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Forensic Accounting and Valuation in Delaware Litigation
Get PDFThis Article describes the forensic accounting and valuation tools available to Delaware litigators in commercial and corporate litigation as well as family law. Further, it details the licensing process and standards applicable to forensic accountants and shows how the methods utilized in this profession can assist litigators in a variety of contexts. Delaware cases in which courts have accepted or limited the use of expert forensic accountant testimony are explored and general principles for utilizing forensic accounting expertise in Delaware litigation are developed. The uses of forensic accounting in Delaware litigation are demonstrated across appraisal actions, divorce cases, fraud and fiduciary actions and investigations, and economic damages estimation
John Marshall Award
No full textFor Exceptional Character, Leadership and a Spirit of Selfless Service by Faculty Members, Administrators, or Staff.https://scholarship.law.wm.edu/wmlsawards/1000/thumbnail.jp
Relief and Its Costs: The Need for a Congressional Response to the Aftermath of \u3cem\u3eHarrington v. Purdue Pharma\u3c/em\u3e
No full textThis Note explores the fallout of the Harrington v. Purdue Pharma decision and the uncertainty it lends to the future of bankruptcy plans and third-party releases. Specifically, it proposes potential congressional solutions that can pave a path forward for parties to seek relief for the harms they have suffered under the actions of corporations and their leaders. Part I provides background information on the use of nonconsensual third-party releases in bankruptcy cases and their controversial nature. Part II analyzes the Supreme Court’s settling of that controversy in Harrington and the bases that it relied on in doing so. Part III argues that the Court’s ruling has serious policy implications that will prevent victimized parties from seeking and obtaining needed relief. Finally, Part IV suggests potential solutions that Congress can pursue to allow such victims to receive relief from third parties in bankruptcy cases.
This abstract has been taken from the author\u27s introduction
Beijing Children\u27s and Migrant Workers\u27 Legal Aid and Research Center in Beijing, China
No full textAlex Dai [1L] will conduct comparative research in Chinese and foreign legal systems on issues concerning the protection of children\u27s and migrant workers’ rights. The Legal Aid and Research Center is the largest public interest legal service organization in China and China\u27s first NGO to specialize in children\u27s rights
Georgia Asylum and Immigration Network in Atlanta, Georgia
No full textCatherine Xu [1L] will provide pro bono legal assistance to the immigrant community in the Eleventh Circuit. GAIN\u27s clients seek to escape persecution, human trafficking, domestic violence and sexual abuse
\u27Let\u27s Not Go to Camelot, \u27Tis Illegal\u27 : History and Tradition in Discriminatory Charter School Policy Justifications: The Chivalry Edition
No full textThis Article will begin in Part I with an overview of charter schools in the United States and a brief history of charter school growth in the United States. Part II then turns to focus upon charter schools and their growth in the state of North Carolina, emphasizing their legal uniqueness in relation to the North Carolina Constitution.
Second, CDS’s [Charter Day School, Inc.] dress code included a restriction for girls only— girls were required to wear either a dress or skorts (a combination of shorts covered with a skirt). Girls were not permitted to wear pants or shorts. The justification was based upon the principles of chivalry that include the fact that women and men are to take on very particular social roles. Part III of this Article will set out the facts of Peltier [Peltier v. Charter Day School, Inc.] and the dress code issues at CDS. Part IV will then explore the history and tradition of chivalry in detail, setting out its clear tradition of expected social roles for men and women.
Following this historical and traditional analysis of chivalry, Part V turns its focus upon the U.S. judiciary, providing an overview of cases concerning either, one, historical and traditional roles of women or, two, mentions of chivalry or medieval ideas within a given case. Part VI turns then to the theory of benevolent sexism to demonstrate how chivalric foundations in relation to gender always discriminate against females. Finally, in Part VII this Article addresses future considerations in light of the current political push to provide state funds not only to charter schools, but for private schools and home-schooling as well. Part VII demonstrates how a historical and traditional analysis of chivalry cannot avoid discrimination issues, no matter the arguments of the value of some chivalric virtues.
This abstract has been taken from the author\u27s introduction
Climate Liberalism and Decarbonization
No full textExisting climate policy goals require dramatic and rapid reductions in greenhouse gas (“GHG”) emissions. Achieving such reductions within the desired time frame is a tremendous challenge, particularly through conventional regulatory approaches. The conventional approach to environmental problems is to treat such problems as “market failures” that can be corrected by government intervention, such as through regulation. Such approaches are constrained by various sources of government failure that are exacerbated by the scale and scope of the problem. The knowledge problem, administrative transaction costs, and limits on regulatory throughput capacity all hamper the use of traditional regulatory tools to address the problem of climate change. An alternative approach to environmental problems views such problems not as “market failures” but as a failure to have markets in relevant contexts. This approach counsels looking for ways to extend market institutions to cover environmental resources and encourage decentralized, spontaneous responses to price signals as a means of encouraging environmentally desirable behavior. Such approaches have been successful at helping to address many environmental concerns and at encouraging net dematerialization in advanced market economies. These experiences offer lessons for how to more effectively encourage decarbonization and address climate change. Among other things, they suggest a greater emphasis on the conditions that foster innovation and a greater reliance on fiscal tools than on regulatory interventions
Facial Recognition AI
No full textThe integration of algorithmic decisionmaking and artificial intelligence (“AI”) into facial recognition technology poses new, unprecedented risks to privacy and individual autonomy rights, particularly in urban settings. The murder of Brian Thompson, CEO of UnitedHealthcare, in New York City on December 4, 2024, provides a timely case study to examine the deployment of facial recognition systems by the New York Police Department and other law enforcement agencies to identify the suspect. New York City deploys some of the most sophisticated surveillance architecture in the nation, put into place following the terrorist attacks of September 11, 2001. This Article explores the utilization of facial recognition systems and facial recognition AI in the investigation of Thompson’s murder. Ultimately, because of its limitations, facial recognition AI failed to assist law enforcement in identifying the suspect, Luigi Mangione, who was apprehended less than one week later through non-AI identification: a customer at a McDonald’s restaurant in Altoona, Pennsylvania, alerted a McDonald’s employee, who then reported the suspect to the local police. The benefits of facial recognition AI are uncertain, and its efficacy is largely unproven and untested. Facial recognition technology is largely unregulated and poses significant constitutional concerns. Specifically, this Article contends that the compelled deanonymization of individuals in urban settings results in diminished constitutional protections. It concludes that examining the European Union’s approach to AI oversight offers an important comparative perspective on regulatory approaches to facial recognition AI