Law Commons^™

Electing Prosecutors Based On Their Convictions, Ryan Edwards

Nevada Law Journal

Prosecutors wield broad influence over criminal cases due to their power of prosecutorial discretion. In recent years, a growing number of prosecutors are exercising that discretion by crafting policies that deprioritize or decline prosecution of entire categories of crimes. Because most state and local jurisdictions in the United States elect their head prosecutor, policy-based prosecutorial discretion can even become an electoral strategy for voters who seek to express displeasure with certain categories of criminal laws.

Following the reversal of Roe v. Wade in 2022, criminalized abortion has become one such category of law in many states. The 2022 midterm elections …

A Major Question: Has Osha Missed Its Opportunity To Regulate Medical Residentduty Hours?, Anthony Anguille-Valles

Nevada Law Journal

Medical residents fall into a category of workers perpetually overlooked by the Occupational Safety and Health Administration (“OSHA”) due to their dual role as employee and trainee. Despite OSHA’s knowledge of the often life-threatening safety and health hazards medical residents face in the workplace pursuant to their uniquely arduous working conditions—most notably their duty hours—it has declined repetitiously to exercise its authority under the Occupational Safety and Health Act to intervene. While OSHA’s past failure to intervene should not hinder it from exercising its statutory authority to protect medical residents in the workplace today, SCOTUS’ recent efforts to curb administrative …

Standards In Law, Amanda Mccormick

Law Librarian Contributions to Books

Published as Chapter 12 in Teaching and Collecting Technical Standards: A Handbook for Librarians and Educators, Chelsea Leachman, Erin M. Rowley, Margaret Phillips & Daniela Solomon, eds.

This case study introduces students to how and why federal agencies use standards in regulations. Students will apply this learning in a homework assignment in which a law firm partner asks the student to research current regulations that may be applicable to a potential client. The assignment is designed for upper-level undergraduate students with an interest in law and policy.

Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams

Faculty Publications

No abstract provided.

Staff Matters: Supporting Employees After A Maternity Leave, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article reviews federal law regarding employer obligations to new mothers, including the Fair Labor Standards Act and the Providing Urgent Maternal Protections for Nursing Mothers Act. The article contains suggestions for ways to support new mothers returning to work in a practice. This article is an installment of the MDA Journal’s monthly Staff Matters^® department.

Procompetitive Justifications In Antitrust Cases Related To Companies' Coordination On Technology Development That Can Benefit Consumers And The Environment, Annie Soo Yeon Ahn

Denver Law Review Forum

As concerns about the environment increase, consumers have reportedly become more willing to purchase environmentally friendly products and services. To accommodate this, companies are developing environmentally friendly goods, which involves coordination among companies with similar goals. Annie Soo Yeon Ahn suggests that antitrust enforcement agencies and courts should carefully consider procompetitive justifications in antitrust cases concerning coordination on technology development. Further, procompetitive justifications should be considered when determining whether to apply the per se analysis or the rule of reason analysis.

The Problematic Forgotten Buyback, Yesha Yadav

Vanderbilt Law School Faculty Publications

Totaling in excess of $100 billion dollars in transactions annually, debt buybacks allow a company to repurchase bonds from investors, rewriting bargains and stripping away creditor control rights in the process. This Article shows that regulation systematically underprotects bondholders in the context of debt buybacks. It makes three points. First, bondholders confront information asymmetries that enable issuers to buy back creditor claims cheaply. Regulation imposes near negligible requirements on issuers to disclose information about the transaction. Lacking fiduciary protection, bondholder interests are vulnerable to being extinguished by issuers in the interests of promoting those of shareholders and managers. Second, buybacks …

One Of The Safeguards Of The Constitution: The Direct Tax Clauses Revisted, James W. Ely Jr.

