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LAW (726 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
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: 20)
Administrative Law Review     Open Access   (Followers: 43)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 18)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 57)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 7)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
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   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
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: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
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: 8)
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: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
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: 24)
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: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 8)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
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: 21)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 162)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
China : An International Journal     Full-text available via subscription   (Followers: 18)
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: 2)
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: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 16)
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: 42)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 26)
Conflict Trends     Full-text available via subscription   (Followers: 11)
Cornell Law Review     Open Access   (Followers: 8)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 4)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 26)
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   (Followers: 1)
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: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 11)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     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: 7)
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: 7)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 17)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 11)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 15)
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: 4)
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: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 6)
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: 152)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 23)
European Review of Private Law     Full-text available via subscription   (Followers: 32)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 10)
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: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 5)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
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: 15)
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: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Akron Law Review
  [4 followers]  Follow
  This is an Open Access Journal Open Access journal
   ISSN (Print) 0002-371X
   Published by U of Akron Homepage  [1 journal]
  • Comment: An Examination of the Impact of Malpractice Law on Telepsychiatry
           Clinicians & Clients with Suicidal Ideations

    • Authors: Tristan Serri
      Abstract: It has been said numerous times that the law runs five years behind technology. Although this lag frequently causes numerous difficulties in all aspects of law, this delay is even more impactful in telemedicine. While all fields of telemedicine are expanding rapidly across the United States, the majority of states and the federal government have not yet implemented proper laws and procedures to protect both providers of telemedicine and their patients. The dearth of needed protocols and protections is even more pronounced when examining the subfield of telepsychiatry.In particular, the malpractice law surrounding telepsychiatry when dealing with patients with suicidal ideations is dramatically underdeveloped, if not entirely absent. To address at least some of these concerns, this comment proposes a solution that will resolve questions of malpractice standards and malpractice liability for practitioners of telepsychiatry. This comment suggests that, because telepsychiatrists who treat suicidal patients deliver care in a setting that varies greatly from standard treatment settings and because they are less capable of deploying protective measures should patients pose a serious risk of harm to themselves or to others, telepsychiatrists should be held to a higher standard of care than traditional psychiatrists. There is an epidemic of suicides in the United States and mental health professionals need clear guidelines as to how to properly conduct telepsychiatric care—for both practitioner and patient safety. The law makers of the country would be well advised to address these issues before it is too late.
      PubDate: Thu, 17 Aug 2017 12:23:44 PDT
  • Human Capital as Intellectual Property' Non-Competes and the Limits of
           IP Protection

    • Authors: Viva R. Moffat
      Abstract: Non-compete agreements have become increasingly common in recent years, imposed on twenty to forty percent (or more) of employees in some industries, both in the knowledge-intensive fields where they might be expected but also in the service industries on low-wage workers. As non-competes have proliferated, they have become increasingly controversial. Much of the discussion revolves around whether the agreements help or hinder innovation and economic growth. While this is also accompanied by some concern about the effect of non-competes on employees, little attention has been paid to the fact that employers use non-competes as tools for protecting intellectual property and in doing so treat human capital as form of intellectual property.Taking the IP justification seriously—that is, examining the efficiency and utilitarian arguments surrounding non-compete agreements—reveals the troubling personal autonomy and dignitary consequences of non-compete enforcement. From an efficiency perspective, the evidence is conflicting: it is far from clear that non-compete enforcement is necessary for increased innovation and economic growth. From a personal autonomy perspective, on the other hand, it is quite clear that non-competes have a variety of negative consequences.Evaluating non-competes under an IP framework and with the principles that are applied to other forms of intellectual property makes clear that treating human capital as a form of intellectual property, and using those agreements to control that IP, is deeply problematic.
      PubDate: Thu, 17 Aug 2017 12:23:41 PDT
  • Trademark Boundaries and 3D Printing

    • Authors: Lucas S. Osborn
      Abstract: 3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions for trademark law and policy and necessitates careful consideration of trademark law’s boundaries with other intellectual property regimes, including utility patent, design patent, and copyright law.
      PubDate: Thu, 17 Aug 2017 12:23:38 PDT
  • Charitable Trademarks

