Other Law Commons^™

The New Textualists' New Text, Lawrence Solan

Faculty Scholarship

No abstract provided.

Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman

Articles & Chapters

The mortgage remains one of the most common and successful techniques to finance real estate transactions. In the last 25 years, mortgage loans have also been sold in the secondary market and included in mortgage-backed securitizations. The amazing growth of mortgage securitizations has also led to the development of novel financing techniques, including mezzanine financing and preferred equity investments.

This article discusses the historical development of real estate financing from the early beginning of mortgage law and the equity of redemption through the modern advent of mortgage-backed securitizations (MBS) and other non-traditional financings. It argues that the phenomenal success of …

Private Motive And Perpetual Conditions In Charitable Naming Gifts: When Good Names Go Bad, John K. Eason

Faculty Articles

This article explores the problems that often result from a charitable naming opportunity contribution. A charitable naming opportunity contribution exists when a donor transfers money or property to a charitable organization upon terms that result in an individual's name being associated in some way with the organization, its institutions, activities, or facilities. Implementing such arrangements can become problematic as circumstances change over time. Matters considered here include the meaning of "charity" as affected by a donor's personal desire to perpetuate a name. This article also highlights the quite varied doctrinal analyses that may apply when deviation from the precise terms …

The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher

American University Journal of Gender, Social Policy & the Law

No abstract provided.

An Analysis Of The Effect Of A Loser-Pays Rule On The Decisions Of An American Litigant, Jaime Leigh Loos

Honors Program Theses

Decisions made by litigants often do not reflect those most beneficial to society. A rule goveming fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed by economic theory and empirical evidence, while considering possible limitations of the rule. A carefully applied system of loser-pays may positively affect the U.S. legal system.

Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine

Scholarly Works

Deconstructing Bruce Springsteen's album, "Nebraska," Levine demonstrates how Springsteen's songs challenge modern paradigms of crime, punishment and the American criminal justice system. Professor Levine deconstructs the message of the album by introducing the reader to the three categories of criminals who appear on the album: The enigmatic criminal; the sympathetic criminal; and the "criminal as brother." Professor Levine first examines the enigmatic criminal who materializes in Springsteen's title track, "Nebraska." This criminal shows no remorse for his crime and makes no attempt to justify or explain his actions. The enigmatic criminal demonstrates how an exploration of the criminal mindset may …

Rediscovering Julius Henry Cohen And The Origins Of The Business/Profession Dichotomy: A Study In The Discourse Of Early Twentieth Century Legal Professionalism, Samuel J. Levine

Scholarly Works

This article addresses one of the central contemporary debates over the nature of the practice of law, reflected in the business/profession dichotomy. Specifically, the article presents an exploration of the discourse and underlying attitudes of early twentieth century legal professionalism, in the context of a close analysis of Cohen's 1916 classic, The Law: Business or Profession?, a highly influential work that is a standard citation in the contemporary debate. The article contrasts Cohen's rhetoric and underlying approach to professionalism against the anti-Semitism, nativism, classism, economic protectionism, and general elitism often expressed by leaders of the early twentieth century bar who, …

Discussion: A Focus On Federalism, Jeffrey B. Morris

Scholarly Works

No abstract provided.

There Ought To Be A Law: The Disclosure Focus Of Recent Legislative Proposals For Nonprofit Reform, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Emily Houh, SALT's Affirmative Action Committee Hard at Work, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Bob Dinerstein, Am I Blue? Judicial Nominations Will Be a Continuing Battleground in the Second Bush Term, at 4.

Kent Greenfield, Solomon Litigation Update, at 5.

Beto Juarez, "Class in the Classroom" a Classy Affair, at 6.

Scenes from the Teaching Conference, at 6.

Eileen Kaufman, Chicago Conference Highlights Need to Rethink the Bar Exam Process, at 7.

Nancy Cook, You're Invited: SALT and EJS to Co-Sponsor Reception and …

Museletter: November/December 2004, Caroline L. Osborne

Museletter

This Issue:

Exam 1, 2, 3s by Caroline L. Osborne

Extended Hours and Restricted Access During Exams

Two Titles -- Two Good Reads by Timothy L. Coggins

Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Volume 29, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Shawn Tock, Jonathon Krashinsky, Michael Schalke, Nate Russell

Photo Editor: Mark Dunsmuir

Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein

Faculty Scholarship

No abstract provided.

