Law Commons^™

An Introduction To Foreign And International Legal Research Tools, Nick Harrell

Publications

No abstract provided.

Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky

Publications

No abstract provided.

Disclosure 2.0: Can Technology Solve Overload, Complexity, And Other Information Failures?, Erik F. Gerding

Publications

In recent years, securities law scholars have either renewed an old attack on mandatory issuer disclosure or questioned the effectiveness of securities disclosure in the context of modern financial instruments. Some scholars argue that mandatory disclosure rules prove ineffective because investors suffer from “information overload.” Others claim that securities disclosure cannot describe adequately the complexity of modern firms and finance. These academic criticisms of mandatory securities disclosure provide some of the intellectual underpinnings for recent efforts to roll back some mandatory securities disclosure rules, such as the SEC’s Disclosure Effectiveness initiative.

This Article questions these critiques of securities disclosure, including …

Whistling For The Dog In Affirmative Action, Daria Roithmayr

Publications

No abstract provided.

Emergent Works, Bruce E. Boyden

Faculty Publications

We are on the cusp of a significant transformation in how creative works are produced. Automated programs can now generate music, write poetry, pen news reports, create videos, and more. These computer-generated works pose a problem for copyright law, which has only rarely had to address a situation in which creative elements are produced without conscious decisions. The question of who authors such works, and thus has the initial rights to them, will become more pressing as computer programs not only improve their artistic mimicry, but become commercially successful at doing so.

In this Essay I draw three conclusions. First, …

Book Review Of Lizzie Borden On Trial: Murder, Ethnicity, And Gender, Linda K. Tesar

Library Staff Publications

No abstract provided.

Without Deference, Jeffrey A. Pojanowski

Journal Articles

This essay explores what judicial review of agency interpretations of law would look like if the Supreme Court abandoned Chevron deference in favor de novo review. It concludes that such an alternative regime has appealing features, but may not bring as much immediate, practical change as many critiques or defenses of Chevron presume. The largest change would come from how we think about law and policy in the administrative state. The theoretical scaffolding that would uphold a regime of non-deferential review is far more classical in cast than the moderate legal realism underwriting Chevron. The more traditional character of this …

Tax Treaties And The Taxation Of Services In The Absence Of Physical Presence, Michael S. Kirsch

Journal Articles

It is old news that modern technological developments have strained long‐standing international tax policies and principles. Tax treaties have attempted to keep pace by fitting these new developments within the existing framework. This brief article addresses one aspect of technological developments that can directly affect individual taxpayers—the increasing ability to deliver personal services electronically across borders, without the need for the service provider to have a physical presence in the “source” country. In particular, it focuses on recent developments with the U.N. Model, which may allow source‐based taxation of at least some types of services income even in the absence …

Green Infrastructure In The Community Ratings System: A Proposed Path To National Flood Insurance Program Recognition, Kevin Macwhorter, Kathleen Zaratzian

Virginia Coastal Policy Center

No abstract provided.

Crashing An Officers-Only Cav Party, Steve Tedder

Mighty Pen Project Anthology & Archive

Thirty years after Vietnam, an enlisted man attends a reunion intended only for the officer fliers of his troop. He finds a warm welcome, and learns, again, that all warriors are a band of brothers.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories …

The View Never Got Old, Alicia Dietz

Mighty Pen Project Anthology & Archive

In poetic fashion, a combat helicopter pilot contemplates the discipline of flying, and the losses she has suffered.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Pawns, Richard H. Geisel

Mighty Pen Project Anthology & Archive

A soldier accustomed to walking point in Vietnam finds himself on a different assignment, where he's troubled by so much sound and light.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Appeals Court Declines To Consider Immigrant’S Claim He’S Bisexual, Arthur S. Leonard

Other Publications

No abstract provided.

The Funny Thing About Forced Arbitration And The Cfpb, Joanne Doroshow

Other Publications

No abstract provided.

Lesbian Co-Parent Victory In Kentucky, Arthur S. Leonard

Other Publications

No abstract provided.