    • Authors: Leah Chan Grinvald
      Abstract: Charity is big business in the United States. In 2015, private individuals or entities donated over $350 billion, which accounted for approximately two percent of the gross domestic product in the United States. Even though this seems like big money, these donations were split among over 1.5 million organizations. And each year, the number of charitable organizations grows and therefore, the competition for public donations increases. In part to succeed in such competition, some charitable organizations have turned to branding and trademarks as a way to differentiate their entities and to encourage donations. Drawing from the for-profit branding and trademarking strategies, some charitable organizations have become valuable brands in their own right. Unfortunately, however, the similar phenomenon of trademark bullying has also seemed to have spilled over from the for-profit sector into the nonprofit one. This is arguably an even more nefarious problem than in the for-profit sector because nonprofits are supposedly on a mission to help society. If, in their goal to raise more money in performing their mission, these charitable organizations are actually harming society through the costs associated with enforcement and in reducing the number of charitable entities, then the work of these organizations seems to be counterproductive. Not only that, but in shrinking the market of charitable organizations, larger organizations are able to control which causes society should care about, leaving many other worthy causes underfunded or without funding.This Article posits that much of the blame for over-enforcement of trademark rights may, in large part, be placed on judicial interpretations of U.S. federal trademark law. Although federal courts are not united, the more restrained approaches to charitable trademarks courts have taken in the earlier part of the Twentieth Century appear to have shifted over the last few decades towards greater protection, particularly if the trademark holder is a well-established nonprofit. At the same time, case law appears to require an enhanced level of control over such charitable trademarks. Both strands in federal case law may be encouraging over-enforcement of trademark law, both formally and informally. In order to reduce bullying, this Article proposes a number of solutions, including a judicial heightening of certain pleading requirements and encouraging the responsible public shaming of charitable trademark bullies. In limiting the types of trademark infringement cases that could be brought and drawing to the public’s attention those cases that overstep the legal boundaries, charitable entities should hopefully feel freer to not worry about over-enforcing trademark rights and instead, focus on their missions to better our world.
      PubDate: Thu, 17 Aug 2017 12:23:35 PDT
  • Redefining the Intended Copyright Infringer

    • Authors: Yvette Joy Liebesman
      Abstract: The contemporary copyright infringer is pretty much anyone who can get caught. Yet, who could be caught back when the Copyright Act of 1976 was enacted is just a subset of those who can be caught today—we had very different concepts about who was the intended target of an infringement action than who fits into that mold today. The advent and growth of cyberspace communication now makes it both easier to infringe and for IP owners, with very little effort, to capture infringers. The ability of individuals to both easily infringe and easily be found infringing has altered the IP landscape in a significant way; it affects IP’s fundamental values and expands its limits. With this in mind, it is imperative that we examine who should be the intended infringer and whether all infringers should be treated the same with regards to remedies, based on the policy considerations when the act was drafted and today. Limiting the universe of infringers and the rights of copyright owners to the limits of protection when the 1976 Act was implemented is one viable approach to consider, as is differentiating remedies based on the type of infringer.
      PubDate: Thu, 17 Aug 2017 12:23:32 PDT
  • Copyright Easements

    • Authors: Jason Mazzone
      Abstract: When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem. Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author later assigns the copyright to a publisher, the copyright is held subject to the rights of the easement holder. The easement thus ties the author’s own hands: the author can no longer assign an unfettered copyright—and the publisher can no longer ask for it—because of the existence of the easement holder’s interests in the work. Copyright easements can protect the ability of authors, after they assign the copyright, and of others, to make productive uses of works in ways that are unlikely to affect the publisher’s economic interests. Copyright easements can also ensure that uses of works that do not require a copyright owner’s permission but which publishers frequently seek to prevent, such as fair uses, could occur more easily. Copyright easements thus benefit authors and the public alike. These benefits can be easily and immediately produced without any change to the Copyright Act.
      PubDate: Thu, 17 Aug 2017 12:23:29 PDT
  • Reconsidering Experimental Use