Museletter: October 2004, Caroline L. Osborne

Museletter

This Issue:

Alternative Careers for JD's by Joyce Manna Janto, Deputy Director of the Law Library

Election 2004 and the Internet

The Unusual Opinion

The Enterprise Of Liability, Anita Bernstein

Faculty Scholarship

No abstract provided.

Richmond Law Magazine: Fall 2004

Richmond Law Magazine

Features:

Living History In Iraq

The Law School's LINC

On Culture and the Law

John Cogbill's Big Plan

Volume 21, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editor in Chief: Shawn Tock

News Editors: Jonathan Krashinsky, Michael Schalke

Layout Editor: Nate Russell

Photo Editor: Mark Dunsmuir

Museletter: September 2004, Caroline L. Osborne

Museletter

This Issue:

Who was William Taylor Muse? by John Barden, Head, Reference & Research Services

Library Policy Reminders

Law at the Movies (New on DVD): The Score by Gail Zwirner

Library Closing Procedures

Volume 21, No. 1

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editor in Chief: Shawn Tock

News Editors: Jonathan Krashinsky, Michael Schalke

Layout Editor: Nate Russell

Museletter: August 2004, Caroline L. Osborne

Museletter

This Issue:

Welcome New and Returning Students

Technical Services Welcomes all Students to the 2004/2005 Academic Year

Greetings from Access Services!

What You Said About the Law Library by Joyce Manna Janto, Deputy Director of the Law Library

LawRef Pop Quiz

Salt Equalizer, Vol. 2004, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Bob Dinerstein, Judical Nominations: The White House Proposes, the Senate Opposes, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Kent Greenfield & Sylvia Law, Excerpts from July 7, 2004 Letter on Solomon Amendment Litigation, at 4.

Laura Rovner, Lawsuit Against UND Law Clinic and Professor Dismissed with Prejudice, at 6.

Eileen Kaufman, SALT Members Encouraged to Attend October Bar Exam Conference, at 6.

Tayyab Mahmud, "Class in the Classroom": SALT's Teaching Conference to be Held in Las Vegas on October 15-16, at 7.

Joan Howarth, Retreat and …

Taking Pop-Ups Seriously: The Jurisprudence Of The Infield Fly Rule, Neil B. Cohen, S. W. Waller

Faculty Scholarship

No abstract provided.

Salt Equalizer, Vol. 2004, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Nancy Ehrenreich, Drake and Texas Affairs Raise Spector of Federal Interference with Academic Freedom, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Kent Greenfield, Third Circuit to Hear Oral Argument in May on Denial of Preliminary Injunction in Solomon Amendment Lititgation, at 3.

Bob Dinerstein, Judicial Nominations Remain Contentious, at 4.

Margaret E. Montoya, An Update on Affirmative Action, at 5.

Holly Maguigan & Beto Juarez, Letter to the Editor, Chronicle of Higher Education, at 5.

Stephen Wizner, A Brief History of the Annual Robert M. Cover Public …

Fiduciary Duties Of Directors In The Context Of Going-Private Transactions To The Minority Shareholders Under Delaware Law, Yuan Wang

LLM Theses and Essays

This thesis discusses the different fiduciary duties and standards of review imposed by Delaware laws on the directors to the minority shareholders in the going-private transactions structured either as a merger or as a tender offer voluntarily initiated by the controlling In the context of a merger, the disinterested and independent directors will face a duty of care and be subject to the business judgment rule. For the interested or dependent directors, they will bear a duty of loyalty and be bound to the entire fairness standard accordingly. In the case of a tender offer, currently the Delaware courts impose …

Growing Greener Grass: Looking From Legal Ethics To Business Ethics, And Back, Rob Atkinson

Scholarly Publications

No abstract provided.

Connecting Business Ethics And Legal Ethics For The Common Good: Come, Let Us Reason Together, Rob Atkinson

Scholarly Publications

No abstract provided.

The Reliance Interest In Insolvency Law: A Response To Harris And Mooney, Edward J. Janger

Faculty Scholarship

No abstract provided.

The Death Of Secured Lending, Edward J. Janger

Faculty Scholarship

No abstract provided.

Museletter: April 2004, Caroline L. Osborne

Museletter

This Issue:

The Era of Closed Schools: Prince Edward County, Virginia by John R. Barden, Head, Reference & Research Services

Suggestion Box