Law Commons^™

Why Should We Not Protest For Consumption Tax Reduction? Consumption Tax Rate As A Partial Mechanism For Increasing Consumer Wealth, Limor Riza, Noam Sher

Loyola of Los Angeles International and Comparative Law Review

If you are an activist protesting against the high costs of living, we would like to offer you one suggestion: do not demand that the government reduce consumption tax. Social activists tend to believe that a government policy reducing consumption tax can, by itself, benefit the general population. This paper explains our suggestion to the contrary.

The tax field alone is insufficient for consumption tax reduction to be effective in increasing consumer wealth over benefiting suppliers. Due to cognitive biases, or heuristics, when the government changes consumption tax rates in order to increase consumers’ well-being, suppliers are able to …

Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Carrots And Sticks: Safer Fresh Produce In The United States Through British Style Supermarket Co-Regulation, Victoria Tokar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Mediation, Seng Onn Loong, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.

March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Think about Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Changing Our Tune: A Music-Based Approach To Teaching, Learning, And Resolving Conflict, Linda Marie Ippolito

PhD Dissertations

The need for change within the legal profession and legal education is critical. To remain relevant and responsive to twenty-first century challenges and complexities the next generation of professionals must be creative, imaginative, and innovative thinkers. Emotional and social intelligence, the ability to collaboratively problem-solve, negotiate, and mediate complex conflict are essential skills needed for success particularly in increasingly settlement-oriented environments. Studies and reports have noted, however, that practitioners are lacking these key skills. How can these new perspectives and essential skills be taught and developed? This mixed methods research study involved five professional musicians and thirty-eight first year law …

Increasing Innovation In Legal Process: The Contribution Of Collaborative Law, Martha Emily Simmons

PhD Dissertations

This dissertation examines the role of innovation in resolving complex disputes, using Collaborative Law as its case study. Innovation, for the purposes of this research, can be defined as applied creativity that leads to optimal resolution for clients. The process of innovation is required to resolve complex problems, which are increasingly prevalent in legal, economic and social spheres. Collaborative Law indeed has the capacity to resolve such issues in the legal realm. Collaborative Law is a process by which parties and their lawyers enter into a binding contract that limits the representation to a facilitative problem-solving process with the intent …

March 14, 2015: Would Prosperity Matter?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Would Prosperity Matter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Return To Political Theology, Joshua D. Hawley

Faculty Publications

There was a time when theology was called the "queen of the sciences." From the beginnings of the university in the High Middle Ages through the nineteenth century, theology formed the backbone of liberal instruction at institutions of higher learning. Those days are long past. What remains of theological investigation in most major American universities has been trans- posed into the study of religion and safely sequestered in "religious studies" departments. Few undergraduates today encounter theology as a discipline-and as for law students, well, the idea that theology might have some relevance for the study of law is regarded in …

Introduction, Stacey A. Tovino

UNLV Gaming Law Journal

No abstract provided.

Regulating Professional Sports Leagues, Nathaniel Grow

Washington and Lee Law Review

Four monopoly sports leagues currently dominate the U.S. professional sports industry. Although federal antitrust law—the primary source of regulation governing the industry—would normally be expected to provide a significant check on anticompetitive, monopolistic behavior, it has failed to effectively govern the leagues due to both their well-entrenched monopoly status and the unique level of coordination necessary among their respective teams. Consequently, the four leagues today each, in many respects, enjoy unregulated monopoly status in what is estimated to be a $67 billion industry.

As one might expect, these leagues use their largely unchecked monopoly power to injure the public in …

Progressive Legal Thought, Herbert Hovenkamp

Washington and Lee Law Review

No abstract provided.

Editor's Note, Kerry E. Kleiman

UNLV Gaming Law Journal

No abstract provided.

Problem Gambling: Costs And Best Practices For Mitigation, Erica L. Okerberg, William N. Thompson

UNLV Gaming Law Journal

No abstract provided.

