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  Subjects -> LAW (Total: 1232 journals)
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LAW (700 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 38)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 3)
Alaska Law Review     Open Access   (Followers: 9)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 1)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 14)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 53)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 15)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 4)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 15)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 3)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 5)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 9)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 6)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 16)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 19)
Ave Maria Law Review     Free   (Followers: 2)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 17)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 9)
Boston College Law Review     Open Access   (Followers: 17)
Boston University Law Review     Free   (Followers: 10)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 7)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 2)
Cambridge Law Journal     Hybrid Journal   (Followers: 138)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 1)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 2)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 3)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 14)
Columbia Law Review (Sidebar)     Open Access   (Followers: 14)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 20)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 1)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 1)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 22)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 4)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 126)
European Public Law     Full-text available via subscription   (Followers: 33)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 3)
Florida State University Law Review     Open Access   (Followers: 3)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 19)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 22)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Akron Law Review
  [3 followers]  Follow
    
  This is an Open Access Journal Open Access journal
   ISSN (Print) 0002-371X
   Published by U of Akron Homepage  [1 journal]
  • Running the Race: An Evaluation of Post-Race-to-the-Top Modifications to
           Teacher Tenure Laws and a Recommendation for Future Legislative Changes

    • Authors: Kimberly M. Rippeth
      Abstract: Teacher tenure laws have been in existence for almost a century. However, in that time, teacher tenure has been under fire by individuals who consider it outdated and irrelevant. Additionally, teacher tenure laws have come under fire in recent decades due to a shift in education policy as a result of initiatives such as No Child Left Behind and Race to the Top. This article offers a closer look at the evolution of teacher tenure laws over the past century in order to understand and evaluate the wave of recent state legislation changes regarding teacher tenure laws. These changes, largely shaped by federal education policies, attempt to accomplish one of several goals: 1) allow districts to terminate a teacher’s employment based on the evaluations, 2) make it more difficult for teachers to attain tenure, and 3) eliminate seniority as a factor in determining which teachers should be terminated during times when the district must downsize its staff. This article evaluates how well current legislation addresses these concerns. This discussion culminates in a proposal to implement new legislation focused on extending teachers’ probationary periods before providing the benefits of tenure, incorporating more peer evaluations into measures of efficiency and effectiveness, and eliminating seniority as a consideration in reduction-in-force statutes.
      PubDate: Thu, 15 Jun 2017 10:56:20 PDT
       
  • Conserving Parks, Transforming Lives: How the Student Conservation
           Association is Shaping the Next 100 Years of National Parks and the Next
           Generation of American Youth

    • Authors: Liz Putnam
      Abstract: The National Park Service greeted a record-shattering 307.2 million visitors in 2015. Ironically, however, national parks are becoming irrelevant to large segments of our society. The typical national park visitor is approaching retirement age. Nearly four in five visitors are White, despite the fact that Whites currently make up less than 63% of the US population and are on pace to be in the minority by 2044. Throw in the nature-deficit disorder epidemic among today’s youth and the ongoing shift in our population to urban areas, and the trends do not bode well for the future of our parks.The National Park Service recognizes this dilemma as it charts a direction for its second century, and it has prioritized increasing youth engagement and cultivating a more diverse and inclusive following. The Student Conservation Association (SCA) has been making substantial contributions in these areas for the past six decades, but the transformative impact of SCA experiences in national parks and other wilderness areas been fully measured and analyzed only in the past year or so. The findings provide a formula for significantly advancing youth development as well as preserving our parks, and the evidence has been there from the very start.
      PubDate: Thu, 15 Jun 2017 10:56:16 PDT
       
