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Florida State University, Law, Business & Economics Research Paper Series

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1.

Brief of Comparative Constitutional Law Professors as Amici Curiae in Support of Plaintiffs-Counter-Defendants-Appellants in Petroleos de Venezuela et al. v. MUFG Union Bank, N.A.

FSU College of Law, Law, Business & Economics Paper No. 21-04
Number of pages: 33 Posted: 06 Apr 2021
Working Paper Series
Stanford University, Florida State University - College of Law, University of Virginia School of Law and Independent
Downloads 7
2.

Board Diversity Shareholder Suits: Diverging Materiality Tests under Rules 10b-5 and 14a-9

Number of pages: 65 Posted: 06 Apr 2021
Working Paper Series
University of Michigan Law School
Downloads 13
3.

Opportunities, Constraints and Critical Supports for Achieving Sustainable Local Pharmaceutical Manufacturing in Africa: With a Focus on the Role of Finance, Final Report

Nova Worldwide (2021), FSU College of Law, Law, Business & Economics Paper No. 21-03
Number of pages: 127 Posted: 28 Mar 2021
Working Paper Series
Florida State University - College of Law, University of Surrey School of Law, Howard University, Harvard University-Berkman Klein Center for Internet & Society and University of Pretoria
Downloads 5
4.

The Rights of Domestic Workers in India

Number of pages: 13 Posted: 27 Mar 2021
Working Paper Series
Galgotias University, School of Law
Downloads 10
5.

Too Much SALT? The Nuanced Impact of the State and Local Tax Deduction Cap on Pass-Through Business Taxpayers

25 Florida Tax Review __ (2021), FSU College of Law, Law, Business & Economics Paper No. 21-02
Number of pages: 45 Posted: 22 Mar 2021
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program, Florida State University and West Virginia University - College of Business & Economics
Downloads 48
6.

Tort Law and Feminism, forthcoming in Oxford Handbook on Feminism and the Law in the U.S.

(Deborah L. Brake, Martha Chamallas & Verna Williams, eds) (2021, Forthcoming ), FSU College of Law, Law, Business & Economics Paper No. 21-01
Number of pages: 26 Posted: 11 Mar 2021
Working Paper Series
Florida State University - College of Law
Downloads 40
7.

Burdens of Proof

Philosophical Foundations of Evidence Law (Oxford University Press, Christian Dahlman, Alex Stein & Giovanni Tuzet eds.) 2020, FSU College of Law, Law, Business & Economics Paper No. 20-22, FSU College of Law, Public Law Research Paper No. 937
Number of pages: 17 Posted: 04 Feb 2021
Working Paper Series
Florida State University College of Law
Downloads 84
8.

Paradoxes of Proof

Philosophical Foundations of Evidence Law (Oxford University Press, Christian Dahlman, Alex Stein & Giovanni Tuzet eds.) 2020, FSU College of Law, Law, Business & Economics Paper No. 20-21, FSU College of Law, Public Law Research Paper No. 936
Number of pages: 17 Posted: 04 Feb 2021
Working Paper Series
Florida State University College of Law
Downloads 59
9.

Leaders Are Not Fiduciaires

Alabama Law Review, Forthcoming, FSU College of Law, Public Law Research Paper No. 932, FSU College of Law, Law, Business & Economics Paper No. 20-19
Number of pages: 53 Posted: 10 Dec 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 54
10.

Recovery for Causing Tax Overpayment - Lyeth v. Hoey and Clark Revisited

The Tax Lawyer (Forthcoming), FSU College of Law, Public Law Research Paper No. 931, U of Michigan Law & Econ Research Paper Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 20-20
Number of pages: 26 Posted: 04 Dec 2020
Accepted Paper Series
University of Michigan Law School and Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 44
11.

Counterpoint:The Constitution is More Important than a Few Tax Dollars Squandered by Congress: Gitlitz Was Correctly Decided

ABA Tax Times, Vol. 40 No. 1, November 2020 , FSU College of Law, Law, Business & Economics Paper No. 20-23
Number of pages: 7 Posted: 03 Dec 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 13
12.

Evidence Law and Empirical Psychology

Philosophical Foundations of Evidence Law __ (Oxford Univ. Press 2021), FSU College of Law, Law, Business & Economics Paper No. 20-18
Number of pages: 21 Posted: 21 Sep 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 59
13.

