Law Commons^™

Fallout And Fiduciary Duty, Russell Powell

UC Law Business Journal

No abstract provided.

When Debt Gets A Makeover, Taxes Follow, Doron Narotzki

UC Law Business Journal

The taxation of debt modifications is a complex and crucial area of tax law, significantly impacting both corporate finance and the broader economy. This article explores the complex legal and economic implications of modifying debt instruments, focusing on the key provisions of the Internal Revenue Code (IRC) and covers the foundational principle of “realization,” which governs the recognition of income, gain, or loss when a debt modification is deemed significant under Treasury Regulation § 1.1001-3. The article delves into the tax consequences for both debtors and creditors, highlighting the potential for Cancellation of Debt Income and the challenges of managing …

Repaving The Path For The Immigrant Investor, Nathan Quach

UC Law Business Journal

No abstract provided.

Pop Culture Depictions Of Diversity In Business – Mad Men, Super Store, And Barbie, Akshaya Kamalnath

UC Law Business Journal

We have come a long way from only having women in the secretarial pool (as depicted in M ad Men), to having women and racial minorities in the workforce (as depicted in Super Store), to a company that creates a fictional world where women hold all the top positions (Barbie). Both Mad Men and Super Store are American TV shows – Mad Men was made in the present- day to depict life in the world of advertising agencies in New York in the 60s. Super Store is a series on Netflix about the issues workers face in a big company …

The Internal Law Of Democracy, Kevin M. Stack

Vanderbilt Law Review

The conventional focus of election law is the constitutional, statutory, and judicial constraints on election officials. But the operation of elections also depends on the law that election officials themselves create. This “internal law of democracy”—produced by state and local election officials and addressed to election personnel and workers—provides on-the-ground guidance on registration, voting, and vote counting; specifies internal processes and protocols; and interprets and translates the meaning of constitutional and statutory law for use within the election bureaucracy.

This Article initiates examination of the internal law of democracy. The Article begins by introducing the idea of internal law—developed in …

Genealogy In Constitutional Law, Charles W. Tyler

Vanderbilt Law Review

Genealogy is a form of argument that seeks to discredit social phenomena by exposing their pernicious ancestry. In recent years, the U.S. Supreme Court has used genealogy to undermine key provisions of written law, doctrinal rules, longstanding practices, and private conduct in cases involving a wide range of constitutional issues.

After comprehensively documenting this development, this Article contends that genealogy can advance conclusions within several widely recognized modalities of constitutional interpretation. More specifically, genealogy can be used to undermine assertions of authority implicit in arguments from precedent, tradition, and ethos. And it can be used to reveal its object’s function …

Feasibility Study And Implementation Of Solar-Wind Energy Integration For Green Hydrogen Production At Dar Es Salaam Port, Nassibu Nassoro Kiobya

World Maritime University Dissertations

No abstract provided.

Legal Considerations Relating To The Operation Of Submersible Craft Reflections On The Tragedy Of Titan : The U.S. Legislation As A Model, Ali Mohammad Mutleq Alghneimin

World Maritime University Dissertations

No abstract provided.

The Relationship Between The International Climate Regulation And Marine Insurance, Yuen Tung To

World Maritime University Dissertations

No abstract provided.

An Analysis On Fiji’S Readiness To Establish Open Ship Registry System, Nanise Rabe

World Maritime University Dissertations

No abstract provided.

Kenya And The Bbnj Agreement : Focusing On The Importance Of Ratification And Implementation Of Area-Based Management Tools Including Mpas Why Kenya Should Ratify And Implement The Bbnj Agreement, Andrew Lumbasi Barasa

World Maritime University Dissertations

No abstract provided.

Evaluation Of Port Reception Facilities And Ship-Generated Solid Waste Management : A Case Study Of Apapa Port, Nigeria., Abdullahi Gambasha Barau

World Maritime University Dissertations

No abstract provided.

The New Social Contracts, Andrew Keane Woods Professor Of Law

Vanderbilt Law Review

Contracts rule our digital world. Platform terms of service determine speech rights, privacy rights, and much more. This is no accident—from the very beginning, the U.S. model of internet governance was explicitly built around private ordering. In this context, it is worth asking what contract law and contract scholarship have to say about the public harms of digital dealmaking.