    • Authors: Rochelle Cooper Dreyfuss
      Abstract: In the years since the Supreme Court began to narrow the scope of patentable subject matter, uncertainties in the law have had a deleterious impact on several important innovation sectors, including, in particular, the life sciences industry. There are now initiatives to expand patentable subject matter legislatively. In this article, I suggest that the Supreme Court’s jurisprudence is an outgrowth of the concern that patents on fundamental discoveries impede scientific research. To deal with that issue, any measure to expand the subject matter of patenting should be coupled with a parallel expansion of defenses to infringement liability, including the restoration of a robust research defense. Most developed countries recognize strong defenses in favor of researchers and as OECD studies show, several are developing creative environments that lure scientists to relocate. It is therefore essential that the United States move quickly to enact laws that both encourage and facilitate research and that will preserve its technological dominance.
      PubDate: Thu, 17 Aug 2017 12:23:26 PDT
  • Patent Submission Policies

    • Authors: Ryan T. Holte
      Abstract: This Article focuses on the early stage of commercialization communication when a third-party inventor owns an invention protected by a patent that a manufacturer-commercializer may profit from producing—long before any allegation of infringement or litigation. These submission-review communications by unaffiliated third parties are covered by corporate policies known as “patent submission policies.” They are the figurative “front doors” to a company for any third-party inventor, crucial to the commercialization of inventions generally. Unfortunately, patent submission policies have thus far remained unstudied in legal academic scholarship.This Article collects and analyzes the current variations of patent submission policies adopted by the largest companies within four technical industries: automotive, computer hardware, computer services, and pharmaceutical. This review reveals clear inconsistencies regarding policies: some technology firms have policies that result in clear paths for third-party inventors to submit patents, while others have policies to effectively block submissions of inventions, block third-party communications, and slam the corporate doors in the face of outside inventors. Further, the lack of submission standards are somewhat unique as compared to other types of IP submissions—notably movie screenplays and book manuscripts—and often unique and inconsistent within specific technology industries themselves. This lack of standardization across similar firms adds to the notion that patent submission policies have thus far been insufficiently analyzed and have perhaps evolved inefficiently. With this research, many questions arise regarding a potential need for large technology firms to reevaluate their patent submission policies and open their front doors to third-party inventors
      PubDate: Thu, 17 Aug 2017 12:23:23 PDT
  • No Child Left Behind: Extending Ohio's Pretermitted Heir Statute to
           Revocable Trusts

    • Authors: Danielle J. Halachoff
      Abstract: Generally, pretermitted heir statutes protect a child, and under some statutes a more remote descendant of the testator from unintentional disinheritance. Their purpose is to carry out the presumed intent of the decedent to provide for a child inadvertently omitted from the will. Because revocable trusts are regularly used as substitutes for wills, primarily to avoid probate administration, presumptions regarding the intent of a decedent that are applicable to wills should also be applicable to revocable trusts. Additionally, many other problems that arise when disposing of a testator’s property at death may also arise with a settlor’s use of a revocable trust, and there is a recent trend toward resolving these problems by looking to the law of wills. Consequently, in Ohio, several statutory rules that apply to wills have been extended to apply to revocable trusts.The Ohio General Assembly should similarly amend the pretermitted heir statute to allow an afterborn child to receive a share of their deceased parent’s property, regardless of whether the child was inadvertently omitted from a will or revocable trust instrument. Although, in general, state legislatures have been slow to respond to the increase in the use of revocable trusts as will substitutes, persuasive authority supports the extension of this rule to revocable trusts. Moreover, the Ohio legislature has responded to similar issues that arise in relation to revocable trusts on a case-by-case basis and should do so here. By amending the statute, a decedent’s presumed intent will be given effect regardless of whether the decedent chooses to use a will, a revocable trust, or both, to dispose of his property at his death.
      PubDate: Wed, 16 Aug 2017 13:04:00 PDT
  • A Compromise - Adding a Knowledge Requirement to Rule 13b2-2 of the
           Securities Exchange Act of 1934

