Law Commons^™

Information Technology And Learning On-The-Job, James Bessen

Faculty Scholarship

Economists disagree how much technology raises demand for workers with pre-existing skills. But technology might affect wages another way: through skills learned on the job. Using instrumental variables on 9 panels of workers from 1989 to 2013, this paper estimates that workers who use information technology (IT) have wage growth that is about 2% greater than non-IT workers, all else equal, implying substantial learning. This effect persists over time, implying sustained productivity growth from IT. Also, it benefits workers both with and without college degrees. Because many more college-educated workers use IT, college wages grow faster, contributing to economic inequality.

The Dormant Commerce Clause As A Limit On Personal Jurisdiction, John F. Preis

Law Faculty Publications

For over 70 years, the Due Process Clause has defined the law of personal jurisdiction. This makes sense, because being forced to stand trial in a far-off state will sometimes be fundamentally unfair. What does not make sense, however, is the Dormant Commerce Clause’s apparent irrelevance to personal jurisdiction. The Dormant Commerce Clause addresses state laws affecting interstate commerce, and a plaintiff’s choice of forum is often a commercially driven choice between different state courts. So why isn’t the Dormant Commerce Clause part of personal jurisdiction doctrine?

This Article makes the case for its relevance, and demonstrates how the Dormant …

Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State Income Taxes On Trusts (Powerpoint), Richard W. Nenno

William & Mary Annual Tax Conference

No abstract provided.

Tax Credits Basics & Update--Historic Tax Credits And New Markets Tax Credits (Powerpoint), Stephen M. Sharkey

William & Mary Annual Tax Conference

No abstract provided.

Choice Of Business Entity, C. Wells Hall Iii

William & Mary Annual Tax Conference

No abstract provided.

Purchase And Sale Ofllc And S Corp Targets (Powerpoint), Robert G. Mcelroy, William M. Richardson

William & Mary Annual Tax Conference

No abstract provided.

Dynamic Patent Disclosure, Jeanne C. Fromer

Vanderbilt Law Review

Those who tout the role of disclosure as a benefit of the patent system emphasize-as the Supreme Court has-that the information in patents "add[s] to the general store of knowledge [and is] of such importance to the public weal that the Federal Government is willing to pay the high price of ... exclusive use for its disclosure, which disclosure ... will stimulate ideas and the eventual development of further significant advances in the art." As I excavate in this Article, the current state of patent disclosure-which many think is poor and does not achieve its objective of stimulating innovation-is impoverished …

Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa

Law School Blogs

No abstract provided.

Why Lenity Has No Place In The Income Tax Laws, Andy S. Grewal

Missouri Law Review

This Article shows that courts should reject such arguments because the rule of lenity has no place in the construction of the income tax provisions in Subtitle A of the tax code. The rule of lenity makes sense when applied to a statute that compels or prohibits some type of behavior, but income tax provisions do not compel or prohibit anything. Those provisions simply describe consequences associated with particular transactions. Consequently, applying the rule of lenity can lead to anomalous results.

Marbury V. Madison And The Concept Of Judicial Deference, Aditya Bamzai

Missouri Law Review

Part I summarizes Marbury’s statutory analysis. Part II picks up that summary and analyzes each of the three types of “deference” discussed in the Marbury opinion. Part III provides some concluding thoughts.

Without Deference, Jeffrey A. Pojanowski

Missouri Law Review

I argue that such an alternative regime has appealing features but may not bring as much practical change as casual critiques or defenses of Chevron contemplate, at least immediately. The more immediate change would arise at the level of theory and rhetoric, which, in turn, may lead to greater practical changes in the longer run. The theoretical presuppositions underwriting a regime of non-deferential review are far more classical in cast than the moderate legal realism underwriting Chevron. Rejecting deference, therefore, would change how courts talk about the difference between law and policy in the administrative state. The resurrection of the …