Vanderbilt Law School Faculty Publications

James Madison's insistence that the apportionment rule governing the imposition of direct taxes by Congress was a constitutional safeguard highlights a puzzle that has plagued constitutional law since the early days of the Republic. The Constitution does not bar Congress from imposing direct taxes, but twice provides that direct taxes "shall be apportioned among the several States which may be included within this Union, according to their respective Numbers." In times of crisis, notably during the War of 1812 and the Civil War, Congress levied direct taxes on real estate and slaves. It specified the aggregate amount to be collected …

Artificial Intelligence And Interspecific Law, Daniel J. Gervais, John J. Nay

Vanderbilt Law School Faculty Publications

Several experts have warned about artificial intelligence (AI) exceeding human capabilities, a “singularity” at which it might evolve beyond human control. Whether this will ever happen is a matter of conjecture. A legal singularity is afoot, however: For the first time, nonhuman entities that are not directed by humans may enter the legal system as a new “species” of legal subjects. This possibility of an “interspecific” legal system provides an opportunity to consider how AI might be built and governed. We argue that the legal system may be more ready for AI agents than many believe. Rather than attempt to …

Fine Balance: Empire, Neoliberalism And The Fair And Equitable Standard Of Treatment In International Investment Law, Sannoy Das

Vanderbilt Law School Faculty Publications

In this article, I show how the framework of empire remains central for analyzing contemporary international investment law. Moving beyond criticisms about the domination of global South polities by the West, or by a transnational capitalist class, I suggest instead that ‘empire’ can help us analyze the protocols of reasoning in investor-State arbitrations. Through a close reading of scholarship on the fair and equitable (FET) clause, and a recent arbitral award arising out an FET claim, I show that the field is characterized by an imperial mode of legal reasoning. This mode was reason was produced by a foundational distrust …

United States Department Of Education Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (September 2023)

Copyright, Fair Use, Scholarly Communication, etc.

DoED response to OSTP memo, 2022: Public Access Plan (September 2023)

Freestone, Plaintiffs V. Linda Povey; Mid­ Century Insurance Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second Judicial District Court, Weber County, State of Utah. from an order granting summary judgment in favor of defendants/appellees. Judge Jennifer Valencia presiding, civil case number 210901418

Brett D. Cragun Cragun & Cragun Attorneys for Plaintiffs/Appellants

Stuart H. Schultz: Chet W. Neilson Strong & Hanni PC Attorneys for Defendants/Appellees

J Mich Dent Assoc September 2023

The Journal of the Michigan Dental Association

Reports from the deans of Michigan’s two dental schools covering the past year’s activities serve as the dual cover stories for this issue. Other feature articles include a discussion of professionalism, a diagnostic challenge describing adenomatoid odontogenic tumor, and a memorial tribute to recently deceased MDA Executive Director Karen Burgess. Monthly departments include Dentistry and the Law, Staff Matters^® human resource guidance, MDA Services (endorsed programs), MDA Foundation, news updates in News You Need, and more.

Architects, Artists, Photographers, Property Owners, The Public And Their Rights: Reconciling Vara, The Awcpa, And Copyright Fundamentals, David E. Shipley

Scholarly Works

Murals, sculpture, and other works of visual art have been parts of buildings, monuments and other structures for centuries, but copyright infringement litigation in the federal courts between artists, architects, photographers, and building owners is a relatively recent phenomenon. The outcome of these lawsuits has an impact on the public seeing works of visual art; experiencing works of visual art on buildings, monuments, and structures; and, looking at photographs of visual art on or in those architectural works. This article focuses on how the Copyright Act’s protection of artists’ rights in their works of visual art on buildings under the …

Re-Thinking The “Reasonableness Test” In Policing Forum Selection Clauses In U.S. Courts In Light Of The Hague Convention On Choice Of Court Agreements, Youseph Farah

Journal of Maritime Law and Commerce

No abstract provided.

Maritime Liens: An Endless Torpedo For Foreign Flagged Vessels In Turkish Seas, Cuneyt Suzel

Journal of Maritime Law and Commerce

No abstract provided.