    • Authors: Danielle K. Shaffer
      Abstract: The United States Securities and Exchange Commission (SEC) was established to protect investors and support fair and efficient financial markets. To combat bribery of foreign officials in the practice of business, the Foreign Corrupt Practices Act enacted Section 13(b) of the Securities Exchange Act of 1934. Generally, Section 13(b) establishes requirements for the financial records, internal controls, and accounting of public companies. Section 13(b) maintains stricter requirements for financial records for the public and SEC to easily detect illegal activity as well as to deter the companies from participating in these activities. Following the Sarbanes-Oxley Act of 2002, the SEC enacted Rule 13b2-2 to clarify and strengthen the requirements of Section 13(b).Currently, there is a circuit split concerning whether scienter is requisite to finding liability under Rule 13b2-2. Only four federal circuits have ruled on this issue, and the majority of ruling appellate courts currently hold that there is not a scienter requirement in Rule 13b2-2. This holding has been established by the Second Circuit in SEC v. McNulty, the Seventh Circuit in McConville v. SEC, and the Eighth Circuit in SEC v. Das. Additionally, the courts find that the SEC upholds this view as well.The Ninth Circuit in SEC v. Todd held that there is a stricter standard for imposing liability under Rule 13b2-2. This standard is the scienter requirement, which requires the individual to knowingly make misrepresentations to an external financial statement auditor. The crux of the Ninth Circuit’s reasoning is that to not impose a scienter requirement would be to open liability on a wider class of individuals than intended by Congress in the enactment of the rule. With correct intentions, the Ninth Circuit successfully blurred the lines between whether there is a scienter requirement to find liability under Rule 13b2-2.It is important to clarify that Rule 13b2-2 does not explicitly state a scienter requirement to find liability, but should require the individual to have knowledge of the misrepresentation. The policy argument of the Ninth Circuit in Todd should not be ignored, but it also should not be used to create a requisite mental component to the rule that Congress did not intend. Rule 13b2-2 should have a knowledge requirement, but this requirement should be separate and distinct from a scienter requirement.
      PubDate: Wed, 16 Aug 2017 13:03:56 PDT
  • Buckle Up: State Child Safety Restraint Laws Need to be Strengthened to
           Better Protect Children

    • Authors: Ellen A. Black
      Abstract: Deaths of children due to vehicle accidents have drastically decreased since 1985, the year in which all states enacted laws requiring children to be secured in child safety restraints when traveling in a vehicle. Yet, vehicle accidents remain the leading cause of death for children in this country, with at least three children under the age of fourteen dying each day and 462 suffering from severe injuries due to vehicle accidents. In 2011, the American Academy of Pediatrics set forth recommendations seeking to lower these troubling statistics, but thus far, only four states have enacted legislation that mirrors, at least in part, the AAP’s recommendations. These states have charted a necessary path for other states to follow. A few states have attempted to pass stronger child safety restraint laws, but were unsuccessful due, in part, to misinformation surrounding the laws or concerns regarding governmental overreach. Nonetheless, states that have not enacted stronger child safety restraint laws need to heed the AAP’s recommendations and enact legislation that better protects children who otherwise will continue to be buckled up in a way that conflicts with the compelling scientific evidence.As the author of Oklahoma’s child safety restraint bill, which included the AAP’s recommendations, succinctly explained, “[w]hile we are required to buckle up, we aren’t required to buckle them up in a way that would save their lives.” It is time for all states to require children be buckled up in a way that would save their lives.
      PubDate: Wed, 16 Aug 2017 13:03:53 PDT
  • Clash of Cultures: Epistemic Communities, Negotiation Theory, and
           International Lawmaking

    • Authors: S. I. Strong
      Abstract: International lawmaking has become an increasingly important feature in today’s globalized society, although the process is often complicated and less than transparent to outsiders. Most scholars seeking to understand international lawmaking adopt a political paradigm. However, it is critical to consult other analytical models if every facet of the process is to be fully appreciated.This Article expands the conventional understanding about international lawmaking by applying a negotiation-analytic perspective to certain ongoing deliberations at the United Nations Commission on International Trade Law (UNCITRAL). In particular, the analysis considers how disparities between different epistemic communities could affect the shape and future of a proposed instrument on the international enforcement of mediated settlement agreements and whether the clash of cultures will prove fatal to the development of a new international instrument in this area of law.Specialists in international dispute resolution will be especially interested in this discussion, given the subject matter of the proposed instrument. For example, by helping various participants in the process appreciate the dynamics at issue in the current deliberations, this Article will help improve negotiation techniques and outcomes, particularly among arbitral specialists who see the proposed instrument as a threat to the hegemony of international commercial and investment arbitration.However, the analysis is also relevant to those in other fields, since it provides useful insights into the international lawmaking process more generally. In particular, the discussion identifies the difficulties experienced by newly formed epistemic communities seeking to expand their sphere of influence in international policymaking. As a result, this Article is of interest to a broad range of readers, including experts in international law, international relations and international dispute resolution.
      PubDate: Wed, 16 Aug 2017 13:03:50 PDT
  • A Philosophy Toolkit for Tax Lawyers

