It's A Bird, It's A Plane, It's Jus Cogens!,
2010
Northwestern University School of Law
It's A Bird, It's A Plane, It's Jus Cogens!, Anthony D'Amato
Faculty Working Papers
What we require—like the third bowl of soup in the story of the three bears—is a theory of jus cogens that is Just Right. I do not know if such a theory is possible. I don't even know if one is conceivable. But if someone conceives it, that person deserves the very next International Oscar. To qualify for the award, the theory must answer the following questions:
Purposeful Ambiguity As International Legal Strategy: The Two China Problem,
2010
Northwestern University School of Law
Purposeful Ambiguity As International Legal Strategy: The Two China Problem, Anthony D'Amato
Faculty Working Papers
For every definable term in international law there are clear cases and fuzzy cases. Everyone accepts that the term "state" applies to Paraguay, Poland, Portugal and over a hundred other clear cases, but does it apply to Puerto Rico, Western Samoa, the Isle of Man, the Channel Islands, Gibraltar, or the Vatican City? The word "treaty" has thousands of clear applications, but does it apply to an exchange of faxes between two governments or a handshake between two diplomats at a cocktail party? In addition to ambiguities of this kind, international law is replete with deliberately created ambiguities. One of …
All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others,
2010
IIT Chicago-Kent College of Law
All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt Than Others, Evelyn Brody
All Faculty Scholarship
Attention from the media notwithstanding, the nonprofit sector continues to achieve remarkable success in state supreme courts and statehouses in defending property-tax exemptions. But budget pressures remain. While the intermediate use of “payments in lieu of taxes” has not yet become a systematic compromise solution, PILOTs are attracting growing interest from local taxing jurisdictions. This Article highlights three issues— who decides the parameters of exemption, legislatures or courts; what are the specific factors and vulnerable subsectors; and how exemption is granted or withheld in practice—and concludes with several PILOT case studies. The Appendix sets forth a fifty-one-jurisdiction review of state …
Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms,
2010
Syracuse University
Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton
College of Law - Faculty Scholarship
This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers …
Fcc Regulation And Increased Ownership Concentration In The Radio Industry,
2010
Northwestern University School of Law
Fcc Regulation And Increased Ownership Concentration In The Radio Industry, Peter Dicola
Faculty Working Papers
In 1996, Congress increased the limits on how many radio stations one firm can own within a single "radio market." To enforce these limits, the FCC used an idiosyncratic method of defining radio markets, based on the complex geometry of the signal contour patterns of radio stations' broadcasts. Using a unique geographic data set, this paper provides the first calculations of the pre- and post-1996 limits on local radio ownership as actually implemented by the FCC. The limits are surprisingly permissive and vary considerably from city to city. While the limits were seldom binding on radio firms, I find a …
Blended Enterprise And The Dual Mission Dilemma,
2010
Brooklyn Law School
Blended Enterprise And The Dual Mission Dilemma, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Commentary: The Federalization Of Nonprofit Regulation And Its Discontents,
2010
Elisabeth Haub School of Law at Pace University
Commentary: The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The Internal Revenue Service, at the instigation of the Senate Finance committee-the Service's primary congressional overseer-has commenced a corporate governance initiative by issuing announcements and guidelines, as well as providing educational advice as to how charities' internal affairs should be ordered. The Service also has revised the Form 990 Annual Information Return, a publicly available document, so that it contains mandatory corporate governance questions.2 Nonprofit organizations traditionally have been creatures of state law and overseen by state agencies and regulators.3 What is unique about the corporate governance initiative is the Service's admission that it lacks express statutory authority for this …
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc,
2010
University of Michigan Law School
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Michigan Telecommunications & Technology Law Review
A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at …
Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age,
2010
University of Ottawa
Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan
Michigan Journal of International Law
This Article attempts to expose and problematize the ideological connections and normative commitments between these theoretical explanations of effectiveness and the pragmatic process-oriented proposals made in the 1990s when the United Nations was searching for ways to renew the discipline of international human rights law while avoiding the dual risks of politicization and Third World normative fragmentation. The liberal theory of effective supranational adjudication was the culmination of decade-long efforts by American liberal internationalists to provide a theoretical basis for and programmatic proposals towards achieving a more "effective" international human rights regime. Their theory aims at structuring the interface between …
Governing And Financing Blended Enterprise,
2010
Brooklyn Law School
Governing And Financing Blended Enterprise, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function,
2010
Melbourne Law School
The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function, Andrew D. Mitchell, David Heaton
Michigan Journal of International Law
This Article explores whether World Trade Organization (WTO) panels and the Appellate Body (WTO Tribunals) have the power to apply certain rules of public international law by reason of their judicial character, and because the application of these rules is necessary for the proper exercise of their judicial function. In other words, it seeks to answer the following questions: Do WTO Tribunals have inherent jurisdiction? And, if so, what are some of the rules applicable under and limitations on this jurisdiction?
Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns,
2010
University of Georgia School of Law
Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns, Catherine H. Curlet
Georgia Law Review
Since the enactment of the Constitution, scholars have fiercely debated the question of the appropriate balance between the branches of the federal government in matters of foreign affairs. Recently, the Supreme Court set forth some guidelines for striking this balance between the Executive and the Judicial Branches in litigation implicating foreign affairs,yet the guidelines leave much of this debate unresolved. A cross-section of recent appellate court decisions illustrates how lower courts have filled in these gaps when assessing how much deference to give an Executive's Statement of Interest filed in cases concerning foreign affairs. This Note extracts from these cases …
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America,
2010
Temple University Beasley School of Law
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
University of Richmond Law Review
No abstract provided.
Carpe Crisis: Capitalizing On The Breakdown Of Capitalism To Consider The Creation Of Social Businesses,
2010
Sturm College of Law at the University of Denver
Carpe Crisis: Capitalizing On The Breakdown Of Capitalism To Consider The Creation Of Social Businesses, Celia R. Tayloe
NYLS Law Review
No abstract provided.
Competence And Member State Autonomy: Causality, Consequence And Legitimacy,
2010
Indiana University Maurer School of Law
Competence And Member State Autonomy: Causality, Consequence And Legitimacy, Paul Craig
Articles by Maurer Faculty
The scope of EU competence and the limits on Member State autonomy can validly be analyzed from a variety of perspectives. This chapter considers one such perspective, the prevailing concern about the scope and exercise of EU competence. This concern is often based on the premise that some reified entity called the EU has increasingly arrogated power, with a consequent diminution of national autonomy that the Member States have been unable to resist, and the ECJ is frequently regarded as bearing primary responsibility. it will however be argued in the first half of this chapter that the Community courts were …
Organizational Liability And The Tension Between Corporate And Criminal Law,
2010
Brooklyn Law School
Organizational Liability And The Tension Between Corporate And Criminal Law, Miriam H. Baer
Faculty Scholarship
No abstract provided.
