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Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis 2023 New York University

Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis

Law & Economics Working Papers

Post-COVID, New York City faces reduced demand for commercial space in its central business districts, even as residential demand is resurgent. Just as in past eras of New York’s history, conversion of commercial spaces into housing may help the city adapt to these new market conditions and provide an additional pathway for producing badly needed housing. If 10 percent of office and hotel spaces were converted to residential use, around 75,000 homes would be created, concentrated in Midtown Manhattan. However, there are considerable obstacles to such conversions, including a slew of regulatory barriers. Allowing greater flexibility in building uses—including by …


Opinion: How Software Stifles Competition And Innovation, James Bessen 2023 Boston University School of Law

Opinion: How Software Stifles Competition And Innovation, James Bessen

Faculty Scholarship

Innovation is not what it used to be, and software is part of the reason. In many industries—industries well beyond Big Tech—dominant firms have built large software-based platforms delivering important consumer benefits, but these platforms also slow the rise of innovative rivals, including productive startups.5 Because access to these platforms is limited, competition has been constrained, creating a troubling market dynamic that slows economic growth.


Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps 2023 University of New Hampshire

Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps

UNH Sports Law Review

No abstract provided.


Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool 2023 University of New Hampshire

Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool

UNH Sports Law Review

No abstract provided.


Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin 2023 UNH Franklin Pierce School of Law

Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin

UNH Sports Law Review

No abstract provided.


Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel McCabe, Michael McCann, Alan Milstein 2023 UNH Franklin Pierce School of Law

Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein

UNH Sports Law Review

No abstract provided.


A Breakdown Of Where Nil Currently Stands, Justin Cavegn 2023 University of New Hampshire

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.


Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe 2023 Portland State University

Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe

University Honors Theses

In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …


Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton 2023 Boston University School of Law

Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton

Faculty Scholarship

This paper addresses a well-worn topic: originalism, the theory that judges should interpret the Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, another effect of originalism that I identify is the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law. I argue that …


Comparative Tax Law Guide, Kim Brooks 2023 Dalhousie University Schulich School of Law

Comparative Tax Law Guide, Kim Brooks

OER Texts

This extended bibliography is designed to support comparative tax law study by students, policy-makers, and tax practitioners. Studying comparative tax law is pure joy. And in addition to that, it enables you to:

  • more deeply understand your own tax system and context;
  • learn about another country’s system and context;
  • draw general conclusions about tax law;
  • press for or support tax law change;
  • facilitate tax law harmonization or coordination among jurisdictions;
  • delve into the role of tax in the spread of higher-order values like fairness, equality, transparency, or privacy;
  • explain why a country’s tax laws are the way they are; and …


Taming Wildcat Stablecoins, Gary B. Gorton, Jeffery Y. Zhang 2023 Yale School of Management

Taming Wildcat Stablecoins, Gary B. Gorton, Jeffery Y. Zhang

Articles

Cryptocurrencies, including stablecoins, are all the rage. Investors are exploring ways to profit off of them. Governments are considering ways to regulate them. While the technology underlying cryptocurrencies is new, the economics is centuries old. Oftentimes, lawmakers are so focused on understanding a new technological innovation that they fail to ask what exactly is being created.

In this case, the new technology has recreated circulating private money in the form of stablecoins, which are similar to the banknotes that circulated in many countries during the nineteenth century. The implication is that stablecoin issuers are unregulated banks. Based on lessons learned …


Deserting Desert Desserts: How Abandoning Outdated Buffet-Style Restaurants Could Aide In Nevada’S Statewide Ghg-Emission Reduction Goals, Emily Espinosa 2023 University of Nevada, Las Vegas -- William S. Boyd School of Law

Deserting Desert Desserts: How Abandoning Outdated Buffet-Style Restaurants Could Aide In Nevada’S Statewide Ghg-Emission Reduction Goals, Emily Espinosa

UNLV Gaming Law Journal

No abstract provided.


