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Articles 1 - 8 of 8
Full-Text Articles in Social and Behavioral Sciences
Federal States In The Broader World, Matthew Schaefer
Federal States In The Broader World, Matthew Schaefer
Nebraska College of Law: Faculty Publications
I would like to take a look at how federalism affects foreign relations law in the United States. About ten years ago some scholars began questioning the foreign affairs orthodoxy, what is sometimes referred to as foreign affairs exceptionalism, in U.S. constitutional law.' They came to be known as the revisionist scholars. Three features characterize foreign affairs exceptionalism. The first feature is Executive Branch preeminence in foreign affairs, in contrast to congressional control. The second feature is judicial law making in foreign affairs. The third feature is the irrelevance of federalism. I am only going to focus in on this …
Targeted Pension Reform, Colleen E. Medill
Targeted Pension Reform, Colleen E. Medill
Nebraska College of Law: Faculty Publications
The federal government's single largest tax subsidy today is for a retirement plan system voluntarily sponsored by employers. Rather, these proposals are likely to enhance the benefits of higher income employees who already have retirement plan coverage, reversing the progress that had been made during the late 1980s and early 1990s toward making the pension tax law system more equitable. I propose that Congress should close, or at least narrow, the loopholes in the pension tax law system that reduce the scope of retirement plan coverage and benefits for rank-and-file workers. The proposal for these SAFE (or SMART) defined benefit …
Stockmarket Volatility And 401(K) Plans, Colleen E. Medill
Stockmarket Volatility And 401(K) Plans, Colleen E. Medill
Nebraska College of Law: Faculty Publications
Argues for a judicial interpretation of ERISA that encourages employers to select a default investment option for automatically enrolled participants that is broadly diversified in the equity markets, rather than a low-earning money market fund. Another potential conflict of interest arises when an employer includes company stock as an investment option, which can lead to potential breaches of the employer's duty of loyalty under ERISA. The question presented to the federal court is whether Employer has satisfied its fiduciary duty of prudence by selecting company stock as an investment option. Policy Analysis: Employer's Duty of Prudence in Selecting Company Stock …
Securities Regulation And Small Business: Rule 504 And The Case For An Unconditional Exemption, C. Steven Bradford
Securities Regulation And Small Business: Rule 504 And The Case For An Unconditional Exemption, C. Steven Bradford
Nebraska College of Law: Faculty Publications
Small businesses are an important part of the U.S. economy. When small businesses need to raise capital from the public, they must comply with securities laws and regulations. Most operators of small businesses are unfamiliar with the intricacies of securities law. As a result, they are likely to unwittingly violate these laws. This, combined with the high relative cost to small businesses of registering securities, led the Securities and Exchange Commission (SEC) to create several exemptions, including Rule 504 of Regulation D. Until recently, Rule 504 was a virtually unlimited exemption from the federal registration requirement for offerings of under …
Securities Regulation And Small Business: Rule 504 And The Case For An Unconditional Exemption, C. Steven Bradford
Securities Regulation And Small Business: Rule 504 And The Case For An Unconditional Exemption, C. Steven Bradford
Nebraska College of Law: Faculty Publications
Small businesses are an important part of the United States economy. In 1996, there were about 5.5 million small businesses in the United States employing between zero and five hundred workers, about 99% of all non-farm U.S. businesses. Businesses with five hundred or fewer employees employ 53% of the private non-farm work force in the United States, account for 47% of all sales, and are responsible for 51% of the private gross domestic product. During the period 1992 to 1996, small firms with fewer than five hundred employees also created virtually all of the net new jobs in the U.S. …
On Liberty And Life In Babylon: A Pilgrim's Pragmatic Proposal, Richard F. Duncan
On Liberty And Life In Babylon: A Pilgrim's Pragmatic Proposal, Richard F. Duncan
Nebraska College of Law: Faculty Publications
My purpose here is not to present a grand theory of the role of Christians in society. Nor is my goal to convince you that Christians should embrace libertarianism as a political theory or Biblical principle for all times and all places. I am neither a theologian nor a political scientist. I write as a sinner who has accepted Christ as Savior and as Lord, as a husband of a Christian wife, as a father of five children, and as an academic lawyer who teaches and writes about constitutional law. Although this essay is addressed to fellow "pilgrims" wandering in …
Review Of Reason In The Balance: The Case Against Naturalism In Science, Law And Education, By Philip E. Johnson. Downers Grove, Ill.: Intervarsity Press, 1995, Richard F. Duncan
Review Of Reason In The Balance: The Case Against Naturalism In Science, Law And Education, By Philip E. Johnson. Downers Grove, Ill.: Intervarsity Press, 1995, Richard F. Duncan
Nebraska College of Law: Faculty Publications
Book review of Reason in the Balance: The Case against Naturalism in Science, Law and Education, by Philip E. Johnson. Downers Grove, Ill.: InterVarsity Press, 1995.
Free Exercise Is Dead, Long Live Free Exercise: Smith, Lukumi And And The General Applicability Requirement, Richard F. Duncan
Free Exercise Is Dead, Long Live Free Exercise: Smith, Lukumi And And The General Applicability Requirement, Richard F. Duncan
Nebraska College of Law: Faculty Publications
The purpose of this article is to analyze and theorize about the general applicability standard and its impact on the free exercise of religion. At the end of the day, I will argue that free exercise is alive and well in the wake of Smith and (particularly) Lukumi.