The answer, quite surprisingly, is: not much. To be sure, the rise of the digital economy has generated over two decades of sustained scholarship and several huge national reform efforts aimed at updating contract law. But this work has largely focused …

Dismantling A Marketplace For Private Violence: Reclaiming The Modern Weapons Of War To Forestall Filibusters Of The Web, Rachel Dodge

Vanderbilt Law Review

Civilian military activism is a challenge that U.S. policymakers have struggled with since the Founding. The United States’ first answer to this issue was the Neutrality Act of 1794, which embodied the young nation’s rejection of private violence and fear of being dragged into international conflicts by overzealous citizens. For decades, the Neutrality Act remained an important tool in the government’s repertoire and was amended to close newfound loopholes and respond to evolving technologies. In the mid-1800s, however, the government’s enforcement efforts waned, culminating in a period where the acts of the government and those of the governed bled together …

Artificial Intelligence & Criminal Justice: A Primer, Benjamin Perrin

All Faculty Publications

The UBC Artificial Intelligence & Criminal Justice Initiative empowers students and scholars to explore the opportunities and challenges at the intersection of AI and criminal justice through teaching, research, public engagement, and advocacy.

In Re Polo Grounds Area Project I: Lessons From A Forgotten Lawsuit, Robert M. Jarvis

Touro Law Review

In 1961, the City of New York, using its eminent domain power, took title to the famed Polo Grounds. In 1967, in the Polo Grounds Area Project II case, the New York Court of Appeals ordered the City to pay millions of dollars in compensation to the site’s owners. This Article recalls the much more obscure Polo Grounds Area Project I case. Decided in 1964, it represents the opening act in the legal drama set off by the New York Giants’ move to San Francisco. It also provides guidance on three subjects important for practicing lawyers: 1) the correct method …

Masthead

Touro Law Review

No abstract provided.

The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso

Touro Law Review

Cryptocurrency is something that many people have heard of, but few truly understand the totality of it. From its emergence to the present form, cryptocurrency has become an innovative technology which has changed the way in which we use money. As seen time and time again, where there comes new technology comes governmental authorities introducing new laws to regulate these emerging industries. The aim of these laws and regulations is to protect consumers, but it is imperative not to overregulate the industry. The goal of regulation is to allow consumers to enjoy the benefits of the industry; however, one cannot …

Protection In A Virtual Reality: The Dire Need For Trademark And Copyright Law Expansion To Encompass Digital Content Within The Metaverse, Amber N. Roibu

Touro Law Review

The Metaverse has gained much popularity in recent years, leaving some people with a feeling of uncertainty, but all the while intriguing many others. The multifaceted interactions and activities that take place within the Metaverse have made it a virtual world fertile for not only creative expression but also infringement of existing trademark and copyright protected works. Hand-in-hand with the development of the Metaverse has come the fast-growing interest in buying and selling virtual goods, properties, and non-fungible tokens. To preserve their reputation, avoid costly litigation, and ultimately uphold the exclusive rights allotted to them as intellectual property owners, trademark …

Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.

Touro Law Review

With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems …

Antiracist Medicine In Colorblind Courts, Govind Persad

Michigan Law Review

This Article considers how health professionals’ efforts to combat racial health inequities interact with legal restrictions constraining their ability to consider race. In light of the Roberts Court’s recent invalidation of two university admissions programs, intensifying a “colorblind” judicial shift, the collision between antiracist medicine and colorblind law is a pressing concern. This Article anticipates the implications of this collision and explores how health professionals and systems can design programs that survive judicial examination.

In Part I, the Article examines the frameworks that will apply if antiracist medicine faces legal challenges. These include the Equal Protection Clause and federal statutes …

A Republic Of Spending, Jonathan S. Gould

Michigan Law Review

Large-scale spending measures make up many of Congress’s most important recent contributions to national policymaking. Congress has appropriated trillions of dollars to respond to emergencies, fight climate change, expand social safety net programs, spur technological innovation, and strengthen national infrastructure. While the contemporary Congress’s failure to enact landmark regulatory statutes causes many to characterize it as dysfunctional, Congress in fact remains quite active—its policymaking energy is simply concentrated in the spending domain.

