Law Commons^™

Avoiding Tax Avoidance: A Rational Proposal To Close Existing Loopholes In The U.S. Corporate Tax System, Davide Proietti

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

Editorial Board

FIU Law Review

No abstract provided.

Publisher

FIU Law Review

No abstract provided.

The Abuse Of Executive Power: Getting Beyond The Streetlight Effect ., David E. Bernstein

FIU Law Review

No abstract provided.

State Court Judges Are Not Bound By Nonoriginalist Supreme Court Interpretations, Lee J. Strang

FIU Law Review

No abstract provided.

State Legalization Of Marijuana As A “Diagonal Federalism” Problem, Brannon P. Denning

FIU Law Review

No abstract provided.

Government By Blog Post, Josh Blackman

FIU Law Review

No abstract provided.

Legislative Atrophy, Jesse Panuccio

FIU Law Review

No abstract provided.

Coming Out Of The Venire: Sexual Orientation Discrimination And The Peremptory Challenge, Jessica Satinoff

FIU Law Review

No abstract provided.

Aging Disgracefully: Do Economic Laws Remain Rational In Spite Of Changed Circumstances?, Johanna Talcott

FIU Law Review

No abstract provided.

Do Credit-Based Insurance Scores Proxy For Income In Predicting Auto Claim Risk?, Darcy Steeg Morris, Daniel Schwarcz, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Auto insurers often use credit-based insurance scores in their underwriting and rating processes. The practice is controversial—many consumer groups oppose it, and most states regulate it, in part out of concern that insurance scores proxy for policyholder income in predicting claim risk. We offer new evidence on this issue in the context of auto insurance. Prior studies on the subject suffer from the limitation that they rely solely on aggregate measures of income, such as the median income in a policyholder's census tract or zip code. We analyze a panel of households that purchased auto and home policies from a …

What If Fiduciary Obligations Are Like Contractual Ones?, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This essay, to appear in Contract, Status, and Fiduciary Law (Miller & Gold, 2016), explores three ways fiduciary obligations might be like contractual ones: in the methods lawmakers use or should use to determine the content of the obligation; in the private voluntary acts that generate the obligation; and in the fact that the obligation is a default that parties have the power to alter. The thesis is that to the extent that these similarities exist, they are not especially revealing. Theorists who emphasize the similarities commonly treat contract law as a private power-conferring rule, then analogize the law of …

Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon

Articles

This is a review essay based on an important recent book, The Entrepreneurial State: Debunking Public vs. Private Sector Myths, by Mariana Mazzucato, a Professor of the Economics of Innovation. In that book, Professor Mazzucato explains how the U.S. Government, acting as an “entrepreneurial state” has made the critical investments in technologies that have given rise to multi-billion dollar new industries. Mazzucato argues that only the State currently has the funds and incentives necessary to finance the earliest and most important phases of the innovation process, investments the private sector cannot and will not make. Mazzucato’s defense of the centrality …

Hillenmeyer, "Convenience Of The Employer," And The Taxation Of Nonresidents' Incomes, Edward A. Zelinsky

Articles

In Hillenmeyer v. Cleveland Board of Review, Ohio’s Supreme Court unanimously declared that Cleveland’s municipal income tax violated the Due Process Clause of the U.S. Constitution by taxing a nonresident athlete under the “games-played” method rather than the “duty-days” method. According to the Ohio court, the games-played approach overtaxed Mr. Hillenmeyer by allocating to Cleveland Mr. Hillenmeyer’s compensation from the Chicago Bears using the percentage of the Bears’ games played in Cleveland. By this approach, Cleveland taxed Mr. Hillenmeyer extraterritorially, reaching income he earned from services he performed for the Bears outside of Cleveland’s borders. Due Process, the Ohio …

The Entrepreneurial Commons: Reframing The Relationship Between Intellectual Property And Entrepreneurship, Michael J. Burstein

Articles

Reconceptualizing entrepreneurial activity as a knowledge commons leads us to ask a different set of questions than previous studies have, and to utilize a different set of methodological tools. As Part II described, existing approaches to understanding the relationship between IP and entrepreneurship focus on the firm and its reactions to various IP laws. By contrast, to the extent that the exemplar entrepreneurial activities described in Part III can be described as instances of commons governance, the analysis must necessarily be broader. The knowledge commons framework forces us to acknowledge that much of information production and dissemination depends on relationships …

Food For Thought: Should Libraries Partner With Nonlibrary Search Engine Providers For Their Opacs And Discovery Layers?, Michelle Wu

Georgetown Law Faculty Publications and Other Works

Since the development of integrated library systems (ILS) in the 1970s, the focus of developers and librarians has been on the “integrated” aspect, but with the advances in technology, the time has come for libraries to consider whether a disaggregated system would better benefit their users. This article seeks to make the argument that the design of a user-friendly public interface to library systems is ideal for partnerships with the broader search engine industry; such an approach would enable participants to harness their respective strengths while simultaneously limiting the effect of their deficiencies

