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Rationalizing the Taxation of Reorganizations and Other Corporate Acquisitions
(Virginia Tax Review, 2007)
This article examines the taxation of human shareholders in the
case of mergers and acquisitions. Currently, the relevant law is
extraordinarily complex, utterly inconsistent, and in many instances
arguably unfair. There ...
Tort Liability Litigation Costs for Commercial Claims
(American Law and Economics Review, 2007)
This article analyzes tort liability litigation costs using the Texas Department of Insurance Commercial Liability Insurance Closed Claim database for the years 1988–2004. Insurer costs to defend claims in which a suit was ...
Reauthorization of the Voting Rights Act: How Politics and Symbolism Failed America
(Georgetown Journal of Law & Public Policy, 2007)
In passing a watered-down piece of legislation (in July 2006), the Senate missed a critical
opportunity to truly strengthen Section 5 of the Voting Rights Act and protect voters against voting rights violations on a ...
International Law and Constitutional Interpretation: The Commander in Chief Clause Reconsidered
(Michigan Law Review, 2007)
The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of ...
An Empirical Assessment of Early Offer Reform for Medical Malpractice
(Journal of Legal Studies, 2007)
The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual ...
The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions
(Pace Environmental Law Review, 2007)
This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...
Procedures as Politics in Administrative Law
(Columbia Law Review, 2007-12)
Legal scholars view administrative law as alternately shaped by concerns for procedural integrity and issues of political control, and therefore as consisting of largely conflicting rules. But they have overlooked that the ...
Modern Military Necessity: The Role & Relevance of Military Lawyers
(Roger Williams University Law Review, 2007)
Modern warfare presents an array of legalistic overtones that require the presence and participation of attorneys of exceptional courage and breadth of expertise in demanding and austere conditions. Military lawyers today ...
The Perils of Evidentiary Manipulation
(Virginia Law Review, 9/24/2007)
The use of evidentiary rules to achieve substantive goals strikes me as a Faustian bargain, and, given Bierschbach and Stein's acknowledgedly tentative position, I hope to
dissuade them of the virtues of the practice. My ...
What Are We Comparing in Comparative Negligence?
(Washington University Law Review, 2007)
In tort cases, comparative negligence now is the dominant method for determining damages. Under that method, the jury apportions fault among the parties and assesses damages in proportion to the relative fault assessment. ...