Law Commons^™

The Material Support Prosecution And Foreign Policy, Wadie E. Said

Indiana Law Journal

No abstract provided.

False Forward-Looking Statements And The Pslra's Safe Harbor, Ann Morales Olazabal

Indiana Law Journal

Voluntary public disclosure of soft information—corporate projections and predictions and other forward-looking statements—is now the norm, following a brief learning curve after the enactment of the Private Securities Litigation Reform Act’s safe harbor for forward-looking information in 1995. As a consequence, allegations of false forward-looking statements are also quite standard in today’s class action securities fraud pleading. This work addresses an emerging trend, spearheaded by the Seventh Circuit’s decision in Asher v. Baxter International, to introduce a subjective scienter or intent-like inquiry into consideration of the application of the PSLRA’s safe harbor. Numerous district courts have followed Asher’s lead, employing …

Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So

Indiana Law Journal

No abstract provided.

The Bell Is Tolling: Retiree Health Benefits Post-Health Reform, Susan E. Cancelosi

Law Faculty Research Publications

Millions of retirees rely each year on employment-based health insurance to pay for medical expenses not covered by Medicare. Employment-based health insurance is often the only reasonable means by which early retirees can obtain health insurance coverage because of the exorbitant costs associated with purchasing individual insurance. As the costs of providing health insurance and medical care have skyrocketed, fewer and fewer employers continue to provide retiree health insurance coverage to their employees, and those that do shift much of the cost to the retirees themselves. Within this context Professor Cancelosi examines the future of employment-based retiree health benefits in …

Spring 2011 Magazine

Ergo

No abstract provided.

Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee

West Virginia Law Review

No abstract provided.

A Brave New Jungle: Factory Farming And Advocacy In The Twenty-First Century, James I. Pearce

Duke Environmental Law & Policy Forum

No abstract provided.

The Positive Case For Centralization In Health Care Regulation: The Federalism Failures Of The Aca, Abigail R. Moncrieff, Eric Lee

Law Faculty Articles and Essays

Although the ACA accomplishes significantly greater centralization of authority for healthcare regulation, it falls far short of the full centralization that seems functionally justified. There is no doubt that the states have played an important role in healthcare regulation throughout the nation's history, but that role is becoming increasingly irrelevant as healthcare regulation becomes increasingly technocratic—i.e., increasingly objectivist and data-driven. The ACA is a step in the right direction, but the U.S. should further centralize authority over healthcare.

Criminal Procedure And The Racial Profiling Issue For Professor Gates And Sergeant Crowley, L. Darnell Weeden

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Has The Time For Large Gaming Property Involved Reits Finally Arrived?: A Review Of The Potential For Reit Investment In Destination Gaming Resort Properties, Simon Johnson

UNLV Gaming Law Journal

Destination gaming resorts demand massive amounts of capital in order to fund their investment in real property, much of which comprises areas where they realize predominantly passive business, including the hotel tower. Consequently, they generate substantial income from passive business, such as fees for hotel occupancy, even as most of their income is attributable to active business, such as gaming and personal services. Because they blend separable passive and active real property, a REIT can theoretically acquire all or some of the real property, realizing income under an operator lease with a substantially unrelated gaming or hotel lessee. Alternatively, a …

Dice Or No Dice: The Casino Debate In Massachusetts, College Of Management, University Of Massachusetts Boston

Financial Services Forum Publications

The debate on casinos has intensified over the last few years. Governor Deval Patrick tried to get approval for three casinos back in September 2008, which was rejected by the then Speaker Salvatore Dimasi. However, two years ago, the Governor stood in the way of casinos by vetoing the bill passed by the House and the Senate.

With the economy still recovering from the aftermath of the “Great Recession”, there are talks about job creation and consumer spending all over Massachusetts. Currently, the three most critical players in the government of Massachusetts - Governor Deval Patrick, House Speaker Robert DeLeo, …

"Your Honor, May I Have That In Writing?" A Proposed Response To Violations Of The Federal Sentencing Written Reasons Requirement, Judy Ann Clausen

UF Law Faculty Publications

A disturbing trend has emerged in our federal courts. District judges are ignoring the statutory mandate to state in writing specific reasons for deviating from the range recommended by the Federal Sentencing Guidelines. Rather than vacating these out-of-range sentences, U.S. Courts of Appeals are affirming the sentences despite the fact that they are imposed in violation of law. This article proposes a solution to this problem.