    • Authors: Bret N. Bogenschneider
      Abstract: Philosophy functions as a tool for tax lawyers.The various schools of philosophy are akin to a toolkit with different tools suited for differing projects where the more tools the tax lawyer knows how to use, the more effective he or she will be in the practice of tax law. This paper accordingly sets out to provide a systemization of philosophy relevant to tax law in the areas of Moral Philosophy, Legal Philosophy, Law and Economics, Philosophy of Science, Philosophy of Mind, Philosophy of Language, and Critical Legal Studies. A summary is provided of each followed by a discussion of prior applications to taxation along with its most cogent critique. With this mapping of philosophical thought, tax lawyers might be better positioned to apply philosophy to tax law in various future contexts. Also, prior criticisms of philosophy as applied to law as "intellectual voyeurism” or unwarranted “brilliance” are revealed as forms of doctrinal authoritarianism. Prior criticisms of interdisciplinary research in law, including those by the Chief Justice, are also addressed.
      PubDate: Wed, 16 Aug 2017 13:03:47 PDT
  • "Cut - and That's a Wrap" - The Film Industry's Fleecing of
           State Tax Incentive Programs

    • Authors: Randle B. Pollard
      Abstract: When film production costs in California skyrocketed in the 1990s, states began creating tax incentive programs to attract film industry production. Currently, thirty-seven states have some type of film industry incentives and twenty-two states offer film tax credits. The 2014 movie Divergent, based on a science fiction book trilogy that takes place in a future post-apocalypse Chicago, cost $85 million to create, $30 million of which was spent in Illinois. The film producers promised to produce 1,000 jobs and in return received over $5 million in Illinois film tax credits. Did the reduction of tax revenue collected by the state of Illinois result in net economic growth'Recent economic studies suggest that tax incentive programs for the film industry often do not produce the promised economic returns. Nonetheless, state film industry tax incentives remain popular with state economic-development departments. The program costs are increasing and represent significant expenditures in state budgets with the potential for negative effects on state economies. States cannot continue to afford lost tax revenue that does not produce net economic growth.Most state tax incentive programs are focused on four major industries: manufacturing, agriculture, energy (oil, gas, and mining), and the film industry. The film industry shares the same issues of accountability as other industries. However, unique to the film industry is the difficulty in measuring economic growth from the temporary jobs generated and less public scrutiny of net economic growth due to the novelty and allure of film production to the public.States have limited resources and cannot afford costly multi-million-dollar tax-incentive programs for the film industry that do not produce the promised results. This Article examines the effectiveness of state tax incentives for the film industry and proposes solutions for more effective and efficient use of state tax revenue to promote economic development.
      PubDate: Wed, 16 Aug 2017 13:03:43 PDT
  • Tax Treaty Models - Past, Present, and a Suggested Future

    • Authors: Doron Narotzki
      Abstract: Most scholarly research on tax treaties deals with the question of whether tax treaties are essentially necessary and how they work to eliminate double taxation, attract foreign direct investments, and promote the exchange of information. Although these questions are important, each of them treats one specific aspect of tax treaties in a way that can be described as, at best, speculative. That specific aspect is the tax policy a country wishes to implement in each tax treaty. Although everyone assumes a policy exists, no one actually knows what the policy is or any other details regarding it. All too often, tax treaties are negotiated and eventually signed without a deeper understanding of what the intended goals are for each specific partner and how to achieve these goals through the details within the tax treaty.Tax treaties have been around for nearly a century and have not witnessed much reform since their creation. They are bilateral agreements in a world of multilateral trade agreements and can take decades to conclude. Much of the language and structure of treaties are incapable of providing guidance in contemporary relations, and these documents must be updated for use in the modern age. This paper principally focuses on the United States tax treaty policy, its history, and its inefficiency in handling the United States’ economic interests. It will also review the general background concerning the development of the current tax treaty models by the United States (U.S.), United Nations (U.N.), and the Organization for Economic Cooperation and Development (OECD). Additionally, each of the tax treaty models will be analyzed and compared. Lastly, this paper will analyze two more regions, China and Latin America, to show that the aforementioned inefficiency of international tax treaty policy is a global phenomenon and must be resolved specifically and directly by acknowledging its existence and electing to take a better approach than the current predominant system.
      PubDate: Wed, 16 Aug 2017 13:03:40 PDT
  • The Next Best Defendant: Examining a Remote Text Sender's Liability
           Under Kubert v. Best

