From Here To Eternity: The Folly Of Perpetual Trusts,
2014
University of Michigan Law School
From Here To Eternity: The Folly Of Perpetual Trusts, Lawrence W. Waggoner
Law & Economics Working Papers
Trusts that can operate for as many as a thousand years or even forever, typically for the benefit of the settlor’s descendants living from time to time, now and in the future, are all the rage in banking and estate-planning circles. Before 1986, when Congress passed the federal generation-skipping transfer tax (GST tax), settlors had little incentive and probably little desire to establish perpetual trusts, even though they were permitted to do so under the law of Wisconsin, South Dakota, or Idaho. The GST tax created an artificial incentive for the wealthy to establish such trusts. The origin of the …
Environmental Law, Public Health, And The Values Conundrum,
2014
University of Michigan Law School
Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann
Michigan Journal of Environmental & Administrative Law
In September 1996, when I was nearing the end of my sixth year as a Justice Department environmental crimes prosecutor, one of my colleagues sent me an email that there was a “good-sounding RCRA [Resource Conservation and Recovery Act] knowing endangerment case developing in Idaho.” A twenty-year-old man named Scott Dominguez had collapsed inside a storage tank at an Idaho fertilizer manufacturing facility called Evergreen Resources. Mr. Dominguez could not be rescued for nearly an hour, because firefighters who responded to the scene did not know what was in the tank and what safety precautions they needed to take before …
Public Lands Access Association V. Board Of County Commissioners Of Madison County,
2014
University of Montana School of Law
Public Lands Access Association V. Board Of County Commissioners Of Madison County, Graham Coppes
Public Land & Resources Law Review
On January 16, 2014, the Supreme Court of Montana reversed and remanded a district court decision that had foreclosed the public’s right to access the Ruby River. The Court held that the right of way was a public prescriptive easement, which extended beyond the road surface itself to include such area as necessary for the county to maintain the road in the interest of the public. Furthermore, the Court concluded that once a public right-of-way is established by prescriptive use, the scope of current and future use of such an easement is not limited to those historic adversarial practices which …
Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare
Nevada Law Journal
In a presidential election year that saw candidates spend record sums to show they can best represent middle class voters, data reveals politicians have become significantly wealthier than their middle class constituents. This paper proposes an initial model for understanding how unions facilitate and support economic non-elite political candidates, thereby helping to increase political pluralism. Drawing upon social identity theory, we argue that unions enable economic non-elites to develop political skill sets through experience in the traditional industrial relations process and access to union membership opportunities. We test this model through case study analysis and propose opportunities for further research.
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan
Nevada Law Journal
No abstract provided.
Sewer Syndicalism: Worker Self-Management In Public Services,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink
Nevada Law Journal
No abstract provided.
Judicial Independence And Social Welfare,
2014
University of Virginia School of Law
Judicial Independence And Social Welfare, Michael D. Gilbert
Michigan Law Review
Judicial independence is a cornerstone of American constitutionalism. It empowers judges to check the other branches of government and resolve cases impartially and in accordance with law. Yet independence comes with a hazard. Precisely because they are independent, judges can ignore law and pursue private agendas. For two centuries, scholars have debated those ideas and the underlying tradeoff: independence versus accountability. They have achieved little consensus, in part because independence raises difficult antecedent questions. We cannot decide how independent to make a judge until we agree on what a judge is supposed to do. That depends on one’s views about …
Deutsche Bank V Chang: A Dramatic Reversal By The Court Of Appeal,
2014
Singapore Management University
Deutsche Bank V Chang: A Dramatic Reversal By The Court Of Appeal, Kee Yang Low
Research Collection Yong Pung How School Of Law
The 2012 High Court decision awarding scientist Chang Tse Wen US$49m for losses from investing in accumulators through Deutsche Bank has been overturned by the Court of Appeal. This article seeks to aid readers in understanding the CA decision and in appreciating the legal implications.
Public Law At The Cathedral: Enjoining The Government,
2014
Barry University
Public Law At The Cathedral: Enjoining The Government, Michael T. Morley
Faculty Scholarship
No abstract provided.