  • Alaska: Extraordinary Parks, Extraordinarily Complicated

    • Authors: Julie Lurman Joly
      Abstract: In many ways, national parks in Alaska face the same difficulties as other parks nationwide: pockets of strong anti-federal sentiment, increasingly high usage rates (at least in a couple of Alaska parks) leading to resource degradation, decreasing funding, and increasing maintenance costs. On the other hand, Alaska parks are completely unique in their circumstances. Many parks in Alaska receive few to no visitors each year, and Alaska parks contain vast tracts of land and resources but are managed by the barest minimum number of employees. Furthermore, Alaska’s national parks operate in a more complex legal environment than most other national parks. While the National Park Service Organic Act (Organic Act) directs all parks, parks in Alaska must also contend with the additional legislative responsibility of the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.Alaska parks need stronger support in order to fully flex the authority given them by Congress and to meet all of their obligations and mandates. More robust support should take the form of greater access to increased human resources so that the vast natural resources under the NPS’s protection in Alaska can be better understood and managed and enhanced political capital so that the NPS in Alaska is encouraged to defend the natural resources and enforce the legal responsibilities entrusted to them by Congress. National parks often occupy the uncomfortable position of being in the vanguard of resource preservation. They must often implement and enforce laws that are politically unpopular in Alaska. Yet, the lack of popular appeal for these laws among some local populations does not free the NPS from its obligation to execute them fully. These are national lands, the goals assigned to them have been derived from the national population, and the additional assistance and motivation needed to meet those goals may need to come from outside of the state as well.
      PubDate: Thu, 15 Jun 2017 10:56:10 PDT
       
  • The National Park System and NEPA: Non-Impairment in an Age of Disruption

    • Authors: Jamison E. Colburn
      Abstract: We live in an age of disruption. “Disruptive innovations,” typically digital in nature, create new markets and value chains that grow and overthrow market leaders and other incumbents. The founders of our National Park System and National Park Service (NPS) had little sense of such disruption and, judging by how our park ideals have fared in recent decades, too little sense of how disruption works in nature, either. The parks embody a set of ideals and, as one of the most noted inventions of America’s democracy, sit in uneasy tension with the constant disruption of nature’s composition and function. The Organic Act of 1916 mandates that the parks be maintained unimpaired for future generations, but we have long suspected that climate disruption will mean even more risk to the park system’s “crown jewels.”Maintaining fragments of our natural world and national heritage undiminished for future generations is becoming a devilishly complex task. The National Environmental Policy Act (NEPA) could play a vital role in steering the cultural and institutional inertia of NPS while at the same time addressing two challenging statutory mandates. Given their natures, these two mandates promise to continue intertwining with each other and producing yet unknown legal duties for NPS. Fulfilling them will require NPS to get ahead of the informational and organizational challenges they bring, which may mean thinking like the disruptive innovator. NPS management must take the lead in spurring and supporting more experiments. If they do not, the informational and organizational burdens swelling behind the non-impairment/NEPA trends promise to fill its second century with distress.
      PubDate: Thu, 15 Jun 2017 10:56:04 PDT
       
  • An Introduction to the National Park Service Symposium

    • Authors: Sarah J. Morath
      PubDate: Thu, 15 Jun 2017 10:56:00 PDT
       
  • The National Park Service at 100

    • Authors: Donald J. Hellmann
      Abstract: In its first century, the National Park Service was transformed from an agency that managed a small number of western parks to one responsible for over 400 sites across the country. The management of these park sites has changed as well, with many new parks structured as a partnership effort between the National Park Service and surrounding cities and towns, as well as non-profit organizations and friends groups. The Park Service has had its work extended by Congress to reach beyond park boundaries in order to help states and local governments with resource preservation and the development of recreational opportunities in neighborhoods where people live and work. The Park Service has also been given a leadership role in providing technical assistance to other countries in creating national parks and preserving their natural and cultural resources.As the National Park Service enters its second century, it faces many of the same challenges as other federal agencies. The two primary challenges facing the National Park Service as it moves forward are ensuring sufficient funding for the national park system from Congress and other revenue sources and keeping the national parks relevant to succeeding generations of Americans.National parks remain popular with the American public for the way they connect us to the land and the story of our country. Perhaps former National Park Service Director George Hartzog stated it best when he said:“The national park idea has been nurtured by each succeeding generation of Americans. Today, across our land, the National Park System represents America at its best. Each park contributes to a deeper understanding of the history of the United States and our way of life; of the natural processes which have given form to our land, and to the enrichment of the environment in which we live.”
      PubDate: Thu, 15 Jun 2017 10:55:58 PDT
       
  • All is Whale That Ends Whale? The Deficiencies in National Protection for
           Orca Whales in Captivity

