter (2015), which was subsequently banned by the Indian government, there were several other creative responses that attempted to negotiate with the meaning of the event. This article examines two such texts—the multimedia short story We Are Angry (2015) and the augmented-reality comic Priya’s Shakti (2014). Both these texts declare their intention to function as …

Effects Of The Illinois Budget Crisis On Home-Based Childcare Businesses, Okeycha Pettigrew

All Capstone Projects

There are over 800,000 children in Illinois that need to be placed in early learning programs. Many programs are closing due to the lack of financial support from government programs that provide financial assistance to parents who cannot afford to pay for childcare. The budget crisis that Illinois is currently experiencing has caused a decrease in funding early childhood education, and has cut many programs that are beneficial to home-based childcare businesses. What is happening to the children and the families that depend on childcare assistance? How does that affect the economy? What will happen to the communities that need …

Masthead

Saint Louis University Law Journal

No abstract provided.

Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai

Saint Louis University Law Journal

No abstract provided.