Tax and Cross-Collateralized Nonrecourse Liability

24 Florida Tax Review __ (2021), U of Michigan Public Law Research Paper Forthcoming, FSU College of Law, Public Law Research Paper No. 928, FSU College of Law, Law, Business & Economics Paper No. 20-15
Number of pages: 20 Posted: 09 Sep 2020
Accepted Paper Series
University of Michigan Law School and Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 41
14.

Anti-Science Ideology

FSU College of Law, Law, Business & Economics Paper No. 20-17
Number of pages: 55 Posted: 04 Sep 2020 Last Revised: 04 Jan 2021
Working Paper Series
Florida State University - College of Law
Downloads 81
15.

The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic

Research Paper 116, South Centre, Geneva (August 2020), FSU College of Law, Public Law Research Paper No. 930, FSU College of Law, Law, Business & Economics Paper No. 20-16
Number of pages: 40 Posted: 28 Aug 2020
Working Paper Series
Florida State University - College of Law
Downloads 347
16.

Firms: An Economic Perspective

FSU College of Law, Law and Economics Paper No. 06-31, FSU College of Law, Public Law Research Paper No. 182
Number of pages: 14 Posted: 10 Aug 2020 Last Revised: 11 Aug 2020
Working Paper Series
University of Illinois College of Law
Downloads 1,353
17.

Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic

Journal of International Economic Law (Oxford), Volume 23, Issue 3, pp. 535-561, Sept. 2020, FSU College of Law, Law, Business & Economics Paper No. 20-14, Duke Law School Public Law & Legal Theory Series No. 2020-46, FSU College of Law, Public Law Research Paper No. 927
Number of pages: 27 Posted: 25 Jul 2020 Last Revised: 17 Nov 2020
Working Paper Series
Florida State University - College of Law and Duke University School of Law
Downloads 270
18.

Proof Discontinuities and Civil Settlements

22 Theoretical Inquiries L. 201 (2021), FSU College of Law, Public Law Research Paper No. 924, FSU College of Law, Law, Business & Economics Paper No. 20-12
Number of pages: 62 Posted: 22 May 2020 Last Revised: 24 Feb 2021
Accepted Paper Series
Florida State University College of Law
Downloads 36
19.

Copyright and Attention Scarcity

Cardozo Law Review, 2020, FSU College of Law, Law, Business & Economics Paper No. 20-08
Number of pages: 68 Posted: 15 May 2020 Last Revised: 21 Aug 2020
Accepted Paper Series
Florida State University - College of Law
Downloads 80
20.

Res Ipsa Loquitur: Reducing Confusion or Creating Bias?

Kentucky Law Journal, Vol. 108, 2020, Penn State Law Research Paper No. 09-2020, FSU College of Law, Law, Business & Economics Paper No. 20-11
Number of pages: 62 Posted: 31 Mar 2020 Last Revised: 21 Aug 2020
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program and The Pennsylvania State University (University Park) – Penn State Law
Downloads 46
21.

Brief of Trademark and Internet Law Professors as Amici Curiae in Support of Respondent

FSU College of Law, Public Law Research Paper No. 923, FSU College of Law, Law, Business & Economics Paper No. 20-10
Number of pages: 46 Posted: 18 Mar 2020
Working Paper Series
Florida State University - College of Law
Downloads 27
22.

LLC Default Rules Are Hazardous to Member Liquidity

FSU College of Law, Public Law Research Paper No. 900, FSU College of Law, Law, Business & Economics Paper No. 20-01, 76 Business Lawyer 151 (2020)
Number of pages: 32 Posted: 22 Jan 2020 Last Revised: 14 Jan 2021
Accepted Paper Series
Florida State University College of Law
Downloads 163
23.

Under the Radar: Reflections on ‘Forced’ Technology Transfer and the Erosion of Developmental Sovereignty

Under the Radar: Reflections on ‘Forced’ Technology Transfer and the Erosion of Developmental Sovereignty, GRUR International (Oxford), forthcoming 2020, FSU College of Law, Public Law Research Paper No. 915, FSU College of Law, Law, Business & Economics Paper No. 20-07
Number of pages: 4 Posted: 23 Dec 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 37
24.