In Part I, this article explores the historical and legal context for the written reasons requirement. Part II explores two circuit splits surrounding the written reasons requirement. Part III recommends that appellate courts adopt …

A Need For Culture Change: Glbt Latinas/Os And Immigration, Berta E. Hernández-Truyol

UF Law Faculty Publications

In conversations about Latina/o immigration, such as the one that took place at LLEADS #2: The U.S. Immigration Crises: Enemies at Our Gates or Lady Liberty's Huddled Masses?, there is one issue that we tend not to address. There exists a Latina/o immigration cuento normativo (normative narrative) that obscures and denies an entire group of Latinas/os. This cuento normativo is not only insufficiently attentive to, but is downright erasing of GLBT Latinas/os. In this Article, I want to urge participation in a movement for cultural change within the various and varied comunidades Latinas (Latina/o communities) to embrace a new, inclusive …

Explaining The Importance Of Public Choice For Law, D. Daniel Sokol

UF Law Faculty Publications

The next generation of government officials, business leaders and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law's interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision-making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Stearns and …

Prison Rape Elimination Act (Prea): Considerations For Policy Review, Brenda V. Smith, A.T. Wall, Susan Mccampbell, Madie Lamarre, Gary Dennis, Ania Drobrzanska, Bob Dumond, Jeff Shorba, Mara Dodson, Andie Moss, Donna Deutsch, Rachel Bosley, Morris Thigpen, Dee Halley

Presentations

A policy review guide designed to assist in drafting PREA (Prison Rape Elimination Act) policies for review by the National Institute of Corrections (NIC) is provided. Sections of this document are: purpose; questions to consider -- policy organization, definitions, zero tolerance, staff/offender duty to report, prevention, and investigations (e.g., general, selection and training of investigators, protocols, and aftermath); and list of resources.

Adverse Possession And Boundary By Acquiescence In Arkansas: Some Suggestions For Reform, Lynn Foster, J. Cliff Mckinney Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

Tort Law—Hedonic Damages—Arkansas's Application Of Hedonic Damages To Wrongful-Death Suits: Is Arkansas's Method Misconceived?, Joshua Michael Robles

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law - First Amendment - Shield Or Spotlight - Doe V. Reed And The First Amendment's Application To Petitioners And Disclosure Requirements In The Citizen Lawmaking Process, Clark Jennings

University of Arkansas at Little Rock Law Review

No abstract provided.

When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl

The Journal of Appellate Practice and Process

No abstract provided.

Unequaled Expertise: Childress And Davis's Federal Standards Of Review, Henry Deeb Gabriel

The Journal of Appellate Practice and Process

No abstract provided.

The Finality Of Appeal, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Abandoning Law Reports For Official Digital Case Law, Peter W. Martin

The Journal of Appellate Practice and Process

No abstract provided.

"A Watchdog For The Good Of The Order": The Ninth Circuit's En Banc Coordinator, Stephen L. Wasby

The Journal of Appellate Practice and Process

No abstract provided.

Does The Readability Of Your Brief Affect Your Chance Of Winning An Appeal?, Lance N. Long, William F. Christensen

The Journal of Appellate Practice and Process

No abstract provided.

Improving Legal Education By Improving Casebooks: Fourteen Things Casebooks Can Do To Produce Better And More Learning, Michael Hunter Schwartz

Law Faculty Scholarship

No abstract provided.

Antitrust Law - Affirmative Acts And Antitrust - The Need For A Consistent Tolling Standard In Cases Of Fraudulent Concealment, Amber Davis-Tanner

University of Arkansas at Little Rock Law Review

No abstract provided.

The Extent To Which "Yellowstone Injunctions" Apply In Favor Of Residential Tenants: Who Will See Red, Who Can Earn Green, And Who May Feel Blue?, Mark C. Dillon

Cardozo Public Law, Policy & Ethics Journal

Difficulties in the residential and commercial real estate markets have caused an influx of cases in the New York State courts through which banks seek the foreclosure of delinquent mortgages and landlords seek the eviction of tenants that are in default of rent payment obligations.

New York State has long recognized 'Yellowstone injunctions" in the context of commercial leases, where tenants have been permitted to preemptively obtain court orders enjoining their landlords fom terminating breached leases. The concept is named after its case oforigin, First National Stores, Inc. v. Yellowstone Shopping Center, Inc., which was decided by the state's …

The Tax Man's Ethics: Four Of The Hardest Ethical Questions For An Irs Lawyer, Michelle M. Kwon

Cardozo Public Law, Policy & Ethics Journal

The article explores the ethical framework governing IRS Office of Chief Counsel lawyers, comparing the traditional approach of client advocacy with the public interest approach. It argues that the Office has adopted self-imposed duties to the public, beyond the Model Rules, to ensure impartial and fair tax law application. These duties align with the IRS's mission and do not conflict with its primary role of representing the agency. The analysis examines four hypothetical scenarios to assess the effectiveness of these duties and their implications for legal ethics.

Sacrificing The Child To Convict The Defendant: Secondary Traumatization Of Child Witnesses By Prosecutors, Their Inherent Conflict Of Interest, And The Need For Child Witness Counsel, Tanya Asim Cooper

Cardozo Public Law, Policy & Ethics Journal

The article argues that the criminal justice system often fails to protect child witnesses, causing them further trauma and harm. It contends that current legal protections, such as accommodations for testimony, are insufficiently enforced and that child witnesses need independent legal representation to safeguard their interests. The author advocates for systemic reforms to prioritize the well-being of child witnesses and ensure their voices are heard in court without compromising their mental health.

Introductory Note, Richard S. Ugelow

Labor & Employment Law Forum

No abstract provided.