Digital Commons Network^™

Sufficiency Of The Evidence Does Not Meet Daubert Standards: A Critique Of The Green-Sanders Proposal, Aaron Twerski, Lior Sapir

Faculty Scholarship

No abstract provided.

Guantanamo And The End Of Hostilities, Eric Talbot Jensen

Faculty Scholarship

Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …

Future War, Future Law, Eric Talbot Jensen

Faculty Scholarship

Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …

Human Rights Pragmatism And Human Dignity, David Luban

Georgetown Law Faculty Publications and Other Works

Human rights sound a lot like moral rights: rights that we have because we are human. Many philosophers think it follows that the list of international human rights must therefore be founded on some philosophical account of moral rights or of human dignity. More recently, other philosophers have rejected this foundationalist picture of international human rights (“foundationalist” meaning that moral rights are the foundation of international human rights). These critics argue that international human rights need no philosophical foundation; instead, we should look to the actual practices of human rights: the practices of international institutions, tribunals, NGOs, monitors, and activists. …

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short

Nevada Supreme Court Summaries

The Court determined one issue: whether it is within a hearing officer’s duty to determine the appropriate level of discipline and impose that determination.

Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.

Summary Of Dogra V. Liles, 129 Nev. Adv. Op. 100, Jeff Scarborough

Nevada Supreme Court Summaries

The Court determined three issues: (1) whether a nonresident defendant is subject to personal jurisdiction in Nevada when the sole basis asserted is her adult child’s unilateral act of driving the defendant’s vehicle in Nevada; (2) whether a defendant’s filing of a motion to consolidate in a Nevada court waived her right to object to the court’s exercise of personal jurisdiction over her; and (3) whether an interpleader action filed by a defendant’s car insurance company subjects its insured to personal jurisdiction in Nevada.

Summary Of State V. Kincade, 129 Nev. Adv. Op. 102, Shaina Plaksin

Nevada Supreme Court Summaries

The Court determined whether the district court properly excluded evidence seized pursuant to a search warrant that did not comply with NRS 179.045(5) because it failed to include either a statement of probable cause or the affidavit upon which probable cause was based.

Summary Of In Re Nilsson, 129 Nev. Adv. Op. 101, Keivan Roebuck

Nevada Supreme Court Summaries

The Court determined whether a debtor may claim Nevada’s homestead exemption when he does not reside on the property but his minor children do.

Medtronic V. Boston Scientific: Allocating The Burden Of Proof In Declaratory Judgment Actions For Patent Non-Infringement, Brianna Strange

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Medtronic, Inc. v. Boston Scientific Corporation, in which the Court will decide which party bears the burden of proof in a declaratory judgment action for patent non-infringement.

Brief For The American Association On Intellectual And Developmental Disabilities, The Arc Of The United States, The National Disability Rights Network, Disability Rights Florida, And The Bazelon Center For Mental Health Law As Amicus Curiae, April Land, James W. Ellis, Ann M. Delpha, Carol M. Suzuki, Steven K. Homer

Faculty Scholarship

Question Presented: Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia, 536 U.S. 304 (2002). Summary of Argument: In Atkins, this Court concluded that a national consensus had developed against the execution of persons with mental retardation and that such executions violated the Eighth Amendment. The Court also stated that the national consensus suggests that some characteristics of mental retardation, such as disabilities in the areas of reasoning, judgment, and control of impulses, undermine the procedural protections of our capital punishment jurisprudence and can jeopardize the reliability and fairness of capital proceedings against …

Tetris Holding V. Xio Interactive Isn’T As Great A Case As Video Game Developers Think It Is, Sam Castree Iii

AELJ Blog

Advances in technology have once again allowed a lone individual, or a small group, to create video games and get them out to the world. I have previously written on the growing problem of cyber-plagiarism – thieves completely copying the works of others and selling them via digital distribution in major online retailers. However, there are many other cases in which games are not blatantly stolen. Sometimes, game developers will merely take inspiration from an existing game, or even make completely coincidental similarities. Fortunately, judges have at their disposal a robust body of law dealing with the copyright’s idea/expression dichotomy, …

Blame Congress, Not Prosecutors, For The Absurdity Of Mandatory Minimums, Wes R. Porter

Publications

Contrary to public perception, prosecutors do not "coerce" or "threaten" otherwise innocent people to plead guilty using mandatory minimum sentences. "Mandatory minimums," as they are called, are minimum terms of imprisonment for specific offenses imposed by statute instead of a judge. Judge John Gleeson of the U.S. District Court for the Eastern District of New York joined the chorus of critics in an October 2013 court statement, when he said that "[p]rosecutors routinely threaten ultra-harsh, enhanced mandatory sentences that no one - not even the prosecutors themselves - thinks are appropriate." Of course, some federal prosecutors do act badly - …

Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether NRS 164.010(1) and NRS 164.015(6) give the court in rem jurisdiction to impose a constructive trust on previous trust property; and (2) whether a district court may grant a monetary judgment against former trustees and third parties that was based on the district court’s in rem jurisdiction.

