Law Commons^™

Burgers, Doughnuts, And Expatriations: An Analysis Of The Tax Inversion Epidemic And A Solution Presented Through The Lens Of The Burger King-Tim Hortons Merger, Chris Capurso

William & Mary Business Law Review

Currently, the concept of tax inversion is a major corporate phenomenon. In the United States, companies pay taxes on all earnings, whether or not they were accumulated here. With one of the highest corporate tax rates in the world, this is a major expense for U.S. corporations competing in the world market. While most companies simply deal with the tax burden, some U.S. corporations buy foreign companies and relocate the company headquarters to the acquisition’s home country. This corporate expatriation allows companies to avoid U.S. taxes on earnings in a number of ways. This Note will examine tax inversion through …

History, Trips, And Common Sense: Curbing The Counterfeit Drug Market In Sub-Saharan Africa, Hannah Elizabeth Jarrells

Georgia Journal of International & Comparative Law

No abstract provided.

Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte

Georgia Journal of International & Comparative Law

No abstract provided.

A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson

University of Richmond Law Review

No abstract provided.

A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers

Library Staff Publications

No abstract provided.

Partial Final Judgment And Decree On The Water Rights Of Taos Pueblo, Usdc, Dcnm

Native American Water Rights Settlement Project

Court Decree: Partial Final Judgment and Decree on the Water Rights of Taos Pueblo: Parties: Taos Pueblo, New Mexico, USA, Town of Taos, Taos Valley Acequia Association, El Prado Water and Sanitation District, 12 Mutual Domestic Water Consumer Associations. Recitals; Approval of Settlement Agreement; Contract Rights to Water from San Juan - Chama Project; Historic and Existing Use Water Rights; Historically Irrigated Acreage; Municipal, Domestic, and Industrial Use; Livestock Use; Groundwater Rights; Disclaimers; Records of Water Use; Change of Use; Rights Held in Trust; Conclusions; Entry and Modification of Decree. 38 Exhibits: 5973-1 Taos Pueblo Settlement Agreement; 5973-2, Att. 1 …

Washington Should Avoid Repeating Plan Colombia’S Failures, Lauren Carasik

Media Presence

No abstract provided.

Us Environmental Injustice Goes Well Beyond Flint, Lauren Carasik

Media Presence

No abstract provided.

The Indefinite Deflection Of Congressional Standing, Nat Stern

Pepperdine Law Review

Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …

The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel

Chicago-Kent Law Review

Partisan climate change politics, paired with a legislative branch that is often deeply divided between two parties, has led to congressional gridlock in the United States. Numerous efforts at passing comprehensive climate change legislation have failed, and little prospect exists for such legislation in the foreseeable future. As a result, executive action under existing federal environmental statutes—often in interaction with litigation—has become the primary mechanism for national-level regulation of greenhouse gas emissions from motor vehicles and power plants.

Although many observers critique this state of affairs and wish for a legislature more able to act, this essay argues that more …

Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind—And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron

Osgoode Hall Law Journal

This is a book review of Healy, Thomas. The Great Dissent: How Oliver Wendell Holmes Changed his Mind—and Changed the History of Free Speech in America. Metropolitan Books, Henry Holt and Co. 2013.

Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong

The University of Cincinnati Intellectual Property and Computer Law Journal

This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and …

The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz

Ledewitz Papers

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

Gambling In American Prisons, Robert Jarvis

Faculty Scholarship

GAMBLING TAKES PLACE IN EVERY PRISON in the United States.

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Ledewitz Papers

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

E Pluribus Unum: Controversias Estatales Y Compromisos Nacionales En La Formación De La Constitución De Los Estados Unidos De América, Robert S. Barker

Barker Papers

La tesis de este breve trabajo es que muchas de las caracteristicas basicas de la Constituci6n de los Estados Unidos son productos de diferencias y debates entre Estados y regiones del pais, y de compromisos politicos alcanzados entre los representantes de esos distintos Estados.

The thesis of this brief work is that many of the basic characteristics of the Constitution of the United States are products of differences and debates between States and regions of the country, and political commitments required compromise by the representatives of these different States.

