Introduction, Economic Aspects of Health Law Article
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Louis J. Virelli, Introduction, Economic Aspects of Health Law, 42 Stetson L. Rev. 1 (2012)Clicking on the button will copy the full recommended citation.
Articles
Gideon: Looking Back to the 40th Anniversary Article
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Ellen S. Podgor, Gideon: Looking Back to the 40th Anniversary, 36 The Champion 64 (2012)Clicking on the button will copy the full recommended citation.
Avoiding, Mitigating, and Compensating for Loss and Degradation of Wetlands in National Laws and Policies Article
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Royal C. Gardner et al., Avoiding, Mitigating, and Compensating for Loss and Degradation of Wetlands in National Laws and Policies, (2012)Clicking on the button will copy the full recommended citation.
Courting Independence: The Rise of Effective State Tax Courts and Tribunals Article
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W. Scott Wright et al., Courting Independence: The Rise of Effective State Tax Courts and Tribunals, Tax Analysts: State Tax Notes 475 (2012)Clicking on the button will copy the full recommended citation.
Post-Adoption Services Utilization Among African American Transracial and White American Parents: Counseling and Legal Implications Article
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Cynthia Hawkins DeBose, Post-Adoption Services Utilization Among African American Transracial and White American Parents: Counseling and Legal Implications, 20 Fam. J. 392– (2012)Clicking on the button will copy the full recommended citation.
Hiring Sexters to Teach Children: Creating Predictable and Flexible Standards for Negligent Hiring in Schools Article
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Kelly Feeley, Hiring Sexters to Teach Children: Creating Predictable and Flexible Standards for Negligent Hiring in Schools, 42 New Mexico L. Rev. 83 (2012)Clicking on the button will copy the full recommended citation.
Allocating Loss in Securities Fraud: Time to Adopt a Uniform for the Special Case of Ponzi Schemes Article
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Grant Christensen, Allocating Loss in Securities Fraud: Time to Adopt a Uniform for the Special Case of Ponzi Schemes, 3 Wm. & Mary Bus. L. Rev. 309 (2012)Clicking on the button will copy the full recommended citation.
The Global Financial Crisis precipitated a condensing of capital and a fall in global equities markets that resulted not solely in the necessity of government bailouts of the financial industry but also exposed a number of Ponzi schemes that collectively will cost investors tens of billions of dollars. With a new wave of litigation by innocent investors against Ponzi scheme operators just beginning, and likely to take years, it becomes important to clearly identify the methodologies used to value the loss and allocate existing assets among remaining creditors. To that end I offer this article to argue that courts ought to use a comparatively new approach – the loss to the losing victim methodology originally pioneered in criminal law – to determine how equally innocent victims share the losses these schemes precipitated. By standardizing the calculation of loss to investors in both criminal and civil law, the courts will not only make the determination of loss considerably easier, but also more equitable.
Projecting the Impact of Lanning and Ransom: Calculating “Projected Disposable Income” in Chapter 13 Repayment Plans Article
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Theresa J. Pulley Radwan, Projecting the Impact of Lanning and Ransom: Calculating “Projected Disposable Income” in Chapter 13 Repayment Plans, 29 Emory Bankr. Dev. J. 59 (2012)Clicking on the button will copy the full recommended citation.
This article considers the impact of two recent Supreme Court decisions regarding how a bankruptcy debtor calculates projected disposable income that must be dedicated to repayment of creditors in a chapter 13 case. Though the Supreme Court decisions seem consistent in that both reject a “formulaic” approach to that calculation, there are subtle inconsistencies that have caused confusion in applying these decisions. The article considers how these decisions impact the projected disposable income calculation in two different factual scenarios: (1) the debtor’s income or expenses terminate during the term of the plan, or (2) the debtor’s expenses remain the same but never reach the level of deductions contemplated by the United States Bankruptcy Code. Ultimately, the article concludes that the calculation of projected disposable income should focus on the debtor’s actual income and expenses in all situations.
Judging Indian Law: When Factors Influence Individual Justice’s Votes on Indian Law in the Modern Era Article
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Grant Christensen, Judging Indian Law: When Factors Influence Individual Justice’s Votes on Indian Law in the Modern Era, 43 U. Tol. L. Rev. 267 (2012)Clicking on the button will copy the full recommended citation.
Scholars of the Supreme Court often use a justice’s political ideology to predict their ultimate vote on Constitutional questions. While this approach may serve scholars well when questions involve hot button civil liberties issues that are the focus of confirmation hearings, ideology is in actuality a poor predictor of judicial behavior in other areas of law. This paper looks at one of the more complex – Federal Indian Law – and uses both descriptive statistics and more advanced quantitative analysis to go beyond the pure ideology and explain why individual Justices vote the way they do. Using the Fisher Exact Test, and a comprehensive new database of Indian Law decisions, I demonstrate that contrary to common expectations, factors like the Solicitor General’s participation are not significant in swaying an individual Justice’s vote, while factors like being the appellant party and certified questions of conflicting jurisdiction do statistically significantly alter an individual Justice’s vote on the merits. These factors provide better insight into the ultimate outcome – at a Justice level – of Indian law decisions before the Court, and can be used by parties to predict future Supreme Court outcomes on Indian law questions.
Mitigation Banking and Reputational Risk Article
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Royal C. Gardner, Mitigation Banking and Reputational Risk, 34 Nat'l Wetlands Newsletter 10– (2012)Clicking on the button will copy the full recommended citation.