Law Commons^™

A Critical Analysis Of Alternative Section 1031 Proximate-Exchange Structures, Bradley T. Borden

UC Law Business Journal

Taxpayers have six wins and zero losses in cases that grant nonrecognition to exchanges that occur in proximity to tax-free business transactions (contributions to and distributions from entities) of the exchanged property. Those six cases (the proximate-exchange cases) were decided between 1983 and 1989. From those cases emerged the proximate-exchange principle: “[a] trade of Property A for Property B, both of like kind, may be preceded by the tax-free acquisition of Property A at the front end, or succeeded by a tax-free transfer of Property B at the back end.”1 Despite the explicit declaration of the proximate-exchange principle and the …

Punitive Damages In Products Liability Revisited (1991-2024), Michael L. Rustad

The University of New Hampshire Law Review

No abstract provided.

The Skepticism Of Critical Legal Studies And The Function Of Moral Discourse, Paul J. Gudel

The University of New Hampshire Law Review

No abstract provided.

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Floodings, Emilio R. Longoria

The University of New Hampshire Law Review

No abstract provided.

A Systems Approach To Shedding Sunlight On A.I. Black Boxes, Ran Xi

Hofstra Law Review

A substantial body of literature has emerged around concerns that machine learning and artificial intelligence systems are opaque, or "black boxes. " The black box nature ofA.I.-powered services and applications has resulted in alarming risks in social life, including insecurity, mistrust, lack of accountability, and exacerbated bias and discrimination. Despite the call to open the black boxes, corresponding legal and regulatory measures tend to run aground due to their infeasibility, inefficacy, and ambiguity. This Article offers a unique perspective on the A.I black box problem. Using systems theory as a heuristic tool, this Article views A.I. as a law-related system …

The Truth Will Set You Free: The Importance Of A Psychologically Rooted Framework That Encourages The Admission Of Expert Testimony On Eyewitness Memory, Emma C. Kiernan

Hofstra Law Review

No abstract provided.

Embodied Overcrowding And Sensory Tensions: A Carceral Autoethnography Of Philippine Jails, Dwayne Antojado

Ateneo School of Government Publications

In this paper, I undertake a sensorially oriented autoethnography of two Philippine jails, illuminating the visceral textures of carceral life that conventional sociological or criminological discourses often overlook. Drawing inspiration from Jewkes and Young's (2021) examination of Kyoto Prison, I foreground the overlapping realms of sight, sound, smell, and touch, arguing that incarceration is inherently a profoundly embodied phenomenon. By weaving personal reflections, field observations, and broader scholarly insights, I reveal how overcrowded dormitories, suffocating heat, and lingering bodily odours converge to redefine detainees' spatial, temporal, and psychosocial realities in ways rarely captured by quantitative metrics. While mindful of Nelken's …

Rethinking The Key Role Of Private Antitrust Enforcement, Filippo Lancieri

Georgetown Law Faculty Publications and Other Works

This Article focuses on the institutional design of American competition policy. It argues that any long-term effective revival of U.S. antitrust policy requires a better acknowledgement of the key and irreplaceable role played by private litigation and proposes a rethink of private anti-trust enforcement policy.

To unpack the nuanced interconnection between public and private competition enforcement, the Article begins by tracing the rise and fall of private antitrust. It builds on a novel, hand-coded, and comprehensive analysis of the entire Supreme Court antitrust track record—all 474 decisions over 130 years—to outline how an ideologically …

From Medical Exceptions To Reproductive Freedom, David S. Cohen, Greer Donley

Michigan Law Review

Since the Supreme Court overruled Roe v. Wade in 2022, there has been a significant focus on pregnancy complications. This focus has created some risks. Highlighting medically indicated abortion stories could stigmatize the vast majority of abortion seekers who lack medical reasons for abortion and result in narrow remedies that do nothing to undermine abortion bans. This Article presents a way to convert these risks into an opportunity: to use pregnancy complications as a wedge to challenge abortion bans more generally and make abortion more accessible for everyone. We present a long-term strategy to dismantle abortion bans, using several legal …

Cover

MC Law Review

No abstract provided.

Divine Detachment: Beachy V. Assemblies Of God And A New Interpretation Of The Ecclesiastical Abstention Doctrine, Juarez Mcleod Johnson

MC Law Review

In the landmark case of Beachy v. Mississippi District Council for Assemblies of God, the Mississippi Supreme Court redefined its interpretation of the ecclesiastical abstention doctrine—marking a pivotal shift in church-state jurisprudence. Traditionally, this doctrine instructed courts to defer to the highest internal authority of a church when deciding disputes within hierarchical religious organizations. However, the court’s decision in Beachy significantly departed from this principle by designating the local pastor and congregation as the supreme authority over local church affairs, even within a hierarchical structure.