Technology Governance in a Devolved Global Legal Order: Lessons From the China-USA Strategic Conflict

Technology Governance in a Devolved Global Legal Order: lessons from the China-USA strategic conflict, in A New Global Economic Order, Cheng Chia-Jui, et al, eds. (Brill/Nijhoff Publishers) (forthcoming 2021)(Update of February 13, 2021), FSU College of Law, Public Law Research Paper No. 214, FSU College of Law, Law, Business & Economics Paper No. 20-06
Number of pages: 28 Posted: 23 Dec 2019 Last Revised: 16 Feb 2021
Accepted Paper Series
Florida State University - College of Law
Downloads 47
25.

Placebo Marks

Pepperdine Law Review, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 20-05
Number of pages: 72 Posted: 07 Oct 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 49
26.

Responses to Liability Immunization: Evidence from Medical Devices

U of Alabama Legal Studies Research Paper No. 3420311, FSU College of Law, Law, Business & Economics Paper No. 20-04
Number of pages: 41 Posted: 17 Jul 2019 Last Revised: 14 May 2020
Working Paper Series
Florida State University - College of Law and University of Alabama - School of Law
Downloads 70
27.

The Tax Treatment of Liability Insurance Coverage

163 Tax Notes 1381 (2019), FSU College of Law, Public Law Research Paper No. 910, FSU College of Law, Law, Business & Economics Paper No. 20-03
Number of pages: 4 Posted: 16 Jul 2019
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 65
28.

Continuous Burdens of Proof

Nevada Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 905, FSU College of Law, Law, Business & Economics Paper No. 20-09
Number of pages: 48 Posted: 16 Jul 2019 Last Revised: 21 Aug 2020
Accepted Paper Series
Florida State University College of Law
Downloads 135
29.

Legislative and Regulatory Takings of Intellectual Property: Early Stage Intervention Against a New Jurisprudential Virus

Intellectual Property and Development: Understanding the Interfaces, pgs. 21-35, C. Correa and X. Seuba (eds.), Springer 2019, DOI: 10.1007/978-981-13-2856-5_2, FSU College of Law, Public Law Research Paper No. 903, FSU College of Law, Law, Business & Economics Paper No. 20-02
Number of pages: 15 Posted: 16 Jul 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 48
31.

'Tell the Truth': Truth in Music Advertising Post Tam

Oxford Handbook of Music Law and Policy, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-18, FSU College of Law, Public Law Research Paper No. 903
Number of pages: 22 Posted: 06 Jan 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 61
32.

Public-Private Partnerships As Models for New Drug Development: The Future As Now

in The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development, pp. 29-45, eds. M. Chon, P. Roffe & A. Abdel-Latif (Cambridge Univ. Press 2018), FSU College of Law, Public Law Research Paper No. 902, FSU College of Law, Law, Business & Economics Paper No. 19-01
Number of pages: 18 Posted: 27 Dec 2018 Last Revised: 24 Jul 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 91
33.

Democratizing Access to Survey Evidence of Distinctiveness

Trademark Law and Theory: Reform of Trademark Law (Dinwoodie & Janis, eds), Elgar, 2019, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-17, FSU College of Law, Public Law Research Paper No. 899
Number of pages: 23 Posted: 27 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 54
34.

Cooperation and Turnover in Law Faculties: A Game-Theoretic Model and Empirical Study

Marquette Law Review, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-16
Number of pages: 48 Posted: 15 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 39
35.

GoTaxMe: Crowdfunding and Gifts

Florida Tax Review, 2019, FSU College of Law, Public Law Research Paper No. 899, FSU College of Law, Law, Business & Economics Paper No. 18-15
Number of pages: 13 Posted: 06 Nov 2018
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 239
36.

Debate on Carried Interest

157 Tax Notes 1597, (Dec. 11, 2017), FSU College of Law, Public Law Research Paper No. 897, FSU College of Law, Law, Business & Economics Paper No. 18-14, U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 29 Oct 2018
Accepted Paper Series
University of Texas at Austin - School of Law, Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program and University of Michigan Law School
Downloads 77
37.

On the Limitations of Unitary Models of the Proof Process

FSU College of Law, Public Law Research Paper No. 896, FSU College of Law, Law, Business & Economics Paper No. 18-13
Number of pages: 7 Posted: 24 Oct 2018
Working Paper Series
Florida State University College of Law
Downloads 28
38.

Dissatisfied Members in Florida LLCs: Remedies

18 Florida State University Business Review 1 (2019, Forthcoming), FSU College of Law, Public Law Research Paper No. 894, FSU College of Law, Law, Business & Economics Paper No. 18-11
Number of pages: 30 Posted: 25 Sep 2018 Last Revised: 01 Feb 2019
Accepted Paper Series
Florida State University College of Law
Downloads 316
39.

