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What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar Jan 2016

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar

Vincent Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …


Medical Staff Boot Camp, Rick D. Barton Dec 2014

Medical Staff Boot Camp, Rick D. Barton

Center for Health Law Policy and Bioethics

No abstract provided.


Schooling The Supreme Court, Christine Chabot Dec 2014

Schooling The Supreme Court, Christine Chabot

Faculty Publications & Other Works

Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the profession by reading the law alone.

The study finds that Justices' levels of agreement and politically independent voting vary significantly according to their professional training. In cases which divided the Court, Justices who shared the benefit of formal legal education (1) voted together more often …


Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith Dec 2014

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …


The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner Dec 2014

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Saint Louis University Public Law Review

No abstract provided.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG


Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court Dec 2014

Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from a final Order of Dismissal of the Fifth Judicial District court, Saint George Department Washington County State of Utah by The Honorable Jeffrey C. WIlcox


State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court Dec 2014

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.


Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave Dec 2014

Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave

Publications

The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.


The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton Dec 2014

The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton

UCF Forum

Why should I have to tell my sons to respect the police?


2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure Dec 2014

2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure

Austen Parrish (2014-2022)

No abstract provided.


The Diary Of An Ex-Con, Erica Edwards Dec 2014

The Diary Of An Ex-Con, Erica Edwards

Capstones

Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.


Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack Dec 2014

Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack

International Law Studies

A recurrent response to the development of increasingly autonomous weapons systems involves questions of accountability for serious violations of the law of armed conflict. Opinion is divided across a spectrum ranging from claims of an accountability vacuum and consequent calls for a complete ban to assertions that the weapons will present no new challenges and that the existing legal framework is capable of adaptation to emerging technologies. This article focuses on the expanded role played by developers of autonomous weapons systems. It describes the novel contributions made by developers of these advanced systems that raise the potential for them to …


Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals Dec 2014

Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners/Appellants Vs. Executive Director Of The Utah Department Of Environmental Quality And The Director Of The Utah Division Of Air Quality, In Their Official Capacity, And The Utah Department Of Environmental Quality, The Utah Division Of Air Quality, Respondents/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals Dec 2014

Michael S. Robinson, Plaintiff/Appellant, Vs. Jones Waldo Holbrook & Mcdonough, P.C.; Stephen C. Clark, And Melissa M. Bean, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

This is an appeal from a ruling of the Hon. Charlene Barlow of the Third District Court Salt Lake County, State of Utah


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Neal Deutsch, Individually And Dba Aone Media, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, Individually And Dba Little Gift Shop, Defendant/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2014

Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. Rebecca Nazar, D.B.A. Beccas Little Gift Shop, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEE

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE KEITH KELLY, DISTRICT
COURT NO. 129909968.


State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals Dec 2014

State Of Utah V. James C. Mccallie : Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a convictoin for aggravated assault, a third degree felony in the Third District Court, State of Utah, the Honorable Denise P. Lindberg, Judge, presiding.


Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2014

Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Rebecca Nazar \Dba\ Beccas Little Gift Shop Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY


Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli Dec 2014

Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli

International Law Studies

This contribution argues that autonomous weapons systems may have advantages from the perspective of ensuring better respect for international humanitarian law (IHL). This may be the case if they are one day capable of perceiving the information necessary to comply with IHL, can apply IHL to that information, and if it can be ensured that they will not deviate from the ways in which humans have programmed them. In the view of the author, targeting decisions do not require subjective value judgments a machine would be unable to make. In order to ensure IHL is respected with regard to use …


Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller Dec 2014

Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller

Nevada Supreme Court Summaries

The Court determined (1) when stating a claim for a negligence action in which medical monitoring is sought as a remedy, a plaintiff may satisfy the injury requirement by alleging that additional medical monitoring is reasonably required beyond the standard recommendations.


Our Global Commons, Brigham Daniels, James Salzman Dec 2014

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.


The Tragicomedy Of The Commons, Brigham Daniels Dec 2014

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …


Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig Dec 2014

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …


Introduction: To Economic Justice Dec 2014

Introduction: To Economic Justice

City University of New York Law Review

No abstract provided.


Front Matter Dec 2014

Front Matter

City University of New York Law Review

No abstract provided.


A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath Dec 2014

A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath

City University of New York Law Review

No abstract provided.


Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman Dec 2014

Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman

International Law Studies

As increasingly automated—and in some cases fully autonomous—weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose great challenges, however, with regard to law of armed conflict rules regulating the use of weapons. To adapt existing law to meet those challenges, we propose a three-tiered approach …