    • Authors: Christopher P. Edwards
      Abstract: Texting and driving is a dangerous activity that is responsible for many of the avoidable accidents that occur due to distracted driving. While many state legislatures have responded by enacting formal prohibitions on texting and driving, the penalties are far less severe than other forms of distracted driving, namely driving while intoxicated. While a texting driver is exposed to some liability for their conduct, the text sender generally bears no responsibility. While prohibiting texting and driving on the part of the recipient-driver is the more obvious approach to addressing the issue, the very nature of texting requires the participation of two individuals, which suggests that the text sender’s conduct should also be addressed.In Kubert v. Best, the Superior Court of New Jersey properly extended potential liability not merely to the driver who causes an accident due to texting and driving, but also to the sender of the text. Kubert’s holding represents a departure from traditional notions of third-party tort liability and imposes a new duty on remote senders of text messages. While the Superior Court concluded that the evidence presented by the Kuberts was insufficient to hold the remote text sender liable, it held that “the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus become distracted.” Because the threshold of proving that a remote text sender has breached his duty is higher than ordinary standards of conduct, Kubert’s holding offers a realistic approach to reducing incidences of texting while driving. It also forces society to re-examine how drivers should use electronic devices when operating an automobile.
      PubDate: Fri, 28 Jul 2017 13:06:08 PDT
  • Sound Principles, Undesirable Outcomes: Justice Scalia's Paradoxical
           Eighth Amendment Jurisprudence

    • Authors: Mirko Bagaric et al.
      Abstract: Justice Scalia is renowned for his conservative stance on the Eighth Amendment and prisoners’ rights. Justice Scalia held that the Eighth Amendment incorporates no proportionality requirement of any nature regarding the type and duration of punishment which the state can inflict on criminal offenders. Justice Scalia has also been labelled as “one of the Justices least likely to support a prisoner’s legal claim” and as adopting, because of his originalist orientation, “a restrictive view of the existence of prisoners’ rights.” A closer examination of the seminal judgments in these areas and the jurisprudential nature of the principle of proportionality and rights (including prisoners’ rights) arguably put this characterization in a different light. While Justice Scalia may have been a foe of a move to less harsh sentencing and expansive rights to prisoners, there is an underlying coherence to some of his key decisions that is underpinned by the provisions he was applying and, even more so, the logical and normative contents or vagueness of the concepts under consideration.In relation to the proportionality principle, both philosophy and an underlying coherency in the approach to statutory and constitutional interpretation support the position adopted by Justice Scalia. The contrary is the situation in relation to Justice Scalia’s position on prisoners’ rights. However, the criticism of Justice Scalia regarding his approach to Eighth Amendment issues in the context of prisoners’ rights has been overstated. The views he espoused in this context are shared by the majority of the Supreme Court. From the perspective of interpreting the Eighth Amendment in a manner which would result in a moderate or lenient approach to the punishment of offenders, Justice Scalia was a foe of criminal law and procedure. However, his judgments in this context reveal he was a friend to adopting a rigorously consistent conservative approach (non-outcome driven) to statutory and constitutional interpretation.
      PubDate: Fri, 28 Jul 2017 13:06:05 PDT
  • Justice Scalia as Neither Friend nor Foe to Criminal Defendants

