Posts tagged with: "scholarship"
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15 Apr 2014, 11:36 am by Matthew L.M. Fletcher
Here, in the Duke Journal of Constitutional Law & Public Policy Sidebar. Titled A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan, written by Meredith L. Jewitt. [read post]
15 Apr 2014, 11:28 am by Paul Caron
Nirupama Rao (NYU) presents The Price of Liquor is Too Damn High: State Facilitated Collusion and the Implications for Taxes (with Christopher T. Conlon (Columbia) at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Auerbach: Alcohol markets are subject to both heavy... [read post]
15 Apr 2014, 11:05 am by Paul Caron
Lily Kahng (Seattle) presents The Taxation of Intellectual Capital, 66 Fla. L. Rev. ___ (2014), at The University of Washington today as part of its Graduate Tax Program Colloquium Series: Intellectual capital — broadly defined to include nonphysical sources of value such as patents and copyrights, computer software, organizational processes... [read post]
15 Apr 2014, 10:35 am by Adam Steinman
Rhonda Wasserman (Pittsburgh) has posted on SSRN a draft of her article, Cy Pres in Class Action Settlements, which will be published in the Southern California Law Review. Here’s the abstract: Monies reserved to settle class action lawsuits often go... [read post]
15 Apr 2014, 10:00 am by Dan Ernst
This one looks fascinating, especially for fans of The Metaphysical Club.  Frederic R. Kellogg, George Washington University, has posted The Social Dimension of Legal Induction: The Problem of Legal Similarity and the Process of Entrenchment.  Here is the abstract:    (Credit: Library of Congress)After attending lectures on the logic of induction by C.S. Peirce in 1866 and reading J.S. Mill’s A System of Logic, O.W. Holmes Jr. echoed Mill’s critique of the… [read post]
15 Apr 2014, 9:32 am by Matthew L.M. Fletcher
Joanna Woolman and Sarah Deer have published “Protecting Native Mothers and Their Children: A Feminist Lawyering Approach” in the William Mitchell Law Review. From the introduction: A mother killing her child is a shocking event. In the United States, our child protection system seeks to prevent this type of horror, along with countless other acts that harm children. Despite having a system designed to protect children from harm, hundreds of children are killed by their mothers each… [read post]
15 Apr 2014, 8:17 am by Robin Effron
Jay Tidmarsh (Notre Dame) has posted Resurrecting Trial by Statistics to SSRN. “Trial by statistics” was a means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and... [read post]
15 Apr 2014, 7:47 am by Jeremy Telman
SSRN Top Downloads For Contracts & Commercial Law eJournal RECENT TOP PAPERS RankDownloadsPaper Title 1 328 Will Ticket Scalpers Meet the Same Fate as Spinal Tap Drummers? The Sale and Resale of Concert and Sports Tickets Gregory M. Stein University... [read post]
15 Apr 2014, 7:00 am by Karen Tani
Sarah Krakoff (University of Colorado Law School) has posted "Constitutional Concern, Membership, and Race," which is forthcoming in the Florida International Law Review (2014). Here's the abstract: American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies and the over-arching history of this country’s brand of settler-colonialism. One of the several legacies of this history is that federally recognized tribes have… [read post]
15 Apr 2014, 6:12 am by Matthew L.M. Fletcher
Seth Davis has posted “Tribal Rights of Action,” published in the Columbia Human Rights Law Review. Here is the abstract: What power do the federal courts have to supply tribal rights of action when Congress has been silent? This Article answers that question by linking two seemingly disparate schools of thought: federal Indian law and tort theory. Focusing upon tribal rights of action forces us to correct significant misunderstandings about perennial debates concerning corrective… [read post]
15 Apr 2014, 6:09 am by Matthew L.M. Fletcher
Mary C. Wood has posted “Tribal Trustees in Climate Crisis” on SSRN. It is forthcoming in the American Indian Law Journal. Here is the abstract: The legal “cornerstone” of federal Indian law is the federal trust obligation. The duty was formulated by courts long ago to protect native nations against federal actions that harm the retained tribal property and resources. Yet in recent years, courts have diminished the force of the doctrine by equating it, for all practical… [read post]
15 Apr 2014, 4:39 am by Workplace Prof
Michelle Travis (San Francisco) has just posted on SSRN her article (forthcoming Denver L. Rev.) Disabling the Gender Pay Gap: Lessons from the Social Model of Disability. Here's the abstract: As we celebrate the fiftieth anniversary of Title VII’s prohibition... [read post]
14 Apr 2014, 12:04 pm by Paul Caron
The Tax Law Review has published a new issue (Vol. 66, No. 4 (Summer 2013)), NYU/UCLA Tax Policy Symposium: The Income Tax at 100, 66 Tax L. Rev. 357-879 (2013): Deborah H. Schenk (NYU), Foreword: The Income Tax at 100, 66 Tax L. Rev. 357 (2013) Panel #1: The Role... [read post]
14 Apr 2014, 11:53 am by Dru Stevenson
Codes of legal ethics vary state by state, but most draw heavily from the ABA's Model Rules of Professional Conduct.  The ABA has revised Rule 1.6 (duty of confidentiality) in recent years, adding or clarifying exceptions, and states have been adopting these revisions very gradually, leading to many splits between states about when a lawyer can, or must, divulge confidential client information.  I have a new article on SSRN criticizing the confidentiality rules from a variety of… [read post]
14 Apr 2014, 11:36 am by Dan Ernst
[We have the following press release from the Organization of American Historians about former LHB Guest Blogger Susan Carle!] Atlanta, GA-April 12, 2014. At the 2014 OAH Annual Meeting, OAH President Alan M. Kraut and OAH President-Elect Patricia Limerick presented Susan D. Carle, American University, with the 2014 Liberty Legacy Foundation Award for the best book by a historian on the civil rights struggle from the beginnings of the nation to the present.  In Defining the Struggle: National… [read post]
14 Apr 2014, 10:50 am by Elie Mystal
When a tuition cut doesn't make everybody happy, I'm the voice of reason. [read post]
14 Apr 2014, 10:30 am by Dan Ernst
Corinna Lain, University of Richmond School of Law, has posted God, Civic Virtue, and the American Way: Reconstructing Engel, which is forthcoming in the Stanford Law Review 67 (2015).  Here is the abstract:     If ever a decision embodied the heroic, countermajoritarian function we romantically ascribe to judicial review, it was the 1962 decision that struck down school prayer — Engel v. Vitale. Engel provoked more outrage, more congressional attempts to overturn it,… [read post]
14 Apr 2014, 10:11 am by Paul Caron
The American Taxation Association has posted on SSRN the 21 papers from its 2014 Midyear Meeting. [read post]
14 Apr 2014, 10:09 am by Paul Caron
Michael J. Trebilcock (Toronto), Dealing with Losers: The Political Economy of Policy Transitions (Oxford University Press 2014): Whenever governments change policies—tax, expenditure, or regulatory policies, among others—there will typically be losers: people or groups who relied upon and invested in physical, financial, or human capital predicated on, or even deliberately... [read post]
14 Apr 2014, 7:00 am by Derek Black
The Journal of Law and Education's new issue is available. The table of contents and article summaries are as follows: Articles Gay Talk: Protecting Free Speech for Public School Teachers Stephen Elkind and Peter Kaufman.................................................................................... 147 Due to the harm free speech restrictions on teachers can cause students, this Article...<img src="http://feeds.feedburner.com/~r/EducationLawProfBlog/~4/MHK6hOF-UCk"… [read post]