    • Authors: Hillary T. Wise
      Abstract: With the severity of our Earth’s climate change crisis, this article endeavors to underline the critical need for environmental reformation. It is no secret that orca whales epitomize miraculous intelligence, gentility, and strength. As overwhelming as this crisis might be, there are very concrete steps that our legal system can take to begin protecting and making a difference for our whales and our Earth. It is my hope that this article can shed some light on what is at stake for these animals, and how we might move forward toward a sustainable, safe future for them.
      PubDate: Mon, 15 Aug 2016 07:25:06 PDT
       
  • Getting Back to the "Grassroots" of Tax Administration: Because "We the
           People" Long For a Gathering of American Eagles to Restore Trust in the
           Internal Revenue Service with A Rebuild IRS Initiative

    • Authors: Frank Wolpe
      Abstract: Like America, our Internal Revenue Service is a work in progress. Yet, for best results, it’s better to avoid thinking too much about what it is or is not! Instead, let’s think more about what the IRS ought to be! This Article thusly offers a realistic path forward with new choices for a local presence, which once again makes it taxpayer/customer-centric. For more effective tax administration, it also offers a return to something that inexcusably went missing in 1998: senior-executive “on-site oversight” of field operations.If today’s Internal Revenue Service can be fairly described as an exploding volcano of public mistrust and suspicion, which it undoubtedly is, how can we cap and fix it? That may not be an easy question; but there are reasonable answers and options.To begin with, this Article encourages a bipartisan recognition that the local presence of grassroots IRS operations is more important to the taxpaying public than what thousands of Service bureaucrats do at their desks in Washington, D.C. With the harnessed vigor of our great nation, let’s therefore finally move forward to stop the continuing perception of the IRS as a not-so-helpful, dysfunctional and robotic agency. That means no longer surrendering to the tirelessly negative forces that work against good government. For too long we have settled for an IRS-bashing new normal, sadly accepted by very many good folks across our country’s multitude of cities and towns.So, let’s finally stand up straight and begin to pay attention to the goodly case against the IRS failure to bring back more taxpayer-friendly and decentralized, senior-executive local presence, once again with pre-1998 style “on-site oversight,” to better balance and manage distant field-operations.Mindful of that call, the curtain now rises on this Article’s central message, which in part tells the back story of what went so very wrong inside the IRS of 1998 and the years that followed. In that regard, the opening scene, which takes place circa 1998, is illuminated here more openly than elsewhere before.Today, a seemingly fast eighteen years later in 2016, we discover that the agency from 1998 onward has still not fittingly accepted the challenge of restoring lost trust by, among other moves, reinventing lost, bottom-up, senior-executive grassroots local presence and field-accountability. Missing also from the story-line are: (1) the IRS’s not-yet-full recognition of a public right to more accessible, face-to-face, taxpayer/customer-centric opportunities; (2) reinvented, geographically cohesive and decentralized field operations; and (3) the IRS’s need for a willingness to be more flexible with its seemingly rigid fixation upon robotically administered, all-digital and impersonal, taxpayer-service information technology (IT.) Let’s, therefore, start playing the always good game of Lost and Found! Lost—the people’s IRS: Found—We shall see!Nevertheless, none of this Rebuild IRS Initiative is intended to discount the value of numerous recent and praiseworthy IRS changes. Even so, without fresh nationally visible public outreach announcing gradual and non-disruptive structural change (as proposed herein), there are still too many uninspiring miles and years to go!No longer, generally speaking, silent, we speak out now because none of us IRS followers should have ever innocently overlooked, consciously dissed or accepted silently an IRS 1998, critically flawed, structural reorganization. In its fundamental design, with the programmed end of local IRS presence, it moved the Service further away from “We the People.” Compounding that setback, nowadays, we are also faced with the new prospect of the Service moving even further away with an overpoweringly robotic, IT-driven, all-digital IRS. Though a digital IRS, as a helpful option, may be even a great advance, all-digital is just another step backward; and we can do better! Besides, such a future state of affairs is even more worrisome since “all-digital” is apparently central to the IRS’s current, long-range planning (according to reports about what is commonly referred to as the IRS “Future State”).
      PubDate: Mon, 15 Aug 2016 07:25:01 PDT
       
  • The Quagmire of Mortgage Short Sale Transactions Under Current
           Homeownership Tax Policy in a Time of Crisis

