Digital Commons Network^™

State Of Utah, Plaintiff/Petitioner, V. Tracy Scott, Defendant/Respondent : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Brief of Amicus Curiae

On Writ of Certiorari to the Utah Court of Appeals

Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Re-Assessment Of Acts Of Piracy Under Contemporary International Law With Particular Reference To Activities Of Somali Pirates, Nutcha Sukhawattanakun

Theses and Dissertations

In this work, I present a range of guidance aimed at addressing maritime security which concerns Somali piracy and armed robbery against ships; this includes guidance to governments, ship owners and ship operators, shipmasters and crews on preventing and suppressing piracy and armed robbery against ships; investigation of offences and the use of armed personnel should be granted and enacted into law which are binding on all state parties internationally and regionally. These recommendations should promote the development of the international shipping industry, and bring peace to the Gulf of Aden.

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Teresa A. Miller

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …

Mmu: 11/20/17–11/26/17, Student Bar Association

Monday Morning Update

NDLS Thanksgiving Potluck

Dodgeball Champions!

ISBA Moot Court Tournament

Mass Schedule

Student Support

This Week @ NDLS

1L of the Week: Lindy Martinez

Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson

The Catholic Lawyer

No abstract provided.

Crimmigration-Counterterrorism, Margaret Hu

Faculty Publications

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of “crimmigrationcounterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” to …

It's Dispositive: Considering Constitutional Review For First Amendment Retaliation Claims, Abigail E. Williams

Missouri Law Review

No abstract provided.

The Ip Law Book Review, V. 8#1, William T. Gallagher

Intellectual Property Law

AUTHORS IN COURT: SCENES FROM THE THEATER OF COPYRIGHT, by Mark Rose. Reviewed by Robert Spoo, The University of Tulsa College of Law

COPYRIGHT BEYOND LAW: REGULATING CREATIVITY IN THE GRAFFITI SUBCULTURE, by Marta Iljadica. Reviewed by Zahr K. Said, University of Washington School of Law

CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE by Anthea Kraut. Reviewed by Carys Craig, Osgoode Hall Law School, York University

The Copyright Box Model, Stephen T. Black

Seattle University Law Review

Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These …

Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson

Maine Law Review

No matter how draconian, gun control laws are weakly enforced (at least in the United States) and seldom of any significant effect in reducing crime. The kind of citizen who will comply with a gun law is the opposite of the person who will use a gun to facilitate his or her crimes. The problem of weak enforcement is highlighted by a candid interview with the author of the District of Columbia’s 1968 gun registration scheme while the District’s 1975-76 gun ban was under consideration: The problem, [Hechinger] said, is the failure of the mayor and police department to enforce …

Fdic/Cash Management, David F. Menz, Joseph E. Kane, Thomas Drought

The Catholic Lawyer

No abstract provided.

Shadow Of The Bat[Mobile]: Character Copyright After Dc Comics V. Towle, Missy G. Brenner

Santa Clara Law Review

Shadow of the Bat[mobile]: Character Copyright After DC Comics v. Towle

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

Sonia Katyal

No abstract provided.

Clark Memorandum: Fall 2017, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Ascending the Mountain: A Story of the People of the Great Hill (Michalyn Steele)
• Unlocking Potential: How a Law Degree Amplifies Your Ability to Bless the World (Jane Mitchell)
• The EU Apple Case: Who Has a Dog in the Fight? (J. Clifton Fleming, Jr.)