    • Authors: Tung Yin
      Abstract: At first glance, Justice Scalia may appear to have been something of a “friend” to criminal defendants, as he authored a number of opinions ruling against law enforcement. However, his opinions reflect his fidelity to his constitutional vision of originalism rather than an intent to favor criminal defendants. Nevertheless, these cases are often offered as legitimate examples of how he did not have a purely results-oriented approach to deciding criminal procedure issues. Yet, a closer examination of Justice Scalia’s “defendant-favorable” opinions suggests that the results often have an air of unreality to them. In practice, there is no way for the police to change their behavior to address the identified unconstitutional action, or if there is a way for the police to respond, it would be expanding the scope of criminal liability in ways that worsen the predicament for future criminal defendants.In Hamdi v. Rumsfeld, the Court held that an American citizen captured on the battlefield in Afghanistan could be detained as an enemy combatant pursuant to the congressional Authorization for Use of Military Force (AUMF), but was entitled to legal representation and some kind of hearing to contest his combatant status. Justice Scalia, in his dissent, argued that an American citizen should either face trial on criminal charges, with all of the due process that criminal defendants receive, or that the President should persuade Congress to suspend the writ of habeas corpus to allow military detention. But in practice, these are staggeringly bad options, even from a civil libertarian standpoint, at least given the actual facts of Hamdi’s capture and detention. Though Justice Scalia’s fidelity to his constitutional vision was admirable in its consistency, it sometimes led to, or would have led to, results that simply could not be squared with the real world.
      PubDate: Fri, 28 Jul 2017 13:06:02 PDT
  • Originalism and the Criminal Law: Vindicating Justice Scalia's
           Jurisprudence - and the Constitution

    • Authors: Adam Lamparello et al.
      Abstract: Justice Scalia was not perfect—no one is—but he was not a dishonest jurist. As one commentator explains, “[i]f Scalia was a champion of those rights [for criminal defendants, arrestees], he was an accidental champion, a jurist with a deeper objective—namely, fidelity to what he dubbed the ‘original meaning’ reflected in the text of the Constitution—that happened to intersect with the interests of the accused at some points in the constellation of criminal law and procedure.” Indeed, Justice Scalia is more easily remembered not as a champion of the little guy, the voiceless, and the downtrodden, but rather, as Texas Gov. Greg Abbott said, an ‘unwavering defender of the written Constitution.’”Justice Scalia’s frustration with the Court was certainly evident at times during his tenure, and understandably so. In United States v. Windsor, Scalia lamented as follows:We might have covered ourselves with honor today, by promising all sides of this debate that it was theirs to settle and that we would respect their resolution. We might have let the People decide. But that the majority will not do. Some will rejoice in today's decision, and some will despair at it; that is the nature of a controversy that matters so much to so many. But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better.The above passage captures the essence of Justice Scalia’s philosophy, and the enduring legacy that will carry forward for many years after his death. At the end of the day, Justice Scalia, whether through well-reasoned decisions, blistering dissents, or witty comments at oral argument, spoke a truth that transcends time: “[m]ore important than your obligation to follow your conscience, or at least prior to it, is your obligation to form your conscience correctly.” And “[h]ave the courage to have your wisdom regarded as stupidity… and have the courage to suffer the contempt of the sophisticated world.” You will be missed, Justice Scalia. You left the Court—and the law—better than it was before you arrived.
      PubDate: Fri, 28 Jul 2017 13:05:59 PDT
  • The Death Penalty and Justice Scalia's Lines

    • Authors: J. Richard Broughton
      Abstract: In Justice Scalia’s lone dissenting opinion in Morrison v. Olson, he lamented that, after the Court had upheld a law that he believed violated the separation of powers, “there are now no lines.” Lines were of critical importance to Justice Scalia – in law and in life – and informed much of his work on criminal law issues (Morrison, after all, was a case about the nature of federal prosecutorial authority). In the area of capital punishment, in particular, Justice Scalia saw clear lines that the Court should not cross. He believed that the Constitution contemplates the existence of a death penalty, and in the absence of a national consensus against a particular practice or a violation of some specific provision of the Constitution, the Court should avoid judicial abolition to serve some desirable political end. Yet today, there is a serious, renewed effort to employ the judicial branch to abolish the death penalty in America through constitutional adjudication.This article explores Justice Scalia’s work in capital cases, as well as his extrajudicial writing on the death penalty, and examines the state of the current movement to place the death penalty’s constitutionality before the Supreme Court. In particular, the article considers the effect of Justice Scalia’s death upon the judicial abolition of capital punishment. Ultimately, this article explains why the constitutional abolition of the death penalty by the Supreme Court would cross – indeed dismantle – those lines that Justice Scalia believed to be so important to the preservation of American constitutionalism, federalism, and institutional legitimacy.
      PubDate: Fri, 28 Jul 2017 13:05:56 PDT
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