    • Authors: Tracie R. Porter
      Abstract: The 2007 financial crisis continues to loom over homeowners who own underwater properties. What owning underwater property means for homeowners is that the home’s current market value is less than the mortgage balance, making it impossible to sell or refinance the home without the lender’s approval. The quagmire of financial indebtedness created by current tax laws and policy related to Mortgage Short Sale Transactions, or MSSTs, for homeowners creates an onerous tax liability on taxpayers selling underwater properties. The government and lenders, through various programs implemented to help distressed homeowners with underwater properties, created a belief among homeowners that MSSTs are a positive vehicle for selling their underwater properties. Prior to 2007, MSSTs were virtually non-existent. By forgiving the mortgage loan balance, however, lenders exposed homeowners to two situations. First, homeowners face exposure to possible deficiency judgments for the amounts of the forgiven loan balances, which some state laws addressed. Second, homeowners incur potential unavoidable tax liability created by federal and state tax laws for the forgiven indebtedness, which is considered taxable income. It is the latter of these two situations facing middle-class homeowners with properties underwater that this article addresses.
      PubDate: Mon, 15 Aug 2016 07:24:56 PDT
       
  • Northwestern, O'Bannon and The Future: Cultivating a New Era for
           Taxing Qualified Scholarships

    • Authors: Kathryn Kisska-Schulze et al.
      Abstract: On March 26, 2014, the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players were employees of the institution and could unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision—at that time—was that it could redefine the principle that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions, earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding was whether the Internal Revenue Service could logically continue to treat qualified scholarships received by student-athletes as excludable from gross income. To analyze the potential effects of federal income tax on qualified scholarships in the future, this Article provides a brief judicial history of the pay-for-play model, analyzes the language of the Internal Revenue Code as it applies to qualified scholarships, evaluates the potential characterization of student-athletes as employees, and concludes that defining student-athletes as employees of their institutions could cultivate a new era in taxing qualified scholarships from a federal income tax perspective.
      PubDate: Mon, 15 Aug 2016 07:24:52 PDT
       
  • "Transplanting" Organ Donors with Printers: The Legal and Ethical
           Implications of Manufacturing Organs

    • Authors: Katherine A. Smith
      Abstract: Three-dimensional (3D) printing is no longer restricted to simple inanimate objects; that conjecture is a thing of the past. With advancements in many areas of science, living tissues and organs can now be printed through a technique called 3D bioprinting. This technology could potentially save the lives of the 120,000 Americans in need of an organ transplant. However, whether or not a 3D bioprinted organ qualifies as a “human organ” under the National Organ Transplant Act (NOTA) and whether 3D bioprinted organs require federal approval could either delay or completely bar this technology’s promise. The Ninth Circuit’s Flynn v. Holder and Richards v. Holder and the federal approval requirement for lab-grown organs bolster the interpretation that a manufactured organ would be a “human organ.” The ethical ramifications of 3D bioprinting might also detract from the benefits it promises to offer. If and until the federal government approves it, private creation and selling of 3D bioprinted organs would exacerbate organ selling on the black market. With increasing progressive ventures in medicine, it may be an appropriate time for Congress to amend NOTA.
      PubDate: Fri, 22 Jul 2016 10:11:07 PDT
       
  • Curated Innovation

    • Authors: Lital Helman
      Abstract: The regulation of innovation-intensive industries is a critical issue for both innovation policy and regulation. In this Article, I propose a new framework to the way innovation-intensive industries are regulated.My proposal is a four-pronged model, which I term “Curated Innovation.” In the first stage, policymakers would set a standard that would represent the outcome the regulation seeks to achieve. Second, policymakers would launch a competition, where innovative technologies or methods would race to meet the standard that was defined. Third, policymakers would select the methods or technologies that come closest to meeting the standard and create an incentive in the marketplace to adopt them. Such incentives can come in various forms, such as prizes, expedited patent paths, or safe harbors from liability. Finally, policymakers would reconvene periodically to update the standard and examine the performance of new technologies or methods.Adoption of the Curated Innovation model would yield four key advantages. First, this model would improve the effectiveness of regulation because it would induce market-players to aim at the standard policymakers would set. Second, this model would spur innovation in the market by forming a path to the diffusion of the innovative solutions into the market. Hence, this model would ensure that innovation that has social value is not only produced but also adopted in the marketplace. Finally, this model would lead to evolvement of legal standards: it provides a dynamic process where the regulatory standard is constantly examined and updated to meet societal goals at an increasing rate of efficiency.
      PubDate: Fri, 22 Jul 2016 10:11:03 PDT
       
  • Are Universities Special?