Blockchain Safe Harbor? Applying The Lessons Learned From Early Internet Regulation, Amy Cyphert, Sam Perl 2023 Marquette University Law School

Blockchain Safe Harbor? Applying The Lessons Learned From Early Internet Regulation, Amy Cyphert, Sam Perl

Marquette Law Review

It has been more than a quarter century since Congress enacted twin safe harbor provisions to help protect and encourage the growth of a nascent internet by removing some liability and regulatory uncertainty. Today, there are calls for a similar safe harbor provision for blockchain, the technology behind cryptocurrencies and smart contracts. What lessons have we learned from the implementation of the internet safe harbor provisions, Section 230 of the Communications Decency Act, and Section 512 of the Digital Millennium Copyright Act? This Article charts the history of those provisions and their judicial construction over the decades. It also examines …


Sovereign Debt Speculation: A Necessary Restraint Justified By A Concern For Debt Sustainability, Justin Vanderschuren 2023 Catholic University of Louvain (UCL)

Sovereign Debt Speculation: A Necessary Restraint Justified By A Concern For Debt Sustainability, Justin Vanderschuren

Fellow, Adjunct, Lecturer, and Research Scholar Works

The actions of funds speculating in sovereign debt, frequently nicknamed “vulture funds”, are often roundly criticized. These funds purchase distressed debts on the secondary market at reduced prices and then seek payment in court at face value plus interest and fees. Although their actions are legally justified, so-called “vulture funds” are vilified due to the negative impact of their activities on sovereign debtors and their population. While there is a strong demand for regulating sovereign debt speculation, various solutions already exist but are, in many ways, insufficient. This article argues for the adoption of a tailored regulation of the speculative …


Valuing Social Data, Amanda Parsons, Salomé Viljoen 2023 University of Colorado Law School

Valuing Social Data, Amanda Parsons, Salomé Viljoen

Law & Economics Working Papers

Social data production is a unique form of value creation that characterizes informational capitalism. Social data production also presents critical challenges for the various legal regimes that are encountering it. This Article provides legal scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production which is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that companies follow to build up and …


Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow 2023 University of Michigan Law School

Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow

Law & Economics Working Papers

The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …


Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll 2023 University of Michigan

Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll

Law & Economics Working Papers

As the Supreme Court recognized in its 2021 decision in Uzuegbunam v. Preczewski, nominal damages can redress violations of “important, but not easily quantifiable, nonpecuniary rights.” For some plaintiffs who establish a violation of their constitutional rights, nominal damages will be the only relief available. In its 1992 decision in Farrar v. Hobby, however, the Court disparaged the nominal-damages remedy. The case involved the interpretation of federal fee-shifting statutes, which enable prevailing civil rights plaintiffs to recover a reasonable attorney’s fee from the defendant. According to Farrar, a plaintiff can prevail by obtaining the “technical” remedy of nominal damages, but …


African Courts And International Human Rights Law, John Mukum Mbaku 2023 Brooklyn Law School

African Courts And International Human Rights Law, John Mukum Mbaku

Brooklyn Journal of International Law

The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …


Beyond Consumer Protection: Standardized Stablecoins Disclosure As Information Infrastructure, Shuping Li 2023 Brooklyn Law School

Beyond Consumer Protection: Standardized Stablecoins Disclosure As Information Infrastructure, Shuping Li

Brooklyn Journal of International Law

This article argues for standardized disclosure for stablecoins regulation. Information disclosure has long been considered a primary tool for consumer protection. Stablecoin issuers should disclose honestly and responsibly about the qualification of themselves, as well as the value, quantity, and operational mechanism of their stablecoins. Such disclosure can prevent issuers from taking advantage of information asymmetries for consumer exploitation or fraud. It is then up to the consumers to make informed investment or consumption decisions. More importantly, this paper argues that the fundamental role of information disclosure is to form a knowledge base for financial regulation and policymaking. The importance …


Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales 2023 Brooklyn Law School

Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales

Brooklyn Journal of International Law

Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …


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