This Casenote explores the profound implications of the Supreme Court’s ruling, focusing on its …

Auer Deference: He Who Writes The Law Must Not Adjudge Its Violation, William G. Kennedy

MC Law Review

This Comment explores Auer deference and its application to the Sentencing Guidelines, the Sentencing Commission, and its commentary. Auer deference, in its simplest form, requires courts to give controlling weight to an agency’s interpretation of its own regulations unless it is plainly erroneous or inconsistent with the regulation. Following the Court’s decision in Kisor—expressly limiting Auer’s application, the circuit courts have disagreed on the applicability of Auer to the Sentencing Commission’s commentary regarding career offender designation. This disagreement begs for an appearance before the Court of Last Resort, but until that day, the courts must rigidly apply Kisor to …

Faculty Listing

MC Law Review

No abstract provided.

The Mississippi Court Of Appeals 30th Anniversary Commemoration And Panel Discussion, Donna M. Barnes

MC Law Review

No abstract provided.

Repealing Reorgs, Reuven S. Avi-Yonah

Law & Economics Working Papers

Under the Supreme Court's opinion in Moore, it is likely that realization is essential for defining income as a constitutional matter. Therefore, when a transaction involves realization, it should presumptively be taxable unless there are very good reason for nonrecognition of gain. Given this reality, there are good reasons for Congress to consider repealing tax-free reorganizations and the other nonrecognition rules of the corporate tax, primarily for non-tax reasons. Acquisitive A, B, and C reorganizations and acquisitive section 351 transactions typically are used for large public corporations to acquire startups, which encourages monopolies. Triangular mergers raise corporate governance concerns …

The Shifting Tectonics Of International Collaboration, James J. Casey Jr.

University of Dayton Law Review

This Article builds upon the author’s 2010 article in the University of Dayton Law Review. More specifically, this Article focuses on research management areas that have increased in relevance over the past fifteen years or are essentially “new” to the international research collaboration realm. Now, as then, the author writes about the importance of building international collaborations during this tectonic present and urges the reader to draw their own conclusions regarding international research, emerging issues and technologies, and their importance in the future.

Passing The Bar In And Through Community: The Science Behind Why We Truly Do Better Together, Katherine O. Armstrong

University of Dayton Law Review

Law school graduates preparing for the bar exam often face isolation, leading to mental health challenges, decreased motivation, and impaired performance. This sense of loneliness, coupled with the known mental health and substance abuse issues in the legal profession, underscores the urgent need for change. Research shows that community engagement enhances mental and physical well-being, fosters motivation, and improves educational outcomes. However, little scholarship addresses the role of community in bar exam preparation, leaving a critical gap. This Article explores the transformative power of community during bar preparation. It provides a detailed view of a law school that has successfully …

An Old Vehicle With A Fresh Coat Of Paint: Demystifying Autonomous Smart Contracts In The Context Of U.C.C. § 2-202, Daniel Kennedy

University of Dayton Law Review

No abstract provided.

Membership In A “Particular Social Group”: The Narrow Access To Asylum For Gang-Affected Youth, Jill Marie Gerschutz-Bell

University of Dayton Law Review

No abstract provided.

Copyright In The Generative Ai Era: Reimagining Creativity And Fairness, Huijuan Peng, David Tan

Research Collection Yong Pung How School Of Law

This article examines the need for copyright reform in response to the transformative impact of generative artificial intelligence. It identifies key legal challenges, including the absence of clear criteria for authorship and the infringement risks associated with both inputs (training of large language models) and outputs (AI-generated content). The authors argue that two overarching themes—creativity and fairness—will drive the future development of copyright law. Through a comparative analysis of how three jurisdictions—the United States, China, and Singapore—have addressed these challenges, the article offers practical and forward-looking insights for navigating the complex copyright landscape of the generative AI era.

This article …

Imprisonment When An Offender Cannot Pay A Fine, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

According to a common-law rule in place since the 1993 case of Low Meng Chay v Public Prosecutor [1993] 1 SLR(R) 46, if the court is minded to impose a fine but the offender will clearly be unable to pay a fine, the offender should be sentenced to imprisonment instead (as opposed to a fine coupled with a default imprisonment term). While one can understand why the courts may apply this practice, the practice obscures the crucial distinction between: (a) being sentenced to a fine, then imprisoned in default of payment (which, it is submitted, is the correct course of …

The Extent To Which Kindergarten Teachers Accept The Use Of Augmented Reality Supported By Artificial Intelligence In Active Learning, Mona Hashim Mohsen Alzahrani, Zahra Mohammed Al Bahl Alqahtani

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to examine kindergarten teachers' acceptance of integrating Artificial Intelligence (AI)-supported Augmented Reality (AR) in active learning environments. Using a descriptive-analytical method, a questionnaire was designed to measure teachers' attitudes, readiness, and awareness of benefits and challenges. The tool was applied to a sample of 150 teachers from public and private kindergartens in Abha and Khamis Mushait during the academic year 1446 AH. Findings revealed a moderate-to-high level of acceptance, as most teachers recognized the effectiveness of AI and AR in motivating children, simplifying abstract concepts, and enhancing interaction. Intensive training emerged as the most significant factor in …

