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Fuqua BCDE Peachtree Corners Project Owner v. Ordner Construction Co., et. al., Order on Defendants\u27 Motion to Dismiss
Get PDFTeaching Bankruptcy Valuations to Law Students and Other Unnatural Acts
No full textWe often measure that which we can as opposed to that in which we are most interested, and fail to appreciate the difference between the two. Experts may aid a trier of fact in measuring fair market value, fair value, investment value, or some other measure of value; however, courts make determinations with regard to a legal standard, not a financial standard. For example, “fair valuation” may be used for determinations of insolvency or the “fair and equitable” rule may be used for determinations of chapter 11 cramdown plan confirmation disputes. Other measures of value may be used in determining the amount of a claim or to satisfy other financial tests in bankruptcy. There is a difference between employing common valuation standards using traditional and well-accepted techniques and fashioning equitable relief demanded by bankruptcy law. Through the lenses of the “insolvency” and “fair and equitable” tests in the bankruptcy process, I suggest that principles of equity offer a competing vision in approaching valuation issues where an expert provides significant input in an overall assessment of the totality of circumstances, the bedrock principle of exercises of equitable remedies. In building the case, I challenge the body of criticisms directed at experts and courts in their construction of valuation models, susceptibility to hindsight bias, and manipulations of assumptions and inputs. I also modestly reject the notion that a market approach is less speculative than an income approach. Both approaches require considerable judgment—one more transparent and the other more opaque. Both approaches must be considered in the robust context of unique disputes, and their use may be driven by the application of specific statutory language. Throughout this Article, I identify various assumptions and inputs to classic valuation approaches and methods that have been rightly contested or unnecessarily confused. The process often requires an expert and a court to make tradeoffs between degrees of (i) relevance and reliability and (ii) opaqueness and transparency. In the end, valuations in bankruptcy disputes look less like lessons in finance, and more like classic fashionings of equitable relief in a court of equity, a needed reminder that finance is the handmaiden of the court and not its jailer
Imbalanced Incentives: A Content Analysis of research Participant Incentive Structures in Clinical and Translational Science
No full textIn conducting research with underserved and vulnerable populations, incentives for research participants can improve recruitment efforts. However, incentives lose influence if researchers treat them as merely transactional. This study seeks to identify how researchers describe research participant incentives and incentive structures, with a focus on populations that experience health disparities. This study is a content analysis of research publications from peer-reviewed clinical journals. Although researchers share information about procedures through conference proceedings and grey literature, the most common mechanism for disseminating details about research studies is peer-reviewed literature. Sampling included research manuscripts from four journals (Annals of Family Medicine, Annals of Internal Medicine, American Journal of Emergency Medicine, American Journal of Obstetrics and Gynecology) within 2017-19. Within each issue, coders coded all manuscripts that the journal categorized as research. Using a deductive coding scheme, four authors sorted papers by research that enrolled participants versus other methods and then coded papers for variables of interest. Of 519 articles reviewed, 204 reported results to studies that enrolled human participants. Nine of these targeted populations that were vulnerable or experience disparities. Of 204 studies, 12 (5.9%) described an incentive for research participation. Participant type was significantly associated with offering a participant incentive, p \u3c .001. Healthcare workers and online participants were more likely to receive an incentive than clinical research participants. Funding was also significantly associated with offering a participant incentive, p \u3c .001, regardless of funding source. Of the 12 papers that disclosed incentive information, two focused on vulnerable populations. Findings here show few publications describe incentive structures, which indicates that either 1) incentives are underutilized in recruitment efforts or 2) studies are not publishing incentive information. Furthermore, incentives are more frequently used to recruit healthcare worker populations than community or clinical participants, which may indicate a transactional approach in contrast to a community or patient-oriented approach to research participation. A standardized approach to describing incentives could help researchers and clinicians contextualize a study’s findings
Canary in the Coalmine: What it Means to Lose a Constitutional Right (The 66th Henry J. Miller Lecture)
No full textThe reversal of Roe v. Wade, the landmark Supreme Court decision to protect the right to choose abortion, is about much more than reproductive rights. At its heart, it’s about the rise of a conservative legal movement, the transformation of Supreme Court nominations, the fundamental changes in the U.S. Republican Party, and the rise of extreme polarization. What does this decision mean for democracy or the Court’s legitimacy?
As a preeminent expert on the legal and political history of our constitutional rights, lawyer and historian Mary Ziegler, author of Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment (2022) and the forthcoming Roe: the History of a National Obsession (2023), is uniquely situated to answer these questions and discuss this turbulent topic. Understanding what happened to Roe shines a light on broader issues of partisanship and the erosion of democratic norms in the United States. Ziegler’s lecture will also illuminate the dueling ideas of Roe, related to sexual violence, the role of courts in democracy, the politics of science, race and much more, exposed the inconsistencies and unsettled issues in US abortion politics
The Tourism Industry and Plastic Waste Policies - Comparative Perspectives from the Portuguese Experience
Get PDFThis paper investigates the correlations between the tourism industry and plastic waste. It starts by evidencing that increase in tourism is likely to enhance the volume and improper destination of waste, including plastic, which has become a major environmental concern in touristic cities. The paper suggests that, on the other hand, negative environmental impact caused by plastic may disincentivize tourism, due to pollution in beaches and seas. As tourism grew in Portugal, the country experienced an increase in plastic waste and has taken measures to deal with the problem. Portugal passed federal legislation to ban single-use plastic tableware as of 2020. Companies, NGOs, and the government are also joining forces to reduce plastic waste and increase recycling initiatives. These are examples to follow as the European Union and internationally-recognized NGOs, such as WWF, put fighting plastic waste as one of the main goals to cities’ environmental sustainability in the forthcoming decades