    • Authors: Shubha Ghosh
      Abstract: Universities offer a space for development of ideas, exploration of basic research, and productive outlets for creation and invention. As such, they are key to the innovation environment within which intellectual property laws operate. Although scholarship has focused on universities as institutions counter to other institutions like markets and government, less attention has been paid to universities as organizations, a site for governance through detailed rules and commonly understood norms. When understood as an organization, universities display three overlapping, but distinct models: one of pure research, one of pure commercialization, and one of public purpose. These three models together define a multivalent view of the university. This Article examines the implications of this multivalent view of the university as organization to the issues of patent and copyright ownership, infringement, and enforcement. The multivalent model presented here provides a more robust and valuable approach to gauging the role of universities in promotion invention and innovation.
      PubDate: Fri, 22 Jul 2016 10:10:58 PDT
       
  • Intellectual Property Revenue Sharing as a Problem for University
           Technology Transfer

    • Authors: Jennifer Carter-Johnson
      Abstract: The Bayh-Dole Act, often credited with the explosion of university technology transfer, requires universities to incentivize invention disclosure by sharing the royalties generated by patent licensing with inventors. Many scholars have debated the effectiveness of university implementation of this requirement, and, indeed, the low rate of invention disclosure by academic researchers to the university is often a bottleneck in the technology-transfer process.Unfortunately, most discussions focusing on inventor compliance with Bayh-Dole Act requirements have explored faculty-inventor motivations. However, in most cases, university inventions are joint products of a group of university members including not only faculty but also post-doctoral researchers or graduate students. This collaborative nature of scientific research seems to have been lost in the design of the technology-transfer system. Some scholars have discussed inventorship determinations and the impact of incorrect inventor identification in pre-America Invents Act patent law. Generally, however, the dynamic interactions between joint inventors with different positions within the university are a little studied area of the technology-transfer process.Less well studied is the Bayh-Dole Act requirement that all inventors share in the revenue from a university licensed patent. The distribution of licensing revenue among inventors creates a question of how to divide the portion of the royalties allocated to inventors by the university. This Article explores that revenue distribution. To the extent that the university asks the input of the inventors, many of the problems in the initial recognition of students and post-doctoral fellows as joint inventors become again important in assigning a percentage of the revenue. Additionally, the negotiation power imbalance between joint inventors may indicate that the university should play a larger role in revenue allocation than it does in initial inventor determinations.
      PubDate: Fri, 22 Jul 2016 10:10:54 PDT
       
  • What's the Harm of Trademark Infringement?

    • Authors: Rebecca Tushnet
      Abstract: Over the course of the twentieth century, judges came to accept trademark owners’ arguments that any kind of consumer confusion over their relationship to some other producer caused them actionable harm. Changes in the law of remedies, however, have recently led some courts to question these harm stories. This Article argues for even more attention to trademark’s theories of harm; a clear-eyed look at the marketing literature, as well as the facts of particular cases, indicates that confusion about non-competing products is often harmless.
      PubDate: Fri, 22 Jul 2016 10:10:50 PDT
       
  • Fighting Collateral Sanctions One Statute at a Time: Addressing the
           Inadequacy of Child Endangerment Statutes and How They Affect the
           Employment Aspirations of Criminal Offenders

    • Authors: Sarah Wetzel
      Abstract: In an age where one in four adult Americans has a criminal record, post-conviction relief measures and review of criminal statutes is on the rise. This Comment addresses the inadequacy of current child endangerment statutes around the country by providing examples of those which are too broad and result in convictions of well-meaning parents and those which are too narrow and allow other parents to harm their children without repercussion. It then places these statutes in the context of collateral sanctions that are imposed on individuals with child endangerment convictions, particularly those related to employment and professional licensing.
      PubDate: Fri, 24 Jun 2016 08:51:20 PDT
       
  • Adding Insult to Death: Why Punitive Damages Should Not Be Imposed Against
           a Deceased Tortfeasor's Estate in Ohio