Law Library Blog (September 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Artificial Intelligence Regulation, Minimum Viable Products, And Partitive Innovation, Matthew R. Gaske

Emory Law Journal Online

This Essay identifies entrepreneurs’ experimentation with minimum viable products (“MVPs”) as a means for proposed AI-specific regulation to constrain innovation in other markets. To that end, the Essay coins the term “partitive innovation” to describe a business’s perspective when it uses a domain-agnostic, highly generalizable technology to introduce a product to a particular market, thereby eliciting overbroad domain-specific regulations that impair alternative innovative uses of the underlying technology. This process is unfolding with AI, as broadly constructed proposed regulation can restrict innovation in adjacent fields by shifting software MVPs’ mainly ex post regulatory regime to one with recurring duties or …

Refining Contract Management: Essays On Relational Contracting, Transaction Costs, And Text Analysis, Timothy E. Landucci

Theses and Dissertations

This dissertation refines defense contracting by addressing aspects of managing contractual relationships. While the setting and data relate to defense contracts, the lessons can be expanded to nonprofit contracting beyond defense and even to contract management in general. First it presents a game theoretic model of a relational contract between a for-profit supplier and a non-profit buyer and explores how the model could be used to promote stability, manage costs, enhance cooperation, and encourage long-term capacity. The dissertation then explores governance alignment using transaction cost economics (TCE) and Department of the Air Force contracting data. One analysis uses data from …

Safeguarding Taxpayer Data, Michael Hatfield

Articles

The Internal Revenue Service (IRS) collects more information on more individuals than any other government agency. The information is not only financial but personal, potentially including information about health care needs and decisions; the caregivers, disabilities, and foreign birth of children; the educational progress and felony convictions of students; and one’s religious and charitable associations. In acknowledging the vast quantity of information held by the IRS, and the necessity of taxpayers trusting tax administrators with their information, Congress provided greater protection for taxpayer information under the Internal Revenue Code (IRC) than it was provided under the Privacy Act. Congress obligated …

Table Of Contents

South Carolina Journal of International Law and Business

No abstract provided.

Faculty

South Carolina Journal of International Law and Business

No abstract provided.

Rico’S Long Arm, Randy D. Gordon

South Carolina Journal of International Law and Business

RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …

Editorial Board And Staff

South Carolina Journal of International Law and Business

No abstract provided.

Submission Information

South Carolina Journal of International Law and Business

No abstract provided.

Title Page

South Carolina Journal of International Law and Business

No abstract provided.

Dispute Resolution In The Badminton World Federation: Sui Generis Expert Determination?, Ilias Bantekas

South Carolina Journal of International Law and Business

The Badminton World Federation (BWF) has set up a poly-tiered dispute resolution mechanism to deal with alleged breaches of its institutional statutes. It calls these ‘judicial’ bodies even though they are not established by law. They consist of the Independent Hearing Panel (IHP) and the Sports Dispute Panel (SDP). The former entertains mostly governance-related disputes while the SDP enjoys jurisdiction for substantive sports disputes. The IHP also serves as an appellate forum against SDP decisions. Neither of these entities has been endowed with arbitral qualities and the BWF dispute settlement architecture is paradigmatic of expert determination. The two ‘judicial’ entities …

Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines

South Carolina Journal of International Law and Business

No abstract provided.

Challenges Of Merger Control In The Ggc, Talal Al Awadhi

South Carolina Journal of International Law and Business

This research study investigated the challenges confronting Gulf Corporate Council (GCC) states in merger control. For the purpose of this research, the term merger control is used to refer to the law and regulations on how anticompetitive mergers should be identified, controlled and/or prevented. This research study was carried out using a secondary data analysis. The secondary data was collected from the literature. Research findings indicate that mergers in general are underdeveloped in GCC states. As a result, the law on merger control has lagged severely behind developed states. Research findings also indicate that there are four main challenges to …

It Is Imperative To Perform Event Studies Only With High-Frequency Intraday Data For Securities Litigations And Valuations, Rajeev R. Bhattacharya, Joseph J. Bial, Alex J. Evans

Journal of International Business and Law

We provide an overview of the legal framework for the analysis of market efficiency in securities class actions. Analyzing all publicly traded U.S. stocks for 2014 - September 2021, using intraday data from TAQ, TRACE, I/B/E/S, and Capital IQ, using daily data from CRSP, Compustat, CRSP-Compustat Merged Database, and FRED, we find that all reaction, overreaction, correction, overcorrection, bounceback, etc., for equities, are systemically all out of the system within two hours after a potentially material event. Therefore, it is imperative to use high-frequency intraday data for event studies and market efficiency work, in the case of every securities litigation …