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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.


Judicial Recognition Of Living Customary Law In The Context Of Matrimonial Property Rights In South-East Nigeria, Anthony Diala Dec 2105

Judicial Recognition Of Living Customary Law In The Context Of Matrimonial Property Rights In South-East Nigeria, Anthony Diala

Anthony C. Diala

The interaction of customary law with state law raises challenges for policy-makers in post-colonial societies. This study contends that these challenges are primarily caused by state recognition of customary law without proper attention to how people adapt it to modern conditions different from the agrarian settings in which it evolved. Recognition denotes the manner in which customary law norms and institutions are ‘incorporated into the state legal system’ or enforced by state organs such as courts. It often raises the question of which version of customary law is recognised. Scholars have identified two broad types – official customary law and living ...


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 ...


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

Eric Biber

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.


Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi Jan 2018

Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi

Law School Student Scholarship

No abstract provided.


Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher Jan 2018

Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher

Law School Student Scholarship

No abstract provided.


Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin Jan 2018

Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin

Law School Student Scholarship

No abstract provided.


Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto Jan 2018

Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto

Law School Student Scholarship

No abstract provided.


Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz Jan 2018

Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz

Law School Student Scholarship

No abstract provided.


The "Publicization" Of Private Space, Sarah B. Schindler Jan 2018

The "Publicization" Of Private Space, Sarah B. Schindler

Faculty Publications

Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a ...


Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel Dec 2017

Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel

David Pimentel

Civil asset forfeiture is an extraordinarily powerful tool for law enforcement, allowing the seizure of assets without proof of wrongdoing, and with few safeguards in place to protect innocent owners. The incentives to overreach are powerful as police are usually able to keep whatever they seize for their own use. Federal reform in 2000 was largely ineffective to rein in the abuses, and with public outrage against the practice rising, states are starting to weigh in with reforms of their own. But this is a complex area of law, and the financial incentives to perpetuate it are powerful. Accordingly, many ...


Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan Dec 2017

Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan

Erin Ryan

This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products.  With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power.  China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest.
 
In 2011, in the midst of this maelstrom, I brought my husband ...


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.


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 ...


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 ...


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 ...


The Long Arm Of Multidistrict Litigation, Andrew D. Bradt Sep 2017

The Long Arm Of Multidistrict Litigation, Andrew D. Bradt

Andrew D. Bradt

Nearly 40 percent of the civil cases currently pending in federal court—now over 130,000— are part of a multidistrict litigation, or MDL. In MDL, all cases pending in federal district courts around the country sharing a common question of fact, such as the defectiveness of a product or drug, are transferred to a single district judge for consolidated pretrial proceedings, after which they are supposed to be remanded for trial. But the reality is that less than three percent are ever sent back because the cases are resolved in the MDL court, either through summary judgment or mass ...


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 ...