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The widow of Dartmoor
No full textBeryl Stapleton felt joy, when her husband Jack was sucked into the Grimpen Mire. Free of his oppressive evil, she opened a fashionable dress shop in London. Known as The Widow of Dartmoor, her enterprise is a success . . . until she is caught, at 2am dragging the body of a murdered man into an alleyway. Who better to defend her than The Bastard, the nephew of Sherlock Holmes? A barrister, Jeremy Holmes is the illegitimate son of Sherlock\u27s oldest brother. Revered by the criminals of London, Jeremy lives to peel the masks off witnesses and find the truth. But his gifts are not the product of reason. Rather, his art. His pictures reveal the passions of those he draws. He can feel their hearts.https://scholarship.law.ua.edu/harper_lee_prize_books_2015/1004/thumbnail.jp
Government for the Time Being
No full textThere is an enormous scholarly literature on law\u27s treatment of religion. Most scholars now recognize that although the U.S. Supreme Court has not offered a consistent interpretation of what “non-establishment” or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: Namely, what practices constitute a “religious activity” such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?https://scholarship.law.ua.edu/fac_bookchapter/1047/thumbnail.jp
The business of being a lawyer
No full textBased on the successful law school course, The Business of Being a Lawyer, this book is designed for use as a course book, as a supplement in ongoing related courses such as legal professions or law office practice, and as a resource for law school auxiliary programs such as Career Services, Student Support, and Financial Aid and Counseling.https://scholarship.law.ua.edu/fac_books/1047/thumbnail.jp
Eitan Barak, Deadly Metal Rain: The Legality of Flechette Weapons in International Law Book Review
Get PDFThe Shadows and the Fire: Three Puzzles for Civil Rights Scholars: An Essay in Honor of Derrick Bell
Get PDFLegal Mirrors of Entrepreneurship
Get PDFSmall businesses are regarded the engine of the economy But just what is a small business Depending on where one looks in the law the definitions vary and they differ from one section to another Unfortunately what these various size classifications fail to assess are the policy considerations and the legislative intent for granting regulatory preferences to small concerns to begin with In the last century the US government has been cultivating one such policy of fiscal and economic growth Consequently Congress and private institutions have been acting to incentivize support and reward entrepreneurship through the law in order to stimulate the economy Nevertheless rather than targeting entrepreneurial businesses directly the law grants preferences to entities according to their size reflecting an obsolescent mirror of past economies Today while most entrepreneurial firms may start small not all small firms innovate and create new economic valueThis article applies mirror theory and proposes a novel legal model that strives to correlate between the design of our legal rules the goals they set to advance and the societal trends they reflect The article suggests replacing the current sizebased approach in our laws with a model that measures firms\u27 entrepreneurial orientation Unlike the current binary smallornot standard this multitiered simple and flexible model reduces the intrinsic arbitrariness complexity and uncertainty in current legal definition
Afterword: Responding to a World Without Privacy: On the Potential Merits of a Comparative Law Perspective
No full textRecent revelations about America\u27s National Security Agency offer a stark reminder of the challenges posed by the rise of the digital age for American law. These challenges refigure the meaning of autonomy and the meaning of the word “social” in an age of new modalities of surveillance and social interaction, as well as new reproductive technologies and the biotechnology revolution. Each of these developments seems to portend a world without privacy, or at least a world in which the meaning of privacy is radically transformed, both as a legal idea and a lived reality. Each requires us to rethink the role that law can and should play in responding to today\u27s threats to privacy. Can the law keep up with emerging threats to privacy? Can it provide effective protection against new forms of surveillance? This book offers some answers to these questions. It considers several different understandings of privacy and provides examples of legal responses to the threats to privacy associated with new modalities of surveillance, the rise of digital technology, the excesses of the Bush and Obama administrations, and the continuing war on terror.https://scholarship.law.ua.edu/fac_bookchapter/1022/thumbnail.jp
Evidence Law
No full textThe past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues.https://scholarship.law.ua.edu/fac_bookchapter/1075/thumbnail.jp
Untangling the Mystery of Teaching Business Organizations
Get PDFDrawing on over 20 years of experience this article outlines my pedagogy for teaching Business Organizations To help students make sense out of what initially appears to be a disorganized mess I organize the course to loosely follow the historical evolution of business organizations I start with the general partnership the oldest form After explaining how and why corporate general laws evolved in the late 19th and early 20th centuries I transition to corporate law as it applies to big business I start with shareholders rights and then move to the fiduciary duties owed by the board of directors In this section I refer to specific parts of James Stewarts nonfiction book DisneyWar to add more life to the material I transition to closely held corporations which emerged by the middle of the 20th century as an important avenue for small businesses to enjoy the corporate veil and then detail the legal problems the shareholders encounter I end the course with the rise of limited liability companies LLCs the fastest growing new business organization and to a lesser extend limited liability partnerships LLPs I work into the historical explanation of the LLCs rise with a brief sketch of the significant role business tax played an overview of the limited partnership which is now less frequently used I emphasize to the students that LLCs are a hybrid between corporations and partnerships with great variation among the states that offer the corporate veil and almost always favored partnership taxation I also point out that publicly traded Delaware LLCs with weaker fiduciary duty protections than publicly traded Delaware corporations are starting to emerg
Banks, Marijuana, and Federalism Symposium: Marijuana, Federal Power, and the States
Get PDFAlthough marijuana is illegal under federal law, twenty-three states have legalized some marijuana use. The state-legal marijuana industry is flourishing, but marijuana-related businesses report diffi- culty accessing banking services. Because financial institutions will not allow marijuana-related businesses to open accounts, the mari- juana industry largely operates on a cash-only basis-a situation that attracts thieves and tax cheats. This Article explores the root of the marijuana banking problem as well as possible solutions. It explains that although the United States\u27 dual banking system comprises both federal- and state- chartered institutions, when it comes to marijuana banking, federal regulation is pervasive and controlling. Marijuana banking access cannot be solved by the states acting alone for two reasons. First, marijuana is illegal under federal law. Second, federal law enforcement and federal financial regulators have significant power to punish institutions that do not comply with federal law. Unless Congress acts to remove one or both of these barriers, most financial institutions will not provide services to the marijuana industry. But marijuana banking requires more than just congressional action. It requires that federal financial regulators set clear and achievable due diligence requirements for institutions with marijuana-business customers. As long as financial institutions risk federal punishment for any mari- juana business customer\u27s misstep, institutions will not provide marijuana banking