    • Authors: Alec A. Beech
      Abstract: A majority of jurisdictions in the United States have determined, either statutorily or judicially, that punitive damages cannot be imposed against deceased tortfeasors. However, a recent Ohio appellate court held to the contrary. In Whetstone v. Binner, the Ohio Fifth District Court of Appeals adopted the minority view when it held that punitive damages could be imposed against a decedent’s estate. This Comment takes the position that Whetstone was incorrectly decided. Specifically, this Comment argues that the longstanding purposes of punitive damages are not furthered when such damages are imposed against estates and that Ohio law supports this conclusion.
      PubDate: Fri, 24 Jun 2016 08:51:17 PDT
       
  • Socio-Economics: Challenging Mainstream Economic Models and Policies

    • Authors: Stefan J. Padfield
      Abstract: At a time when many people are questioning the ability of our current system to provide economic justice, the Socio-Economic perspective is particularly relevant to finding new solutions and ways forward. In this relatively short conclusion to the Akron Law Review’s publication, Law and Socio-Economics: A Symposium, I have separated the Symposium articles into three groups for review: (1) those that can be read as challenging mainstream economic models, (2) those that can be read as challenging mainstream policy conclusions, and (3) those that provide a good example of both. My reviews essentially take the form of providing a short excerpt from the relevant article that will give the reader a sense of what the piece is about and hopefully encourage those who have not yet done so to read the entire article.
      PubDate: Fri, 24 Jun 2016 08:51:13 PDT
       
  • Why Working But Poor? The Need for Inclusive Capitalism

    • Authors: Robert Ashford
      Abstract: This Article addresses two questions: (1) What other solutions beyond those already tried can and should be employed to reduce poverty? and (2) What can legal scholars, lawyers, law schools, legal clinics, and law students do to reduce poverty? The answer to the first question is to establish an “inclusive capitalism” by democratizing “capital acquisition with the earnings of capital” based on the principles of binary economics. This democratization requires extending to poor and middle­class people competitive access to the same government­supported institutions of corporate finance, banking, insurance, reinsurance, and favorable tax and monetary policies that are presently available primarily to people and businesses to acquire capital with the future earnings of capital substantially in proportion to their existing wealth. With this democratization, participation in capital acquisition by the vast majority of poor and middle class people would no longer be limited as a practical matter to their meager or even negative net worth. This democratization would transform the existing system of corporate finance (that presently functions primarily to concentrate capital ownership) into an ownership­broadening system of corporate finance. It would require no taxes, redistribution, borrowing, or government command. Corporations would be free to continue to meet their capital requirements as before, but they would have an additional, ownership­broadening, potentially more profitable, market means to do so. This additional means could be voluntarily employed to: (1) reduce poverty, welfare dependence, and fear of poverty by substantially enhancing the earning capacity of poor and middle class people (by supplementing their labor income and any transfer payments they may receive increasingly with capital income); (2) reduce tax rates, taxes, and the need for government expenditures; (3) enhance the earning capacity of the participating companies, their shareholders, their employees, and their customers; (4) reduce unemployment, raise wages, and enhance working conditions; (5) enhance the value of equity investments and retirement plans; (6) reduce the risk of borrowing; (7) promote more sustainable, environmentally friendly growth, and (8) enhance the creditworthiness of national governments and their ability to raise revenue. The answer to the second question is for legal scholars, lawyers, law students, and individuals with responsibility for the curriculum of law schools and activities of legal clinics (1) first to learn and to teach (a) the underlying principles of inclusive capitalism based on binary economics, (b) how this democratization with the earnings of capital can be practically implemented, and (c) how this democratization is a necessary part of any systemic solution to poverty and (2) then to advocate, work for, and facilitate its implementation.
      PubDate: Fri, 24 Jun 2016 08:51:10 PDT
       
  • Result Inequality in Family Law

    • Authors: Margaret F. Brinig
      Abstract: To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the U.S. Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.This Article empirically explores these questions using a large sample of more than a thousand family dissolution case records (divorces, support, and custody actions) from two counties in Arizona and five in Indiana. The cases were randomly selected from those initiated in January, April, and September of 2008, and documents were collected for all file entries at least through the next five years and were coded to permit comparisons along more than a hundred variables.The discussion involves differences—inequalities—based on income, parents’ marital status, race and ethnicity, and the presence or absence of domestic violence. It also compares results based upon differences in the two states’ parenting and child support laws, showing how presumptions and guidelines chosen to validate public policy can exacerbate inequalities.
      PubDate: Fri, 24 Jun 2016 08:51:06 PDT
       
 
 
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