The Mapmaker’S Dilemma In Evaluating High-End Inequality, Daniel Shaviro

University of Miami Law Review

The last thirty years have witnessed rising income and wealth concentration among the top 0.1% of the population, leading to intense political debate regarding how, if at all, policymakers should respond. Often, this debate emphasizes the tools of public economics, and in particular optimal income taxation. However, while these tools can help us in evaluating the issues raised by high-end inequality, their extreme reductionism—which, in other settings, often offers significant analytic payoffs—here proves to have serious drawbacks. This Article addresses what we do and don’t learn from the optimal income tax literature regarding high-end inequality, and what other inputs might …

The Heartbreak Of Not Making Automated External Defibrillators Available For Public Use, Samuel D. Hodge Jr., Daria Koscielniak

University of Miami Law Review

An automated external defibrillator (AED) is one of the greatest advancements in defibrillator technology in the past several decades. Its purpose is to treat sudden cardiac arrest, the leading cause of death in this country. An AED checks the heart’s rhythm and will dispatch an electric jolt when needed to reestablish the organ’s normal electrical pattern. The magic of this portable device is that anyone can use it and it is relatively inexpensive to purchase. Studies have shown that access to AEDs can improve the odds of surviving a cardiac arrhythmia outside of the hospital and the American Heart Association …

Legal Paternalism And The Eclipse Of Principle, R. George Wright

University of Miami Law Review

Legal paternalism involves, very roughly, requiring persons to do something for their own good. We often think of debates between legal paternalists and non-paternalists as taking place largely at the level of broad, basic principle. This Article argues, however, that in our culture, disputes over the proper scope of legal paternalism will increasingly focus not on issues of basic principle, but on much more detailed, concrete, particular, contextualized matters. The four major reasons for this eclipse of basic principles bearing upon legal paternalism are herein identified, explored, and illustrated.

Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila

University of Miami Law Review

As of 2015, the American entertainment market was worth about $600 billion, and it is projected to substantially exceed that figure in coming years. The global entertainment industry is worth about $2 trillion, meaning the U.S. is responsible for over a quarter of total global entertainment revenue. These statistics illustrate the staggering impact of the American entertainment industry on the global markets for film, television, and music. The American music industry is particularly dominant in its global market, earning half of world-wide sync revenues and accounting for nearly a third of all global music revenue. Entertainment is clearly the United …

Bringing Balance To The Force: The Militarization Of America’S Police Force And Its Consequences, Anta Plowden

University of Miami Law Review

The current trend in the militarization of police can be traced back to the earliest times in our country. We are soon approaching a tipping point in which the combination of aggressive military tactics, wrongful deaths and injuries, and a lack of accountability will lead to an increase in civil unrest and animosity towards those who have sworn to uphold the law. In an ironic twist of fate, the military force, which law enforcement is trying to emulate, has made sharp adjustments in the way it operates due to the missions in Iraq and Afghanistan. It has adopted more police-like …

A Promise Realized? A Critical Review Of Accountable Care Organizations Since The Enactment Of The Affordable Care Act, Jean Phillip Shami

University of Miami Law Review

As the six-year anniversary of the passage of the Affordable Care Act (“ACA”) comes to a close, a critical review of one of the key inventions of the ACA—Accountable Care Organizations (“ACOs”)—is timely as part of the greater narrative around affordable, quality health care in America. This Comment begins with a discussion of the statutory creation, philosophy and vision, and organizational structure of ACOs in the context of the passage of the ACA in 2010. Then, it will critically review ACOs from three perspectives based on the ACO model’s mission to provide better care for more people at a lower …

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

Law Student Publications

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia‘s justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This article examines developments in Virginia civil procedure and practice in the past year. The survey includes a discussion of the relevant decisions from the Supreme Court of Virginia, changes to applicable rules of practice or procedure, and new legislation, which will likely affect the practice of a civil practitioner in the Commonwealth of Virginia.

Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

Over the past three years, there have been a number of legislative changes to Virginia's business entity statutes. In Part I,this article highlights the changes to the Virginia Stock Corporation Act ("VSCA") and the Virginia Nonstock Corporation Act ('"VNSCA"). Part II highlights changes to the Limited Liability Company Act ("LLC Act"). Part III summarizes Virginia's new intrastate crowdfunding law. The Supreme Court of Virginia has also addressed several significant issues over the last three years, including the applicability of appraisal rights in a stepped transaction. Part IV reviews several of the significant cases during this period.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.

