Law Commons^™

Shifting The Paradigm By Bringing Tax Arbitrage To The Lower Income Separated Family: Why Should The Middle To Upper Class Family Have All The Fun?, Reginald Mombrun

Akron Tax Journal

The background for this article is, of course, the duty of parents to provide sustenance for their children, a duty that necessarily survives the break-up of the family. In this article, I continue to address the problems of the child support system, and I continue to take a holistic view of the problem. A fundamental concept of family law is that the system must do what is in the best interests of the child. Few people will disagree with the soundness of this fundamental concept. However, the problem lies with its application. Although counterintuitive, focusing solely on the child to …

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Balancing The Scales Of Justice: Undercover Investigations On Social Networking Sites, Shirin Chahal

Colorado Technology Law Journal

No abstract provided.

Public Figurehood In The Digital Age, David Lat, Zach Shemtob

Colorado Technology Law Journal

No abstract provided.

Cooperation, Commandeering, Or Crowding Out? : Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler

Faculty Publications

The Patient Protection and Affordable Care Act (ACA) substantially alters the respective roles of the federal and state governments in health care policy. Beyond the individual mandate, the ACA presents many questions of federalism, both constitutional and policy-related. This paper, prepared for a symposium sponsored by the Kansas Journal of Law & Public Policy, addresses some of these federalism issues. After outlining some of the policy considerations for determining the proper federal and state balance in health care policy, it identifies constitutional limitations on the federal government’s ability to direct or even influence state policy choices, before discussing how federal …

Rethinking The Fourth Amendment: Race, Citizenship, And The Equality Principle, Bennett Capers

Faculty Scholarship

No abstract provided.

What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison

Faculty Scholarship

No abstract provided.

Forward: The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Charity Law's Essentials, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Benefit Corporations -- A Sustainable Form Of Organization?, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Legal Writing In The Time Of Recession: Developing Cognitive Strategies For Complex Legal Tasks, Elizabeth Fajans

Faculty Scholarship

No abstract provided.

Offshore Wind Energy Development In Michigan’S Great Lakes: Current Law And Proposed Legislation, Katherine Brady-Medley, Nick Schroeck

Law Faculty Research Publications

Michigan has over 38,000 square miles of state owned Great Lakes bottomlands. However, due to current limits with wind turbine technology, wind farms are restricted to areas on the Great Lakes where the water is less than 30 meters deep. For wind energy to be practicable, wind farms must be close to existing transmission facilities, so that energy generated from the turbines can be distributed to consumers. Construction of a wind energy facility requires heavy machinery and a wind farm site needs a transmission station nearby and underground lines for transmission of power.

For terrestrial wind farms, a developer typically …

Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence -- A Commentary On The China-Publications Case, Julia Ya Qin

Law Faculty Research Publications

For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publicationscase that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a …

Governance: Structuring Our Future, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

The Dodd-Frank Act's Specialized Corporate Disclosure: Using The Securities Laws To Address Public Policy Issues, David M. Lynn

Journal of Business & Technology Law

No abstract provided.

Investment Adviser Regulation Post-Madoff: A Brave New World, Kevin A. Zambrowicz

Journal of Business & Technology Law

No abstract provided.

Ricci’S Dicta: Signaling A New Standard For Affirmative Action Under Title Vii?, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article argues that Ricci v. DeStefano, while having dealt a blow to disparate impact theory, has not necessarily dealt a fatal blow to affirmative action in the process. Many believe that Ricci has no implications for affirmative action at all since the case’s facts involved no preferences for minorities. However, I believe that dicta in the case suggests how the Court may handle a Title VII affirmative action case in the future, even though I agree that no affirmative action issue was before the Court in Ricci. The key to understanding Ricci and to anticipating the foreseeable future of …

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk

Northwestern Journal of International Law & Business

World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …

An Examination Of The Organizational Factors That Contribute To Police Officer Perceived Organizational Support, Dustin Cody Gaines

Theses Digitization Project

The purpose of this research was to examine the effect of various organizational arrangements on police officers' belief that they and their work are valued by the department. This study examines four management domains and their impact on officers' feelings of being valued. These four management domains are: inclusiveness in decision-making, supervisor relationships, professionalism. and communicated direction. The data came from a sample of 176 survey respondents who are patrol officers in a Southern Californian municipal police department.

Closing The Door On Misconduct: Rethinking The Ethical Standards That Govern Summations In Criminal Trials, Daniel S. Medwed

UC Law Constitutional Quarterly

Closing argument is the most pivotal moment in a criminal trial. It represents the last opportunity for prosecutors to convince jurors of the defendant's guilt and for defense lawyers to show reasonable doubt. As a result, criminal lawyers may be tempted to conclude with sweeping arguments that pull at the heartstrings of their target audience, the jury. Scholars dating back to Aristotle have warned that the most persuasive arguments often contain an appeal to emotion-and that emotionally laden rhetoric can distract people from making rational choices.

Legal ethicists have struggled with the issues surrounding closing arguments, trying to reconcile the …

Table Of Contents, Volume 49, Number 1, Winter 2011

Duquesne Law Review

No abstract provided.

The Prodigal Son Returns: Oil And Gas Drillers Return To Pennsylvania With A Vengeance - Are Municipalities Prepared?, John M. Smith

Duquesne Law Review

No abstract provided.

Precedent And Justice, William D. Bader, David R. Cleveland

Duquesne Law Review

No abstract provided.

The Regional Compromise: A Solution To The Debate Between Local Community And National Standards For Evaluating Internet Obscenity Cases, Michael Joyce

Duquesne Law Review

No abstract provided.

The Pennsylvania Legislature Takes A Significant, Though Insufficient, Step Toward Addressing Blight And Tax Delinquency: House Bill 712, The Land Bank Act, Darren M. Belajac

Duquesne Law Review

No abstract provided.

The Second Amendment Right To Keep And Bear Arms Is Enforceable Against The States Through The Due Process Clause Of The Fourteenth Amendment: Mcdonald V. City Of Chicago, Matthew D. Clyde

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 49, Number 2, Spring 2011

Duquesne Law Review

No abstract provided.

Introduction: Constitutional Litigation: Procedural Protections Of Constitutionalism In The Americas…And Beyond, Robert S. Barker

Duquesne Law Review

No abstract provided.

Invocation, Kenneth E. Myers

Duquesne Law Review

No abstract provided.

The Conditions For Effective Constitutional Adjudication: Lessons From Latin America, Anibal Perez-Linan

Duquesne Law Review

No abstract provided.