Abu Hayyan Al-Andalusi's (D.745ah) Methodological Rules In Grammar Lessons, The Term (Correct) In His Book Al-Tadheel Wa Al-Takmeel As A Model, An Analytical Study, Mohammad Abdullah Al-Mazzah

University of Tabuk Journal for Humanities and Social Sciences

This research aims to identify the methodology adopted by Abu Hayyan al-Andalusi in his book "Al-Tadhiyal wa al-Takmil" for correction, through a descriptive and analytical study that traces the mechanisms of correction and weighting in his treatment of grammatical issues, and the extent of his adherence to the methodological controls he set for himself. The research begins with an introduction explaining the importance of the research, its problems and objectives, and previous studies, followed by a preface on the importance of judgmental terms in Arabic grammar. The first section focuses on defining the concepts of "correct" and 'weighting' in grammatical …

A Message Related To The Interpretation Of Verse 21 Of Surat Al-Jathiya, By The Linguistic Scholar And Commentator Shihab Al-Din Ahmad Ibn Umar Al-Khafaji (D. 1069 Ah) - Study And Investigation-, Nawaf Bin Ghadir Bin Nuwayran Al-Tumi Al-Shammari

University of Tabuk Journal for Humanities and Social Sciences

In this research, I studied one of the letters of the scholar Shihab al-Din al-Khafaji (1069 AH), related to the interpretation of verse 21 of Surat al-Jathiya. In it, he - may God have mercy on him - took care to explain the readings and ways of parsing in the verse upon which the meaning depends, and he conveyed the statements of scholars on that, and he was concerned with highlighting the rhetorical aspect of the verse. In my study, I followed the scientific method followed in investigation, and I came out with a number of results, the most important …

The Image Of Camels In The Arabic Novel: The Novel Of A Good Camel By Saud Alsanousi As A Model - A Descriptive And Analytical Study, Yasser Ahmed Hamed Marzouq

University of Tabuk Journal for Humanities and Social Sciences

This paper deals with the image of camels in the Arabic novel, focusing on the novel A Good Camel by Saud Alsanousi as an analytical model. It explores the use of camels and their artistic connotations in the novel, and how they interact with the narrative structure, relying on a descriptive and analytical approach to uncover the dimensions of this use and connotation. One of the most notable findings was that camels in the novel transcend being merely animals or means of transportation, becoming a central character with profound dimensions, symbolizing patience, endurance, and resistance-values inherent in the desert environment …

The Impact Of An Art Therapy Training Program On Changing The Perceptions Of Interior Design Students, Abdulaziz Abdulrahman Al-Duqail

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the perceptions of design students at the College of Design and Applied Arts at Taif University of Saudi Arabia using an experimental art therapy program. The experimental user used pre- and post-tests on the creations of (30) students. A scale for students' perceptions of art therapy was administered before and after the study. There were statistically significant results and application trends across all scale axes (general knowledge, innovation and attitude, and perception of social benefits). The results also included positive correlations among all of them. These results confirm the effectiveness of the training program in …

The Road To Regulation: A Literature Review Of The Influences On The Updated Silica Standards, Skye M. Medcraft

Capstone Experience: Master of Public Health

Silica is a hazardous compound that poses a risk to human health resulting from dust creating activities across various industries. Several agencies, including OSHA (Occupational Health and Safety Administration) and MSHA (Mine Safety and Health Administration) have adopted regulatory oversight of silica exposure in the workplace. As more research has been conducted on silica exposure, the health effects are becoming better described, which has led to the creation and updating of exposure regulations to protect worker health. The objective of this literature study is to review the data presented to the Department of Labor and discuss how the factors that …

Local Government Standing As State Standing, Katharine Cooney, Katherine Mims Crocker

Faculty Scholarship

It is increasingly common, and controversial, for local governments to bring lawsuits as plaintiffs in federal court. Many questions about this practice raise matters that sound in policy. But some, including the issue of standing to sue, also raise issues of constitutional law. How local governments fit into standing rules should reflect how they fit into the U.S. constitutional system more broadly. As the Supreme Court put it in the famous (and infamous) 1907 case Hunter v. City of Pittsburgh, "[m]unicipal corporations are political subdivisions of the State, created as convenient agencies for exercising such of the governmental powers of …

Understanding Mental Health Crisis Response Through The Lens Of First Responders, Ella Gibson

Student Theses

Responses to mental health crises are becoming an increasingly contentious topic as cases of extreme police violence or fatality during a crisis are publicized in the media. Although first responders’ experiences with mental health crisis response have been explored in prior literature, there remains a lack of research that gathers data from multiple first responder roles and compares their experiences across groups. There is also a significant gap in research examining the perspectives of co-response teams. This study sought to gather qualitative data on the experiences of police officers, EMTs/paramedics, and co-response team members, and to explore their perceptions of …