Law Commons^™

Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson

Scholarly Works

This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document the role …

The "Silent But Gifted" Law Student: Transforming Anxious Public Speakers Into Well-Rounded Advocates, Heidi K. Brown

Faculty Scholarship

No abstract provided.

The Development Of Domestic Violence As A Field: Honoring Clare Dalton, Elizabeth Schneider, Cheryl Hanna

Faculty Scholarship

No abstract provided.

What Is The Value Of Associations, Or Is It Safe To Row Alone, Darcy Kirk

Faculty Articles and Papers

No abstract provided.

Letting The Perfect Become The Enemy Of The Good: The Relatedness Problem In Personal Jurisdiction, Robin Effron

Faculty Scholarship

No abstract provided.

Democracy And Productivity: The Glass-Steagall Act And The Shifting Discourse Of Financial Regulation, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

Politics And Punishment: Reactions To Markel's Political Retributivism, Michael T. Cahill

Faculty Scholarship

No abstract provided.

After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow

Faculty Scholarship

No abstract provided.

Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest-Services Fraud, Alex Stein

Faculty Scholarship

No abstract provided.

Scaling The Patent System, Christina Mulligan, Timothy B. Lee

Faculty Scholarship

No abstract provided.

Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman

Faculty Publications

No abstract provided.

Road Scholars - January 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The January 2012 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

Arbitrability And Vulnerability, Carolyn L. Dessin

Akron Law Faculty Publications

Arbitration is cool. Everybody‟s doing it. In the eighty-five years since the passage of the Federal Arbitration Act, that seems to be the prevailing sentiment. Recent decades have seen the meteoric rise of arbitration as a form of alternative dispute resolution. Arbitration is widely regarded as a less expensive, more expeditious alternative to litigation.

Courts frequently note that federal policy clearly favors arbitration. No judicial enthusiasm for arbitration seems more complete than that evidenced in the jurisprudence of the United States Supreme Court.

Along with the rise of arbitration, however, there has also been a rise in the amount of …

The Most Common Path To A Public Interest Career Is Also The Least Discussed, Leeor Neta

Publications

There are ultimately three avenues to a public interest legal career. The first is a postgraduate fellowship with a public interest organization. The second is a judicial clerkship; clerkships demonstrate a commitment to public service that can attract public interest employers. While these paths to a public interest career are certainly desirable, it is probably fair to say that most future public interest lawyers pursue a third avenue: taking whatever comes, maintaining a long-term perspective, and doing one’s best to exemplify a commitment to public interest in the meantime.

Evading Emergency: Strengthening Emergency Response Through Integrated Pluralistic Governance, Lance A. Gable

Law Faculty Research Publications

This Article examines the significant governance challenges that arise during responses to public health emergencies and proposes a new multifaceted strategy-integrated pluralistic governance-to address these challenges. Emergency preparedness is an inherently complex problem that entails the integration ofscientific and medical expertise, good logistical planning, and clear laws and policies. The governance function has particular import for public health emergencies because pandemics, hurricanes, and other disasters can have profoundly divisive social and political consequences. Moreover, recent disasters like Hurricane Katrina and the BP Deepwater Horizon oil spill revealed an emergency preparedness and response infrastructure in the United States that was broken: …

A Comment On Commas, Erik M. Jensen

Faculty Publications

This article aims to get some respect for the underappreciated comma, using a New York Times book review to illustrate how misplaced punctuation can turn sense into nonsense.

Counterfeits, Copying And Class, Ann Bartow

Law Faculty Scholarship

Consumers who want to express themselves by wearing contemporary clothing styles should not have to choose between expensive brands and counterfeit products. There should be a clear distinction in trademark law between illegal, counterfeit goods and perfectly legal (at least with respect to trademark law) "knockoffs," in which aesthetically functional design attributes have been copied but trademarks have not. Toward that end, as a normative matter, the aesthetic features of products should not be registrable or protectable as trademarks or trade dress, regardless of whether they have secondary meaning, just as functional attributes of a utilitarian nature are not eligible …

Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin

Laws and Legislation Collection

As the intersection of animal law and animal research becomes congested, it is appropriate to establish the scientific context in which laws regarding the use and care of research animals will operate. There are at least three components of this context that set the terms of the debate: ethics, science, and the legal status of animals. The following discussion will not address ethics; not because it isn’t important, but because it exists along a spectrum of objective and subjective positions that are often unassailable by argument and data. I can assure you as a former animal researcher that even in …

Statistical Knowledge Deconstructed, Kenneth Simons

Faculty Scholarship

The law frequently distinguishes between individualized knowledge (awareness that one’s act will harm a particular victim, e.g., driving through an intersection while aware that one’s automobile is likely to injure a pedestrian) and statistical knowledge (awareness that one’s activity or multiple acts will, to a high statistical likelihood, harm one or more potential victims, e.g., proceeding with a large construction project that one confidently predicts will result in worker injuries). Under tort and criminal law doctrine, acting with individualized knowledge is ordinarily much more difficult to justify, and, if unjustified, much more culpable, than acting with statistical knowledge. Yet the …

Sports In America, John D. Feerick

Faculty Scholarship

A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …

A Model Decertification Law, Roger L. Goldman

All Faculty Scholarship

Despite the over 50-year existence of laws permitting the revocation of a police officer’s right to serve in law enforcement for serious misconduct, most scholars have ignored this development. Currently, 44 states have such laws, but they differ greatly in scope. This article suggests the three most important characteristics of an effective decertification law: first, the types of law enforcement officers covered by the law should be wide-ranging, including correctional officers and probation officers, not just police officers and deputy sheriffs and police officers. Second, the range of misconduct that can lead to decertification should not just be limited to …

The Shadow Rules Of Joinder, Robin Effron

Faculty Scholarship

No abstract provided.

Taking Cognitive Illiberalism Seriously: Judicial Humility, Aggregate Efficiency, And Acceptable Justice, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport

Scholarly Works

No abstract provided.

The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

Foreword: Presidential Power And Foreign Affairs, Michael P. Scharf, Brittany E. Pizor

Faculty Publications

Foreword for the Wolf Family Foundation, Case Western Reserve's Frederick K. Cox International Law Center, the International Association of Penal Law (American National Section), the American Society of International Law, the International Law Association (American Branch), and the Public International Law and Policy Group conference Presidential Power and Foreign Affairs, Cleveland, OH, September 2012.

Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds

Journal Articles

The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.

Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project, Ronald A. Brand

Articles

The United Nations Commission on International Trade Law (UNCITRAL) has directed its Working Group III to prepare instruments that would provide the framework for a global system of online dispute resolution (ODR). Negotiations began in December 2010 and have produced an as-yet-incomplete set of procedural rules for ODR. It is anticipated that three other documents will be prepared, addressing substantive principles to be applied in ODR, guidelines and minimum requirements for ODR providers and neutrals, and a cross-border mechanism for enforcement of the resulting ODR decisions on a global basis.

The most difficult issues in the ODR negotiations are centered …

Secret Class Action Settlements, Rhonda Wasserman

Articles

This Article analyzes the phenomenon of secret class action settlements. To illustrate the practice, Part I undertakes a case study of a class action lawsuit that recently settled under seal. Part II seeks to ascertain the scope of the practice. Part II.A examines newspaper accounts describing class action settlements from around the country. Part II.B focuses on a single federal judicial district – the Western District of Pennsylvania – and seeks to ascertain the percentage of suits filed as class actions that were settled under seal. Having gained some understanding of the scope of the practice, the Article then seeks …