God’S Uses Of The Law And The Effort To Establish A Constitutional Right To The Means To Live, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa

University of Baltimore Journal of International Law

This article has the objective of analyzing the role played by Brazil and the United States in protecting the right to a healthy environment at an international level, especially at the World Trade Organization level. First, we must try to identify the fundamental right to a healthy environment, in its internal dimension and as a human right, at the international level. We used the bibliographic technique and deductive methodology to develop the research. The results at the conclusion evidence that the behavior of political and economic agents has a direct impact on the level of environmental protection. In the United …

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender & Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …

Deference To The Executive, Julian Arato

Book Chapters

This chapter examines the practice of deference to the executive, by national courts, in the context of interpreting treaties. When faced with an issue of treaty interpretation, to what extent must a national court engage in its own independent analysis, and to what extent ought the court give weight to interpretations advanced by the executive branch? And if deference to the executive is permissible as a matter of international doctrine, what considerations ought to guide the manner of deference, and the determination of how much deference is appropriate? I argue that international law does not formally preclude national judicial deference …

The Duty Of Corporate Directors To Tie Executive Compensation To The Long-Term Sustainability Of The Firm, Alberto Salazar, Muthana Mohamed

Osgoode Legal Studies Research Paper Series

Executive compensation is said to be for performance and, in liberal market economies, the board of directors along with compensation committees have largely been in charge of safeguarding pay for performance. This executive compensation system is legally protected by the business judgment rule (a strong judicial deference) and has recently been supplemented with shareholders’ ‘say on pay’. Further legal or government intervention has been deemed unnecessary. However, such system has resulted in extremely excessive executive compensation, outrageous pay disparities between executives and workers, poor or short-term performance, recurrent corporate failures and economic recession. This paper explores the need for a …

Protecting Online Privacy, Stephanie D. Winkler

Theses and Dissertations--Communication

Online privacy has become one of the greatest concerns in the United States today. There are currently multiple stakeholders with interests in online privacy including the public, industry, and the United States government. This study examines the issues surrounding the protection of online privacy. Privacy laws in the United States are currently outdated and do little to protect online privacy. These laws are unlikely to be changed as both the government and industry have interests in keeping these privacy laws lax. To bridge the gap between the desired level of online privacy and what is provided legally users may turn …

Saving The United States From Lurching To Another Sentencing Crisis: Taking Proportionality Seriously And Implementing Fair Fixed Penalties, Mirko Bagaric, Sandeep Gopalan

Saint Louis University Law Journal

No abstract provided.

The Fourth Chief Justice Of The United States, John Marshall, Meagan Schantz

Writing Across the Curriculum

The fourth Chief Justice of the United States, John Marshall (1755-1835), served thirty-four years (1801-1835) in the United States Supreme Court. During his term, Marshall established a stable foundation for the United States Judiciary, which in turn increased the role and scope of the federal government. Marshall’s life and achievements are documented in the biography, The Great Chief Justice: John Marshall and the Rule of Law by Charles F. Hobson, the editor of The Papers of John Marshall.

Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan

Faculty Scholarship

The objective for this article is to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals.

Accessory Disloyalty: Comparative Perspectives On Substantial Assistance To Fiduciary Breach, Deborah A. Demott

Faculty Scholarship

Culpable participation in a fiduciary's breach of duty is independently wrongful. Much about this contingent form of liability is open to dispute. In the United States, well-established general doctrine defines the elements requisite to establishing accessory liability, which is categorized as a tort and often referred to as "aiding-and abetting" liability. What's controversial is how the tort applies to particular categories of actors, most recently investment banks that advise boards of target companies in M&A transactions. In the United Kingdom, in contrast, accessory liability in connection with a breach of trust or fiduciary duty is controversial because the law is …

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Scholarly Publications

This Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience. Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO. The same impetus toward devolution also surfaces in heated intra-national conflicts. Recent calls for secession in Catalonia, Iraqi Kurdistan, Scotland, Québec, South Sudan, and even the United States reveal multiple political contexts in which questions have been raised …

Obama’S National Security Exceptionalism, Sudha Setty

Faculty Scholarship

This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …

Corporate Wrongdoing: Interactions Of Legal Mandates And Corporate Culture, Vincent Dilorenzo

Faculty Publications

In recent years, enforcement officials have imposed billions of dollars in sanctions on all major U.S. financial institutions and many major financial institutions abroad. Similar sanctions have been imposed on nonfinancial institutions. The sanctions are the result of findings of recurrent violations of law, as well as recidivism. Why have existing regulatory standards and enforcement policies led to repeated violations of law? Will the recent billion dollar sanctions deter future wrongdoing?

This article explores these issues by examining the philosophy motivating regulatory policy and action in the United States and United Kingdom, using financial regulators as a case study. This …

From Principles To Rules: The Case For Statutory Rules Governing Aspects Of Judicial Disqualification, Jula Hughes, Philip Bryden

Osgoode Hall Law Journal

The common law “reasonable apprehension of bias” test for judicial disqualification is highly fact- and context-specific. While there are good reasons for this approach as a general proposition, it also gives rise to considerable uncertainty for both judges and litigants in considering whether or not it is appropriate for a judge to sit in a marginal case. This article explores statutory judicial disqualification regimes in the United States, Germany, and Quebec to gain insights into how statutory rules can be employed to provide greater clarity to judges and litigants who are addressing situations that have the potential to give rise …