Entire Issue Vol. 5 No. 6

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 5(6)

Compensation's Role In Deterrence, Russell M. Gold

Articles

There are plenty of noneconomic reasons to care whether victims are compensated in class actions. The traditional law-and-economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Rather than compensation deterring wrongdoing is tort law's primary economic objective. And on this score, law-and-economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving tort law's …

The End Of An Era? Federal Civil Procedure After The 2015 Amendments, Adam N. Steinman

Articles

The recent amendments to the Federal Rules of Civil Procedure were the most controversial in decades. The biggest criticisms concerned pleading standards and access to discovery. Many feared that the amendments would undermine the simplified, merits-driven approach that the original drafters of the Federal Rules envisioned and would weaken access to justice and the enforcement of substantive rights and obligations.

This Article argues that the amendments that came into effect on December 1, 2015, do not mandate a more restrictive approach to pleading or discovery. Although there was legitimate cause for alarm given the advisory committee's earlier proposals and supporting …

Artificial Nutrition And Hydration And The Patient In Persistent Vegetative State: Roman Catholic Magisterial Teaching On The Right To Refuse Medical Treatment Versus The Obligation To Provide Ordinary Care, Donald H.J. Hermann

University of Dayton Law Review

No abstract provided.

Evaluating The Inebriated: An Analysis Of The Hipaa Privacy Rule And Its Implications For Intoxicated Patients In Hospital Emergency Departments, Rebeccah Therkelson Raines

University of Dayton Law Review

No abstract provided.

Front Matter, Volume 40, Number 3, University Of Dayton

University of Dayton Law Review

Table of contents, administrative information, masthead

A Different Tack: The Case For A Least Restrictive Means Requirement For Summary Judgment, Joseph M. Clark

University of Dayton Law Review

No abstract provided.

Teacher Unions, The Right-To-Work And Fair Share Agreements, Charles J. Russo

Educational Leadership Faculty Publications

The status of collective bargaining in public education has been in an almost constant state of flux recently. More than 30 states have adopted laws that allow teachers and other public school employees to form unions to bargain collectively with their boards over the terms and conditions of their employment.

Amid debates over their status in public education, the Supreme Court has consistently upheld the right of unions to charge fair-share fees even as it limited their scope. Fair-share or agency fees are based on the premise that insofar as nonmembers benefit from union activities, they should have to pay …

The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer

School of Law Faculty Publications

In The Transformation of South African Private Law after Ten Years of Democracy, 37 COLUM. HUM. RTS. L. REV. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …

Digital Assets And Fiduciaries, Naomi R. Cahn, Christina Kunz, Suzanne Brown Walsh

GW Law Faculty Publications & Other Works

This chapter addresses the appropriate treatment of a person's digital life when the account holder can no longer manage it. As the Internet becomes an increasingly important presence in our daily lives, the law has a significant role to play in determining the management of digital assets upon the account holder's incapacity or death. In the past, people put hard copies of photos in albums, listened to record albums, and paid bills with a stamped envelope. Today, most people use the Internet to store photos, listen to music, and pay bills. Yet few people have considered how to dispose of …

Legal Adaptive Capacity: How Program Goals And Processes Shape Federal Land Adaptation To Climate Change, Robert L. Glicksman, Alejandro E. Camacho

GW Law Faculty Publications & Other Works

The degree to which statutory goals are pliable is likely to affect significantly the ability of an agency with regulatory or management responsibilities to achieve those objectives in the face of novel challenges or changing circumstances. This Article explores this dynamic by comparing the degree of “give” provided by the goals of the regimes governing management of the five types of federal public lands in responding to the challenges posed by climate change. It asserts that the extent of climate change adaptation in which an agency engages is influenced by a program’s legal adaptive capacity — the mutability of the …

Teaching Lawyering With Heart In The George Washington University Law School Domestic Violence Project, Joan S. Meier

GW Law Faculty Publications & Other Works

The Domestic Violence Project (DVP) began as an experiment and has become my favorite model for teaching law students about domestic violence work. The heart of the course is its emphasis on developing awareness of and compassion for the personally and emotionally challenging dimensions of this work. I achieve this (i) through a dialogue between students’ journals and my written responses, (ii) by inviting students to produce a creative project, and (iii) by teaching reflexively about vicarious trauma. Many students experience this course as an oasis of holistic professional and personal growth within the often dispiriting experience of law school.

The False Promise Of Custody In Domestic Violence Protection Orders, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This Article reveals the disconnect between the power and the will to enforce the custody and parenting time provisions of protection orders through criminal mechanisms and explores the further infirmity of civil enforcement by illustrating the shortcomings of available relief. Together, these barriers to effective enforcement threaten to render this court-granted protection meaningless and dangerously misleading. The barriers also undermine the many years of advocacy invested to secure these protections in the first place - reforms aimed at protecting victims and children from abusive parents.

This Article explores ways to bring together the will and the power to enforce all …