Exclusionary Megacities, 2017 University of Pennsylvania Law School
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
Faculty Scholarship at Penn Law
Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the ...
Typology Of Public-Private Equity, 2017 UC Irvine School of Law
Typology Of Public-Private Equity, Sung Eun (Summer) Kim
Florida State University Law Review
Private equity, which pools funds for investment in private businesses, is one of the largest and fastest growing investment opportunities in the markets today. Private equity traditionally sought investments exclusively from sophisticated investors such as high net worth individuals and institutional investors. More recently, however, a growing number of private equity businesses have gone public and opened their doors to public investors, who are drawn to these investments because of the possibility of high returns and the opportunity to diversify their investment portfolios. In this Article, I review the universe of public-private equity (or PPE) businesses that are traded on ...
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, 2017 Boston College Law School
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R Tremblay
Paul R. Tremblay
The common, shared vision of lawyers’ ethics holds that lawyers ought not collaborate with clients in wrongdoing. Ethics scholars caution that lawyers “may not participate in or assist illegal conduct,” or “giv[e] legal services to clients who are going to engage in unlawful behavior with the attorney as their accomplice.” That sentiment resonates comfortably with the profession’s commitment to honor legal obligations and duties, and to fidelity to the law.
The problem with that sentiment, this Article shows, is that it is not an accurate statement of the prevailing substantive law. The American Bar Association’s model standards ...
Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, 2017 New York Law School
Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, James Hagy, Kelly Padden
In a conversation with Kelly Padden and Professor James Hagy of The Rooftops Project, Jon Denham and Paul Wolf reflect on their experiences with not-for-profit projects across mission types to draw lessons about creativity in locating and securing permanent space in one of the world’s most expensive real estate markets.
Profiles - Rosie's Theater Kids, 2017 New York Law School
Profiles - Rosie's Theater Kids, James Hagy, Frank Loffreno
What started out as a single dance and song class in a borrowed New York City public school lunchroom has evolved into programming that touches the lives of students across all five New York City boroughs in a dedicated building near the heart of the Broadway theater district. The Rooftops Project’s Frank Loffreno and Professor James Hagy visit with Rosie’s Theater Kids cofounder and Artistic and Executive Director Lori Klinger and Director of Advancement Lindsay Miserandino at the Maravel Arts Center in New York’s Midtown West neighborhood.
Profiles - The Sammons Center, 2017 New York Law School
Profiles - The Sammons Center, James Hagy, Brenda Alejo
A historic but disused water pumping station, sited between active freeways, became an early and enduringly successful innovator in mission-centered notfor- profit supportive space for the arts. Brenda Alejo and Professor James Hagy of The Rooftops Project talk with Joanna St. Angelo, Executive Director of the Sammons Center for the Arts in Dallas, Texas.
Perspectives - Bms Building Management Systems, 2017 New York Law School
Perspectives - Bms Building Management Systems, James Hagy, Frank Loffreno
How can not-for-profit organizations better prepare themselves to launch and sustain effective relationships with their outside janitorial, security, and maintenance service providers? Mike Doherty, President and CEO of BMS Building Management Services, and members of his New York City team consider these themes with Frank Loffreno and Professor James Hagy of The Rooftops Project.
Profiles - Barrier Free Living, 2017 New York Law School
Profiles - Barrier Free Living, James Hagy, Christopher Whalen
What if you were homeless, a victim of domestic violence, and perhaps were also struggling with physical or mental disabilities? Where would you go? Christopher Whalen and Professor James Hagy of The Rooftops Project visit with Paul Feuerstein, founder, President, and CEO of Barrier Free Living, which has served these needs in New York City through a unique program established almost 40 years ago.
Perspectives - Wework, 2017 New York Law School
Perspectives - Wework, James Hagy, Stephen Caracappa
While the concept of executive office suites has existed for decades, in recent years innovations have emerged seeking to provide a broader range of services and a sense of community combined with affordability and flexibility. Stephen Caracappa and Professor James Hagy of The Rooftops Project talk with WeWork executives David Fano and Mark Lapidus (Class of 2012) about the company’s business model, space concept and design, and the applications for not-for-profit organizations.
Perspectives - 120 Wall Street, 2017 New York Law School
Perspectives - 120 Wall Street, James Hagy, Alison Snyder
Through a decades-long collaboration with the city and state, not-for-profit tenants occupy office space in a landmarked structure in the heart of Wall Street with the unusual advantage of no real estate taxes. The Rooftop Project’s Alison Snyder and Professor James Hagy interview Jeremy Moss and Camille McGratty of Silverstein Properties at the iconic 120 Wall Street building in lower Manhattan.
Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, 2017 New York Law School
Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss
Federal and state law can impose compliance requirements affecting both disposing of and transacting in real estate by not-for-profit organizations. In a dialogue with The Rooftop Project’s Jordan Moss and Professor James Hagy, David Samuels and Themes Karalis of the law firm Duval & Stachenfeld illustrate situations, including some unique to New York law and regulation, in which compliance and care are warranted.
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, 2017 University of Western Ontario
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody
WTO law remains relatively uncontentious whereas international investment law elicits much more debate. This article posits that the differences in reception are attributable to deeper substantive differences about what is protected under each regime. In WTO law what is protected is the sum total of all commitments and concessions under the WTO Agreement, something that can be thought of as a “public” good. When a country injures that good, the remedy is for the country to cease the injury, a requirement that naturally places emphasis on obligation. In international investment law, by contrast, what is protected is individualized to a ...
Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac
Nevada Law Journal
No abstract provided.
European Economic Community-Community Law-National Economic Measures-In The Economic Sectors Governed By A Common Market Organization, Especially When Such An Organization Rests On A Common Pricing System, The Member States May Not Intervene Unilaterally By Means Of Internal Provisions In The Process Of Price Formation Determined By The Common Organization, 2017 University of Georgia School of Law
European Economic Community-Community Law-National Economic Measures-In The Economic Sectors Governed By A Common Market Organization, Especially When Such An Organization Rests On A Common Pricing System, The Member States May Not Intervene Unilaterally By Means Of Internal Provisions In The Process Of Price Formation Determined By The Common Organization, Harold L. Hooks Jr
Georgia Journal of International & Comparative Law
No abstract provided.
Abductive Reasoning In Wto Law, 2017 University of Western Ontario
Abductive Reasoning In Wto Law, Chios Carmody
Law is about many things, but at base it is about rights and obligations. That jural correlation is established and sustained by means of reasoning. We hold that an actor has a right or obligation by virtue of reasoning that classically occurs in one of two forms. An obligation creates a right by means of inductive logic that rests on the conviction of similar instances in the past and the need for proof. It can also create an obligation by means of deductive logic, that is, the process of reasoning from one or more statements (premises) that are used to ...
Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, 2017 Washington University School of Law
Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, Lauren Verseman
Washington University Global Studies Law Review
In the current human rights compliance landscape, a company like McDonald’s can pledge to serve sustainably sourced beef at its restaurants worldwide but at the same time decline to require policies that ensure employees at McDonald’s franchise locations are not subject to unfair labor practices, human rights abuses, or even human trafficking. This paper will explore the duty of business enterprises to respect human rights. It will then discuss the efforts to define the scope of a business and human rights treaty in the face of the “bundle of contracts”—the structures of many business entities, specifically franchise ...
Organizational Law As Commitment Device, 2017 Vanderbilt University Law School
Organizational Law As Commitment Device, Morgan Ricks
Vanderbilt Law School Faculty Publications
What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law the law of partnerships, corporations, private trusts, and their variants-serves primarily to structure relations between business owners, on the one hand, and business creditors, on the other. Under this "asset partitioning" theory, organizational law's main purpose is to shield business assets from claims of creditors of the business's owners, thereby giving business creditors a structurally senior claim on business assets. By relieving business creditors of the need to inspect the creditworthiness of business owners, the ...
Lender Discrimination, Black Churches And Bankruptcy, 2017 Indiana University Maurer School of Law
Lender Discrimination, Black Churches And Bankruptcy, Pamela Foohey
Articles by Maurer Faculty
Based on my original empirical research, in this Article, I expose a disparity between the demographics of the roughly 650 religious congregations that have filed for chapter 11 bankruptcy during part of the last decade and congregations nationwide. Churches with predominately black membership — Black Churches — appeared in chapter 11 more than three times as often as they appear among churches across the country. A conservative estimate of the percentage of Black Churches among religious congregation chapter 11 debtors is 60%. The likely percentage is upward of 75%. Black Churches account for 21% of congregations nationwide.
Why are Black Churches filing ...
Reliability Of Expert Evidence In International Disputes, 2017 United States Department of the Treasury
Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart
Michigan Journal of International Law
Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.
From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, 2017 Brooklyn Law School
From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini
Brooklyn Journal of Corporate, Financial & Commercial Law
In the recent past, hedge funds have demonstrated that they can pose and spread systemic risk across the financial markets, and that their managers can use them to commit fraud and misappropriation of fund assets. Even if the first issue now seems to be considered a serious one by the U.S. legislature, which in 2010, as a legislative response to the global financial crisis of 2007-2008, enacted the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (Dodd-Frank), the current regulation still appears inconsistent and inappropriate to prevent and face it. By contrast, the second issue is not always ...