Austen Parrish Named Dean Of Iu Maurer School Of Law

Austen Parrish (2014-2022)

No abstract provided.

Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin

Nevada Supreme Court Summaries

The Court determined whether a regulation promulgated by the Nevada Tax Commission to value remainder parcels of real property for tax abatement purposes applies retroactively, and if so, whether it violates Article 10, Section 1 of the Nevada Constitution.

Reforming Ontario’S Family Justice System: An Evidence-Based Approach, Noel Semple, Nicholas Bala

Law Publications

This Report summarizes research about justice system responses to family disputes, makes recommendations for government action based on that empirical evidence, and identifies some as yet unanswered system design questions requiring further study. This document is provocative as it is premised on a realistic appreciation of the nature of family disputes and the limits of government action, especially in the present fiscal environment, and the fact that there are issues related to family justice that research has not adequately addressed and hence development of public policy must be undertaken in the face of uncertainty.

Save The Date – April 10th Cultural Property Event, Cardozo Arts & Entertainment Law Journal

AELJ Blog

The Committee for Cultural Policy and the Cardozo Arts and Entertainment Law Journal (AELJ) will be hosting a symposium at the Benjamin N. Cardozo School of Law on April 10, 2014 at 2 pm. Tentatively titled, Reform of U.S. Cultural Property Policy: Accountability, Transparency, and Legal Certainty, the event is a response to the forthcoming publication by William Pearlstein, A Proposal to Reform U.S. Law and Policy Relating to the International Exchange of Cultural Property, being published in AELJ’s Volume 32, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on December 12, …

The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner

Journal Articles

Deliberative democracy offers a distinctive and appealing conception of political life, but is it one that might be called into service to guide actual reform of existing election law? This possibility seems remote because election law and deliberative democracy are built around different priorities and theoretical premises. A foundational area of disagreement lies in the treatment of majorities. Election law is structured, at both the legislative and constitutional levels, so as to privilege majorities and systematically to magnify their power, whereas deliberative democracy aims at privileging minorities (or at least de-privileging majorities). The main purpose of the election law now …

At Home In The Outer Limits: Daimlerchrysler V. Bauman And The Bounds Of General Personal Jurisdiction, Todd W. Noelle

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, DaimlerChrysler v. Bauman, in which the Court may decide whether maintaining a wholly-owned subsidiary in a forum state can render a foreign parent corporation "essentially at home" in that state, thereby permitting the forum state to exercise general personal jurisdiction over the parent corporation.

Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Atlantic Marine v. J-Crew, in which the Court may clarify a circuit split regarding the enforceability of forum-selection clauses by deciding which procedure should govern the enforcement of these clauses and which party carries the burden of proof in these disputes.

Law Library Newsletter, Volume 5, Issue 3 - November/December 2013,, Kresge Law Library

Law Library Newsletter

Law Library Newsletter, Volume 5, Issue 3 - November/December 2013,

• A library love story
• An article on the new digital repository, NDLScholarship
• Some info about new apps for your smartphone or tablet
• An introduction to the many faces you’ll see behind the Circulation desk
• Photos from the law school’s annual Halloween trick-or-treat event
• And many more articles

I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid

Nebraska College of Law: Faculty Publications

As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother,” the State extends its reach into women’s decision-making throughout their reproductive lifetime.

This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …

Stein Center News - December 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Golden Gate Lawyer, Fall/Winter 2013-14, Lisa Lomba

Golden Gate Lawyer

No abstract provided.

Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.

The Indiana University Maurer School Of Law Digital Repository: A Snapshot Of The First Two Years (2011/12 & 2012/13), Richard Vaughan

Digital Repository Annual Reports

A snapshot of the first two years of the Indiana University Maurer School of Law Library Digital Repository. Highlights include lists of the most downloaded documents and a complete statistical analysis of all uploads and downloads. To be published on an annual basis in the future.

Gen Ms 29 Harriet P. Henry Papers Finding Aid, Elizabeth Sistare

Search the General Manuscript Collection Finding Aids

Description:

Harriet Putnam Henry became Maine’s first woman judge in 1973. Her expertise was in marine law and coastal management. She also has an extensive civil service record, including advocacy for women judges and work with child abuse and child welfare. She was active with the Maine Humanities Council, where the Harriet P. Henry Center for the Book was named in her honor. The Papers consist of publications and writings of Henry and others.

Date Range:

ca. 1941-1995

Size of Collection:

0.75 ft