Foreclosure Of A Deed Of Trust In Virginia, Doug Rendleman

University of Richmond Law Review

This article deals with foreclosure of a deed of trust in Virginia.

The Introduction discusses the deed of trust or mortgage as a social

and political institution and the foreclosure crisis that seems

to be ending. Part I is a brief history of mortgage law. It provides

a short history of the modern mortgage system in the United

States. Part II follows with a description of the approach that

Virginia takes to mortgages. It localizes the mortgage institution

to Virginia and introduces Virginia's vocabulary and technical details,

the deed of trust, and the parties' rights and obligations.

Part III provides …

Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon

University of Richmond Law Review

No abstract provided.

Boycotting The Super Bowl: Nflpa’S Opportunity To Right Contractual Wrongs And Obtain Bargaining Power, Matthew Lobello

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Football is by far America’s most popular sport. The National Football League’s (“NFL”) revenue is projected to be $13.3 billion in the 2016 season, and has grown by nearly 50% since 2010. This is more than any of their competing sports leagues. As of July 1, 2016, Major League Baseball (“MLB”) grosses the second highest revue total at $9.5 billion, followed by the National Basketball Association (“NBA”) at $4.8 billion, and the National Hockey League (“NHL”) at $3.7 billion.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 1, 2016. The original post …

The New School Segregation, Erika K. Wilson

Cornell International Law Journal

No abstract provided.

The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii

University of Richmond Law Review

Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.

In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …

Civil Liability Of The Air Carrier For The Damage Of Terrorism Against The Security And Safety Of The Civil Aviation Accordance To The Uae Law And International Agreements, ناعمة علي سلطان الزعابي

Theses

Displays of civil aviation in recent times for the most terrorist operations that targeted the stability of the sector, as witnessed in 2016 the largest terrorist attacks against civil aviation hijacking civilian aircraft, or explode, or even harm the safety of air transportation facilities such as airports, and all those threats led to the decline in the economy airlines, which is why we stand on the causes and consequences in order to preserve the security of individuals from the exploiters of the air transport sector, as well as to preserve the security and the national economy.

In application of the …

Foreword, Deborah W. Denno

Fordham Law Review

This Foreword provides an overview of Criminal Behavior and the Brain: When Law and Neuroscience Collide, a symposium hosted by the Fordham Law Review and cosponsored by the Fordham Law School Neuroscience and Law Center. While the field of neuroscience is vast—generally constituting “the branch of the life sciences that studies the brain and nervous system”— this symposium focused on the cutting-edge ties between neuroscience evidence and the different facets of criminal law. Such an intersection invited commentary from an expert group on a wide span of topics, ranging from the historical underpinnings between law and neuroscience to the …

Correctional Change Through Neuroscience, Arielle R. Baskin-Sommers, Karelle Fonteneau

Fordham Law Review

Currently, the U.S. criminal justice system is under intense scrutiny. High- profile cases question the appropriateness of specific types of evidence, decision making in sentencing, and the treatment of convicted offenders. Clearly, these issues are not new. And, as has been historically the case, the justice system looks toward science for assistance in addressing and redressing problems with the delivery of justice.

How Prosecutors And Defense Attorneys Differ In Their Use Of Neuroscience Evidence, Deborah W. Denno

Fordham Law Review

Much of the public debate surrounding the intersection of neuroscience and criminal law is based on assumptions about how prosecutors and defense attorneys differ in their use of neuroscience evidence. For example, according to some commentators, the defense’s use of neuroscience evidence will abdicate criminals of all responsibility for their offenses. In contrast, the prosecution’s use of that same evidence will unfairly punish the most vulnerable defendants as unfixable future dangers to society. This “double- edged sword” view of neuroscience evidence is important for flagging concerns about the law’s construction of criminal responsibility and punishment: it demonstrates that the same …