A Concept-Sensitive Managerial Analysis With Law: Applying A Business Concept To A Legal Rule To Identify The Domain Of Business Situations, James E. Holloway

William & Mary Business Law Review

The traditional fact-sensitive managerial analysis with law analyzes business situations to identify legal issues and applies legal rules to facts to make judicial decisions. The fact-sensitive managerial analysis takes decades to identify a family of business situations and lacks the analytical capacity to use business knowledge (concepts) and analytical methods to identify business situations. Alternatively, a concept-sensitive managerial analysis with law increases factual sensitivity by applying a business concept to a legal rule to shorten the duration of identifying an extensive family of business situations. All situations are not useful or effective when making business decisions or managing a business. …

Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In February 2015, CCSI sent comments to the World Bank regarding its draft Environmental and Social Framework. This took place in the context of the Bank’s consultations on the review and update of its safeguards policies. CCSI’s comments focused on ensuring consistent and comprehensive application of the framework, and on the need to more expansively incorporate human rights standards. The memo also underlined the need to protect all legitimate tenure rights, including those not currently recognized by national law, and to limit the permissibility of forced evictions. In addition, the comments include proposed amendments that would ensure that government borrowers …

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …

January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Think About Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Political Economic Dimensions Of Executive Compensation Reform: Can The Foundations Of Shareholder Primacy Be Sustained In The Post - Crisis Regulatory Environment?, Dezso Peter Arpad Farkas

LLM Theses

What is absent in much of the literature on executive compensation reform is a deeper appreciation of the shift that has occurred since the latest financial crisis away from performance-based corporate governance arrangements to an approach that seeks to put the brakes on a runaway train, the shareholder value model and its relentless pursuit of shareholder wealth at all costs. By situating this debate into a broader discussion of corporate purpose, corporate governance and the law’s role in how business corporations are run in their social, economic and political environment this project seeks to shed some light onto what really …

January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Nihilism on Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 21, 2015: We’Re On A Crash Course, Bruce Ledewitz

Hallowed Secularism

Blog post, “We’re On a Crash Course“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

The Fall issue of the ILSA Journal of International & Comparative Law is traditionally a collection of articles that highlight current challenges in international law and commentate on how those challenges may be addressed through legal mechanisms.

Mid-Atlantic Ethics Committee Newsletter, Winter 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Justice Done: Outlawry Crimes In Medieval Iceland, Sarah Stapleton

Theses, Dissertations and Capstones

Examining the Grágás and sagas of Medieval Iceland demonstrates that the laws which governed Medieval Iceland were both strict and lawbreakers were punished ruthlessly when those laws were broken. Despite this, the laws protected the injured party and the families, dependents, and mortgagees of outlaws. Outlawry crimes were broken into main categories: honor crimes, violent crimes, and crimes of wealth. By examining the Grágás and sagas one can see how the laws manifested themselves in Icelandic society.

An Addendum In Light Of Recent Developments, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Dedication To Freedom, Emily M.S. Houh

Freedom Center Journal

The articles in this issue of The Freedom Center Journal are timely challenges to the persistent efforts to undermine the American values enshrined in the Preamble of the Constitution and the body of the Constitution itself with its three Civil War Amendments.

The student editors of this volume intended the selected contributions to offer readers a nuanced view of our nation’s current identity crisis. The collection is offered in the hope that it will encourage further thinking and discussion about what it means to be part of the American experiment with democratic self-governance in an age of resurgent white supremacy.

The Symbiotic Relationship Between Privacy Law And Anti-Discrimination Law, Alex B. Long

Scholarly Works

No abstract provided.

Shielding Acts Of Journalism: Open Leaks Sites, National Security, And The Free Flow Of Information, Jason Zenor

Nova Law Review

Newspersons’ shield laws are not meant to protect a privileged class

of journalists.1 Nor are they meant to protect whistleblowers whose acts fall

under a different set of laws.

The Criminality Of "Tax Planning", Michelle M. Kwon

Scholarly Works

In recent years, the federal government has adopted an aggressive prosecution policy that targets tax advisors who help their clients evade taxes. Increased prosecutions coupled with the present-day sophistication of tax practice call for a critical examination of the willfulness standard applied to tax advisors who use the Code and Treasury regulations as part of their regular practices. This is something no previous legal scholarship has done. To establish willfulness, the government must show that a person accused of a tax crime intentionally violated a known legal duty. Because knowledge of illegality is an element of the government's tax evasion …

Chinese Real Estate Law And The Law And Development Theory: Comparing Law And Practice, Gregory M. Stein

Scholarly Works

No abstract provided.