Servants Of Two Masters? The Feigned Hysteria Over Activist-Paid Directors, Yaron Nili

Faculty Scholarship

Directors of U.S. public firms have been paid for their directorship exclusively by the company in which they serve. Recently, however, activist investors have asked shareholders to elect director-candidates who received a lucrative compensation package from the activist in addition to their compensation arrangement with the company. Incumbent managers and their defenders, such as Wachtell, Lipton, have sharply condemned this practice, terming it a ‘Golden Leash’ that subjects the nominated director to the activist’s control. I explain why these critics are mistaken. Activist-paid directors can be expected to improve corporate performance at poorly performing firms, and the cost of such …

Incarceration Incentives In The Decarceration Era, Avlana K. Eisenberg

Vanderbilt Law Review

After forty years of skyrocketing incarceration rates, there are signs that a new "decarceration era" may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform. This Article scrutinizes the incentives of these industry stakeholders …

The Great Balancing Act: The Effect Of The America Invents Act On The Division Of Power Between The Patent And Trademark Office And The Federal Circuit, Samiyyah R. Ali

Vanderbilt Law Review

The United States Constitution grants Congress the power "(t)o promote the Progress of Science and useful Arts" by entering into a bargain that drives patent policy: Congress grants a patent to the inventor for a limited time, in exchange for the benefit to society of the invention. The Constitution empowered Congress with broad authority, and Congress has, as in many areas of the law, created several entities that shape patent policy. Despite Congress's creation of the United States Patent and Trademark Office ("PTO"), tasked with the regulation of patent applications and grants, courts-specifically semi-specialized appellate courts-have driven patent policy for …

Hist 340: American Legal History—A Peer Review Of Teaching Project Inquiry Portfolio, Katrina Jagodinsky

UNL Faculty Course Portfolios

This inquiry portfolio measures the success of revisions made to HIST 340: American Legal History after a previous benchmark portfolio revealed a number of problems in communicating to students the importance and meaning of the course objectives, in correlating assessments to the final grade, and in documenting student learning and quality of instruction. The findings, outlined below, indicate that identifying a clear course theme; more strongly aligning readings, assessments, and discussions to course objectives; and restructuring the verbal and written analysis of readings dramatically improved students’ performance and satisfaction. Measures used include formal and informal student evaluations of instruction, formal …

Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky

American Indian Law Review

No abstract provided.

Federal Statutory Responsibility And The Mental Health Crisis Among American Indians, Abilene Slaton

American Indian Law Review

No abstract provided.

Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy, Wyatt Swinford

American Indian Law Review

No abstract provided.

Capital, Inequality, And Self-Determination: Creating A Sovereign Financial System For Native American Nations, W. Gregory Guedel, Ph.D, J. D. Colbert

American Indian Law Review

No abstract provided.

Raising Capital In Indian Country, Evan Way

American Indian Law Review

No abstract provided.

The Dynamic Legal Environment Of Daily Fantasy Sports, Elizabeth Lohah Homer

American Indian Law Review

No abstract provided.

Why Foreign Policy Principles Persist: Understanding The Reinterpretations Of Japan’S Article 9 And Switzerland’S Neutrality, Yuki Numata

Pomona Senior Theses

This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the …

Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier

Pomona Senior Theses

The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that …

All’S Whale That Ends Whale: How Correctly Identifying Antarctic-Feeding Grounds Of Oceania Humpbacks Could Save An Endangered Population, Davey Holmes

Pomona Senior Theses

Although major whaling practices have ceased, increasing human involvement and influence in the world’s marine ecosystems continue to adversely effect global whale populations. It is a major concern throughout Antarctic waters, where endangered Oceania Humpback Whales (Megaptera novarangliae) annually feed. This study analyzes the extent to which a proposed marine protected area within the Ross Sea may indirectly harm the last remaining endangered population of Humpbacks. Using current satellite tracks of southern Humpback migrations, this model maps the effects of displaced Toothfish fisheries, and suggests further conservations efforts, based on New Zealand’s Precautionary Approach, to protect these vulnerable whales.

Us Government Antitrust Intervention In Standard-Setting Activities And The Competitive Process, Alden F. Abbott

Vanderbilt Journal of Entertainment & Technology Law

The private sector historically has driven the setting of technical standards in the United States, with the federal government only intervening in response to perceived violations of specific statutes, such as antitrust laws. This concern is reflected in case law and in advice proffered by US antitrust enforcers. Recently, however, US enforcers have turned their attention primarily to the alleged misuse of monopoly power over patents that cover technologies embodied in standards. This new focus threatens to undermine innovation and departs from sound antitrust enforcement policy. American antitrust enforcers should redirect their priorities away from alleged single-firm, patent-related abuses associated …

Publication Of Government-Funded Research, Open Access, And The Public Interest, Julie L. Kimbrough, Laura N. Gasaway

Vanderbilt Journal of Entertainment & Technology Law

Public access to government-funded research is an issue of tremendous importance to researchers, librarians, and ordinary citizens around the world. Based on the notion that taxpayers finance research through their tax dollars, research data should be available to them. Rapid, unfettered access to research publications provides access to medical research to patients, encourages further exploration and inquiry by other researchers, informs citizens, and advances scientific research.

Scientists typically write articles that divulge the results of their government-funded research. Prior to the open access movement, these articles were published in commercially produced journals. Subscriptions to these journals are expensive, and cost …