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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


Law Library Guide 2016–2017, Kresge Law Library, Research & Teaching Team Jan 2106

Law Library Guide 2016–2017, Kresge Law Library, Research & Teaching Team

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


All Things To All People, Part One, Peter Aschenbrenner Jan 2105

All Things To All People, Part One, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Does The Second Amendment Protect Firearms Commerce?, David Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos Jan 2019

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Utah And Sports Law, Adam Epstein Jan 2018

Utah And Sports Law, Adam Epstein

Adam Epstein

The state of Utah has addressed sports law issues across a broad spectrum, far more than just ski-related. Utah cases, coupled with sport-specific statutes, shows that even a state with a relatively small population might still have to deal with legal issues that intersect sport and law. While the advent of the 2002 Winter Olympics in Salt Lake City was an exciting time for the state and, in the end, became a huge international success, along with it came accusations of criminal misconduct to get it there in the first place. Indeed, misconduct involving the judging of pairs figure skating ...


A Complex Analysis Of The World Of Student Loans, Aiyana Gallardo Jan 2018

A Complex Analysis Of The World Of Student Loans, Aiyana Gallardo

Law School Student Scholarship

No abstract provided.


Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes Dec 2017

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes

Nevada Supreme Court Summaries

The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.


Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang Dec 2017

Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang

Research Collection School Of Information Systems

In this paper, we estimate the impact of enforcing the Convention on Cybercrime (COC) on deterring distributed denial of service (DDOS) attacks. Our data set comprises a sample of real, random spoof-source DDOS attacks recorded in 106 countries in 177 days in the period 2004-2008. We find that enforcing the COC decreases DDOS attacks by at least 11.8 percent, but a similar deterrence effect does not exist if the enforcing countries make a reservation on international cooperation. We also find evidence of network and displacement effects in COC enforcement. Our findings imply attackers in cyberspace are rational, motivated by ...


Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson Dec 2017

Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson

Faculty Scholarship

The federal government authorized and built hundreds of major dams across the nation. Today, most of these water projects are operated by the U.S. Army Corps of Engineers or the Bureau of Reclamation. Much has changed since these projects were built decades ago, including laws, values, scientific knowledge, water uses, and climate. But many reservoirs continue to store and release water under old plans, because the Corps and the Bureau do not make a practice of reviewing and revising the operating plans for their projects. This article argues that the agencies should develop and implement a program for reviewing ...


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan Nov 2017

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience.  Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO.  The same impetus toward devolution also surfaces in heated intra-national conflicts.  Recent calls for secession in Scotland, Catalonia, Québec, the Sudan, and even the United States reveal multiple political contexts in which questions have been raised about ...


2nd Amendment In An Age Of Terror, Maloney Library Nov 2017

2nd Amendment In An Age Of Terror, Maloney Library

Posters

Behind the Book; Saul Cornell; Nicholas Johnson; Eric Sundrup; Well-Regulated Militia; Negroes and the Gun


The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, Laverne A. Jacobs Oct 2017

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of the human rights tribunal decisions on transportation equality in Canada. In doing so, it examines the issues from the perspective of the voices of ...


Private And Family Life, Gender Equality And Social Security Under The European Convention On Human Rights - Di Trizio V Switzerland, Mel Cousins Oct 2017

Private And Family Life, Gender Equality And Social Security Under The European Convention On Human Rights - Di Trizio V Switzerland, Mel Cousins

Mel Cousins

This note examines the recent Di Trizio ruling by the European Court of Human Rights. The case, first, involves the scope of Article 8 of the Convention as it concerns social security schemes. The Court by a narrow majority held that the claim fell within the scope of Article 8 but, it is submitted that the approach of the dissenting judges was a better reading of the Convention.  However, a panel of the Grand Chamber has rejected a State request to refer the matter to the Grand Chamber.[1] Second, the case involves a rather complicated gender equality claim concerning ...


Caetano: A Dangerous Misreading Of Unusual In Heller, James Gately Sep 2017

Caetano: A Dangerous Misreading Of Unusual In Heller, James Gately

The Circuit

No abstract provided.


The Negative Capital Account Maze, Walter D. Schwidetzky Aug 2017

The Negative Capital Account Maze, Walter D. Schwidetzky

All Faculty Scholarship

Outside Hubert I and Hubert II, there has been little discussion of negative capital accounts in the tax context and almost no discussion in the nontax context. Nontax law, however, is critically important. This report provides an integrated discussion of the application of tax and nontax law to negative capital accounts.

One of the challenges in writing this report is that it requires a discussion of both the at-risk rules of section 465 and the debt allocation rules of section 752. Complex issues involving sections 465 and 752 and their interaction are worthy of their own articles. Indeed, others have ...


Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles Aug 2017

Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles

Jeffrey John Miles

This paper seeks to sketch the contours of the interordinal web of the current laws, and delineate problem areas where the law fails to reach as well as the areas where law exists, yet remains misapplied. In doing so, I am hoping to continue the dialectic begun by Alexander Bauer in his 2008 piece, New Ways of Thinking About Cultural Property: A Critical Appraisal of the Antiquities Trade Debates as well as borrow some inspiration from the interordinal analysis applied by Gordillo in his groundbreaking recent work, Interlocking Constitutions. This is a top-down perspective, with less attention to each individual ...


The Ethics Of Representing Founders, Paul R Tremblay Aug 2017

The Ethics Of Representing Founders, Paul R Tremblay

Boston College Law School Faculty Papers

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with ...


Solving The Problem Of Capital Loss Distribution Upon Dissolution Of A Service Partnership, Jeffrey John Miles Jul 2017

Solving The Problem Of Capital Loss Distribution Upon Dissolution Of A Service Partnership, Jeffrey John Miles

Jeffrey John Miles

This Comment offers a potential solution to the conflict between the common law tradition exemplified by Kovacik v. Reed and the Revised Uniform Partnership Act (“UPA (1997)”). The paradox arises at the dissolution of a partnership where one partner (the “capital partner”) has provided money to the venture and other partner (the “service partner”) has simply contributed his services, without drawing a salary. The partners have agreed to share future profits equally. Like many partners, they have not bargained at the outset over what will happen if their venture loses money. When the partnership does lose money, the capital partner ...


Richmond Law Magazine: Winter 2017, University Of Richmond Jul 2017

Richmond Law Magazine: Winter 2017, University Of Richmond

Richmond Law Magazine

Features:

The Happy Lawyer

"Tyranny of the Algorithm"

Virginia's New Prescription for the Opioid Crisis


Kebunpoker.Com Agen Judi Domino99 Agen Poker Bandarq Online Terpercaya Di Indonesia, Defa Online Jun 2017

Kebunpoker.Com Agen Judi Domino99 Agen Poker Bandarq Online Terpercaya Di Indonesia, Defa Online

AGEN POKER ONLINE INDONESIA TERPERCAYA STUDISOLUTION.COM

KEBUNPOKER.COM AGEN JUDI DOMINO99 AGEN POKER BANDARQ ONLINE TERPERCAYA DI INDONESIA- Pilihan bank besar di atas adalah yang mendukung SMPPoker di dalam situs judinya, Member akan mudah sekali melakukan transaksi dengan banyaknya pilihan bank dalam sebuah situs judi online, Hal ini sangat penting karena ini adalah alat transaksi saat memainkannya, Misal seperti transaksi deposit dan widraw.
SMPPoker adalah situs judi yang sudah lama menjadi naungan pecinta judi indonesia untuk melakukan permainan judi online, Setelah situs judi ini mengaplikasikan permainan poker di dalam situs judinya, Permainan ini lalu sebagai permainan judi yang di unggulkan karena setiap harinya ribuan membernya memainkannya ...


The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez Jun 2017

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


Great Expectations: The Treatment Of Expectations In Wto And International Investment Law, Chios Carmody, Chios Carmody Jun 2017

Great Expectations: The Treatment Of Expectations In Wto And International Investment Law, Chios Carmody, Chios Carmody

Law Publications

A continuing issue in many areas of law is the treatment of “reasonable” or “legitimate” expectations. This contribution posits that a doctrine of expectations is vital to both the law’s stability and flexibility, functioning as a kind of ‘shock absorber’ that accommodates divergent pressures within a legal system. Expectations may arise subjectively, but what the law protects in most instances is determined objectively. This contribution goes on to examine the treatment of expectations in WTO and international investment law. Their treatment in WTO law has been to read them out as a matter of pleading in WTO dispute settlement ...


Hearsay And The Confrontation Clause (2017), Lynn Mclain May 2017

Hearsay And The Confrontation Clause (2017), Lynn Mclain

All Faculty Scholarship

This material is a part of a lecture delivered at the Maryland Judicial Center on May 11, 2017. It is an update of previous versions available at the following locations:

2016: http://scholarworks.law.ubalt.edu/all_fac/955/

2012: http://scholarworks.law.ubalt.edu/all_fac/924/

The material is a series of flowcharts that explain the nuances of hearsay law and the confrontation clause under Maryland law.


A Content Analysis Of Media Accounts Of Death Penalty And Life Without Parole Cases, Lisa R. Kirk May 2017

A Content Analysis Of Media Accounts Of Death Penalty And Life Without Parole Cases, Lisa R. Kirk

Electronic Theses and Dissertations

The study analyzed a convenience sample of published accounts of death penalty cases and life without parole cases. The objective of the study was to explore factors that influence the selection of cases for coverage in books, think tank reports (e.g., Heritage Foundation), and periodicals and factors related to coverage of homicides resulting in a death penalty sentence or a life without parole sentence (often termed “America’s other death penalty”).

Since this study was exploratory, hypotheses were not offered. However, prior research on the death penalty and on life without parole offered several clues. For example, since black ...


A Bibliography Of Faculty Scholarship, Law Library May 2017

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...