The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani

Washington and Lee Law Review Online

In Matters of Strata: Race, Gender, and Class Structures in Capital Cases, Professor Phyllis Goldfarb examines the ways in which race, class, and gender affect the American criminal justice system generally, and its death penalty system in particular. This Response focuses on one of Goldfarb’s observations: The relationship between slavery and the death penalty. This relationship helps to explain why, over the past four decades, the thirteen states that comprised the former Confederacy have been responsible for nearly all of this nation’s executions. Although the U.S. Supreme Court has repeatedly failed to address the death penalty’s roots in slavery, …

Mmu: 09/04/17–09/10/17, Student Bar Association

Monday Morning Update

GALILEE

Notre Dame Law Admissions Instagram

Mock Trial Coaches Needed

Koru Mindfulness

Mass Schedule

This Week @ NDLS

1L of the Week: Marcus Dessalgne

Keynote Address: Two Challenges For The Judge As Umpire: Statutory Ambiguity And Constitutional Exceptions, Brett M. Kavanaugh

Notre Dame Law Review

Justice Scalia believed in the rule of law as a law of rules. He wanted judges to be umpires, which ordinarily entails judges applying a settled legal principle to a particular set of facts. I agree with that vision of the judiciary. But there are two major impediments in current jurisprudence to achieving that vision of the judge as umpire. The first is the ambiguity trigger in statutory interpretation. The second is the amorphous tests employed in cases involving claimed constitutional exceptions. We should identify and study these issues. Inspired by Justice Scalia’s longstanding efforts to improve the law, we …

A Method Inside The Madness: Understanding The European Union State Aid And Taxation Rulings, Christopher Bobby

Chicago Journal of International Law

International headlines have been consumed with the proliferation of international tax havens and “sweetheart deals” given to multinational companies with the hopes that they would invest in a given country. In response to such concerns, the E.U. Commission has issued a spate of decisions in which it concludes that certain taxation rulings given by State Members to international corporations constitute illegal state aid. These decisions have both befuddled and outraged various parties in the international community, including states and multinational corporations, who claim that the Commission is acting both unilaterally and without precedent. This Comment surveys the applicable case law …

The Second Amendment & Private Law, Cody Jacobs

Faculty Scholarship

The Second Amendment, like other federal constitutional rights, is a restriction on government power. But what role does the Second Amendment have to play—if any—when a private party seeks to limit the exercise of Second Amendment rights by invoking private law causes of action? Private law—specifically, the law of torts, contracts, and property—has often been impacted by constitutional considerations, though in seemingly inconsistent ways. The First Amendment places limitations on defamation actions and other related torts, and also prevents courts from entering injunctions that could be classified as prior restraints. On the other hand, the First Amendment plays almost no …

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Erwin Chemerinsky

Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …

Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator

Honors Theses

Serving as a stepping stone to asserting independence from British authority and oppression, the Bunreacht Na hÉireann, Ireland’s modern constitution, allowed the nation and its people finally to shape themselves by their own legal standards, customs, and norms. Yet, after years of oppression from forced British standards, Ireland began the search for its own distinct voice as a newly liberated, competitive country. This thesis explores how the Irish Constitution contributes to shaping a homogenous society that promotes normative views and behaviors that damagingly marginalize minority groups–who differ from such social standards. By examining the specific language, diction, order and structure …

Markets And Sovereignty, Joseph Blocher, Mitu Gulati

Osgoode Hall Law Journal

The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, however, as if they involve markets on one side and the state on the other, with the relevant question being the ways in which the latter can or should try to facilitate, restrict, or rely on the former. In this article, we approach the relationship between …

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Catherine Fisk

Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …

To Kill A Cuckoo Bird: Louisiana’S Dual Paternity Problem, Henry S. Rauschenberger

Louisiana Law Review

The article focuses on the Louisiana's law of filiation and the way it has given rise to the doctrinal problem of dual paternity, and discusses Department of Children and Family Services ex rel. A.L. v. Lowrie court case on same; and problem of forced dual paternity.

Some Rough Historical Parallels Between South Africa And The United States, Denis Binder

Journal of Comparative Urban Law and Policy

No abstract provided.

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

Journal of Comparative Urban Law and Policy

After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a …

A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz

BYU Law Review

Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ban” issued by …

Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll

All Faculty Scholarship

In this report, I argue that the inversion situation is more nuanced, complex, and ambiguous than Edward D. Kleinbard acknowledges, and I challenge Kleinbard’s claim that U.S. multinationals are on a tax par with their foreign competitors.

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review Archive

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.