Congress’s use of spending rather than regulatory legislation as its primary way of shaping national policy marks a significant shift in American governance. This Article examines the causes …

Postmortem Privacy, Anita L. Allen, Jennifer E. Rothman

Michigan Law Review

Since their inception in the late nineteenth century, privacy rights have been widely understood to terminate with a person’s death. The “no-privacy-rights-for- the-dead” doctrine has been repeated for nearly 130 years. As demonstrated in this Article, the reality on the ground deviated from this common pronouncement even early on. The divergence is so great today that sustained consideration of postmortem privacy is essential. This is especially so given urgent calls to protect the digital assets of the dead and evolving technology that allows for the reanimation of deceased performers and loved ones. This Article provides a theoretical foundation for determining …

#Employerstoo: Expanding Vicarious Liability For Sexual Harassment In Title Vii And Tort Law, Kassandra "Kassie" Fotiadis

Michigan Law Review

When an individual experiences sexual harassment through a workplace, she has limited options for recourse. One seemingly promising possibility is bringing a claim against her perpetrator’s employer. But this option—achievable through vicarious liability—has failed to realize its potential. In 1998, the U.S. Supreme Court established a standard to enforce vicarious liability for sexual harassment claims under Title VII. That standard, though, was limited in scope to begin with and has further narrowed over time. Common law principles also allow courts to hold employers vicariously liable for sexual harassment in tort. But few jurisdictions have adopted those principles, and there is …

Taxation’S Limits, Luís C. Calderón Gómez

Articles

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Personhood, Politics, Assisted Reproduction, And The Law Post-Dobbs, Myrisha S. Lewis

Faculty Publications

With the end of the federal constitutional right to abortion, state legislatures and state courts have become far more important in the sphere of reproductive rights. Before Dobbs, anti-abortion advocates had significant (albeit increasingly porous) ceilings on what they could prohibit in relation to reproductive health care. A significant check on those actions is now gone.

In the wake of Dobbs, societal debates about personhood have increased and expanded in terms of their practical implications. Before Dobbs, anti-abortion advocates admitted that Roe and subsequent cases limited the scope of their arguments, especially in relation to the legality …

Rosser V. Elite Craft Homes : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Weber County The Honorable Craig Hall District Court No. 220903070 APPELLEES’ BRIEF

Peter H. Barlow (7808) Axel Trumbo (14816) STRONG & HANNI Counsel for Appellees

The Consequences And Constitutionality Of Training Police To Blame Victims, Margareth Etienne, Richard H. Mcadams

William & Mary Law Review

A common technique in American interrogations is “moral minimization,” in which investigators excuse or justify the suspect’s criminal behavior on moral grounds. A surprising type of moral minimization is explicit victim-blaming, which includes blaming the victim by endorsing negative stereotypes on the basis of gender, race, religion, or sexual orientation, what we call victim-blaming-bystereotype. No one has previously considered the policy wisdom or constitutionality of this technique. We explore the unintended consequences. One cost is the secondary victimization of those who suffer from crime, especially when they discover how detectives have disparaged them. The second is the effect on the …

Constitutional Federalism And The Nature Of The Union, Anthony J. Bellia Jr., Bradford R. Clark

William & Mary Law Review

Federalism is an essential feature of the Constitution’s design and structure, but the Constitution does not spell out every respective authority of the federal government and the States in precise detail. This omission has led some observers to embrace broad—if not unlimited—federal power and reject certain longstanding federalism doctrines—such as state sovereign immunity, the anti-commandeering doctrine, and the equal sovereignty of the States. The objection to such doctrines is that the Constitution does not affirmatively grant States these sovereign rights and powers. This charge overlooks long-forgotten background context essential to faithful interpretation of the Constitution. The former British Colonies in …

A Transformative Standard For Transformative Times: Protecting Student-Athlete Speech In The Era Of Name, Image, And Likeness, Kyle Saxon

William & Mary Law Review

As an entirely new and developing area of the law, NIL [name, image, and likeness] further complicates the existing struggles in determining how NCAA student-athletes should be viewed by the law in the employment context. Such a determination is crucial to understanding the extent of student-athletes’ First Amendment protections. Even as NIL drives the law further in the direction of student-athletes becoming employees of the university, student-athletes are still undeniably enrolled students of the university, and scholastic achievement is still a primary consideration for college athletics.

This unique relationship between student-athletes and their institutions necessitates an entirely new standard for …