The Law and Economics of the Going-Public Decision

The Oxford Handbook of IPOs (Oxford University Press, Forthcoming) , FSU College of Law, Public Law Research Paper No. 893, FSU College of Law, Law, Business & Economics Paper No. 18-10
Number of pages: 37 Posted: 18 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 147
40.

The Uncertain Case for Appraisal Arbitrage

Wake Forest Law Review, Vol. 52, No. 1, 2017, FSU College of Law, Public Law Research Paper No. 892, FSU College of Law, Law, Business & Economics Paper No. 18-9
Number of pages: 49 Posted: 17 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 32
41.

Legitimizing Character Evidence

Emory Law Journal, 2019 Forthcoming, FSU College of Law, Public Law Research Paper No. 890, FSU College of Law, Law, Business & Economics Paper No. 18-7
Number of pages: 62 Posted: 13 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 52
42.

The Paradox of Executive Compensation Regulation

44 Journal of Corporation Law (2019 Forthcoming), FSU College of Law, Public Law Research Paper No. 891, FSU College of Law, Law, Business & Economics Paper No. 18-8, Brooklyn Law School, Legal Studies Paper No. 600
Number of pages: 41 Posted: 13 Sep 2018 Last Revised: 22 Feb 2019
Accepted Paper Series
University of Connecticut - School of Law and Florida State University - College of Law
Downloads 114
43.

Behavioral vs. Traditional Corporate Finance: An Unabashed Critical Review

FSU College of Law, Public Law Research Paper No. 889, FSU College of Law, Law, Business & Economics Paper No. 18-6
Number of pages: 41 Posted: 11 Sep 2018
Working Paper Series
Florida State University
Downloads 494
44.

Prices Versus Quantities

Policy Instruments in Environmental Law (Richards, K. and J. Van Zeben, eds.), Elgar, 2018, FSU College of Law, Public Law Research Paper No. 884, FSU College of Law, Law, Business & Economics Paper No. 18-5
Number of pages: 16 Posted: 12 Jul 2018
Working Paper Series
Florida State University - College of Law
Downloads 30
45.

Digital Surveillance and Preventive Policing

Connecticut Law Review, Vol. 49, No. 5, 2017, FSU College of Law, Public Law Research Paper No. 880, FSU College of Law, Law, Business & Economics Paper 18-3
Number of pages: 42 Posted: 29 Jun 2018
Accepted Paper Series
Florida State University College of Law
Downloads 84
46.

Constrained Regulatory Exit in Energy Law

67 Duke Law Journal, 1687-1728 (2018) (Forty-Eighth Annual Administrative Law Symposium: Exit and the Administrative State), FSU College of Law, Public Law Research Paper No. 885, FSU College of Law, Law, Business & Economics Paper No. 18-4, Vanderbilt Law Research Paper No. 18-46
Number of pages: 43 Posted: 20 Jun 2018 Last Revised: 18 Oct 2018
Working Paper Series
Vanderbilt University - Law School and Penn State Law – University Park
Downloads 50
47.

Consumers, Seller-Advisors, and the Psychology of Trust

Boston College Law Review, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 18-2
Number of pages: 62 Posted: 21 Mar 2018
Accepted Paper Series
Florida State University - College of Law and Florida State University - College of Law
Downloads 98
48.

An Unintended Consequence of Reducing the Corporate Tax Rate

Tax Notes, Vol. 157, No. 8, 2017, FSU College of Law, Public Law Research Paper No. 869, FSU College of Law, Law, Business & Economics Paper No. 1-18
Number of pages: 4 Posted: 21 Dec 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 344
49.

Carbon Pricing

Chapter 3 in Legal Pathways to Deep Decarbonization in the United States (Dernbach, J. and M. Gerrard, eds.) Forthcoming, FSU College of Law, Public Law Research Paper No. 860, FSU College of Law, Law, Business & Economics Paper No. 7-17
Number of pages: 25 Posted: 06 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 86
50.

The Misfortune of the Deductions for Business and Personal Casualty Losses

Florida Tax Review, Vol. 21, FSU College of Law, Public Law Research Paper No. 858, FSU College of Law, Law, Business & Economics Paper No. 6-17
Number of pages: 43 Posted: 22 Sep 2017
Accepted Paper Series
Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program
Downloads 80