The ‘Competition Of The Market’: “Enter The Elephant!” [A Restatement Of A Most Perplexing First Amendment Conundrum],
2014
Duke Law School
The ‘Competition Of The Market’: “Enter The Elephant!” [A Restatement Of A Most Perplexing First Amendment Conundrum], William W. Van Alstyne
Faculty Scholarship
This short essay revisits the enduring problem of “government propaganda” in the domestic marketplace of “competing ideas.” Drawing his argument from the suggestions and from strongly worded dicta by several famous twentieth century justices (most notably Oliver Wendell Holmes, Jr., Louis Brandeis, Robert Jackson and Hugo Black), Van Alstyne suggests that the First Amendment invests every ordinary citizen with suitable standing (akin to that of a corporate shareholder) to call upon any judge bound by oath of office, as set forth in Article VI, and whose aid is thus appropriately invoked, to enjoin the government from acting as an ideological …
Universalism And Civil Rights (With Notes On Voting Rights After Shelby),
2014
University of Michigan Law School
Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos
Articles
After the Supreme Court’s decision in Shelby County v. Holder, voting rights activists proposed a variety of legislative responses. Some proposals sought to move beyond measures that targeted voting discrimination based on race or ethnicity. They instead sought to eliminate certain problematic practices that place too great a burden on voting generally. Responses like these are universalist, because rather than seeking to protect any particular group against discrimination, they formally provide uniform protections to everyone. As Bruce Ackerman shows, voting rights activists confronted a similar set of questions—and at least some of them opted for a universalist approach—during the campaign …
Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice,
2014
George Washington University Law School
Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice, William E. Kovacic, Petros C. Mavroidis, Damien J. Neven
Faculty Scholarship
The objective of this paper is to discuss and compare the role that different constituencies play in US and EU procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we consider how the procedure unfolds, which parties are involved, and how they can affect the procedure. Our discussion reveals a very different ecology. EU and US procedures differ in terms of their basic design and in terms of the procedures that are naturally …
Mediating Theft,
2014
University of Florida Levin College of Law
Mediating Theft, Kaitlyn E. Tucker
University of Florida Journal of Law & Public Policy
No abstract provided.
Reclaimed Water Use: The Example Of Florida,
2014
University of Florida Levin College of Law
Reclaimed Water Use: The Example Of Florida, Chelsea Anderson
University of Florida Journal of Law & Public Policy
No abstract provided.
No Entry To The Public Lands: Towards A Theory Of A Public Trust Servitude For A Way Over Abutting Private Land,
2014
Elisabeth Haub School of Law at Pace University
No Entry To The Public Lands: Towards A Theory Of A Public Trust Servitude For A Way Over Abutting Private Land, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article explores the problem of inadequate access and why owners of private property abutting public lands cannot fence out the public if their sole or primary purpose is to deny access to public land. The reasons why such landowners should not be allowed to put up fences, even on their own land, if the effect is to hinder the public's access to public land are several. First, it is opportunistic and unjustly interferes with citizens' ability to enjoy the interest they hold in public lands. Second, it denies citizens access rights rooted in the common law. Third, and perhaps …
Rebuilding From Ruins: The Role Of Historic Preservation In The Wake Of Disaster,
2014
University of Florida Levin College of Law
Rebuilding From Ruins: The Role Of Historic Preservation In The Wake Of Disaster, Elizabeth Turner
University of Florida Journal of Law & Public Policy
No abstract provided.
Discriminatory Strings Attached: Reining In The Testator's Intent In Conditioning Will And Trust Bequests,
2014
University of Florida Levin College of Law
Discriminatory Strings Attached: Reining In The Testator's Intent In Conditioning Will And Trust Bequests, Meelad Hanna
University of Florida Journal of Law & Public Policy
No abstract provided.
Borrowing By Any Other Name: Why Presidential "Spending Cuts" Would Still Exceed The Debt Ceiling,
2014
University of Florida Levin College of Law
Borrowing By Any Other Name: Why Presidential "Spending Cuts" Would Still Exceed The Debt Ceiling, Neil H. Buchanan, Michael C. Dorf
UF Law Faculty Publications
On three occasions since mid-2011, the United States has come perilously close to exhausting its borrowing authority under a statutory limit commonly called the "debt ceiling." In prior work, the current authors argued that, in the event that the debt ceiling is reached, the President will face a "trilemma" in which any realistic action he takes — defaulting on government obligations, raising taxes, or issuing debt in excess of the statutory ceiling — would unconstitutionally usurp legislative power. We argued that in such circumstances, violating the debt ceiling would be the "least unconstitutional option." Nonetheless, most pundits and politicians, including …
One(?) Nation Overextended,
2014
Boston University School of Law
One(?) Nation Overextended, Gary S. Lawson
Faculty Scholarship
The conventional wisdom prior to the founding was that republics needed to be small. The conventional wisdom today is that James Madison, and the example of the United States, proves this to be mistaken. But what if Madison was actually wrong and Montesquieu was right? In this article, I consider whether the United States has gotten too big for its Constitution, whether this massive size contributes to political dysfunction, and what might be done to remedy the problem if there is indeed a problem. I suggest that size can increase rather than decrease the dangers of faction because the increased …
Unfriendly Unilateralism,
2014
University of Michigan Law School
Unfriendly Unilateralism, Monica Hakimi
Articles
This Article examines a category of conduct that I call “unfriendly unilateralism.” One state deprives another of a benefit (unfriendly) and, in some cases, strays from its own obligations (noncompliant), outside any structured international process (unilateral). Such conduct troubles many international lawyers because it looks more like the nastiness of power politics than like the order and stability of law. Worse, states can abuse the conduct to undercut the law. Nevertheless, international law tolerates unfriendly unilateralism for enforcement. A victim state may use unfriendly unilateralism against a scofflaw in order to restore the legal arrangement that existed before the breach. …
