Law Commons^™

Judicial System Rises To Challenges Of Times, Kevin Washburn

Faculty Scholarship

No abstract provided.

Adequate Yearly Progress In Arkansas 2009-10, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the end of October, the Arkansas Department of Education released annual adequate yearly progress (AYP) figures for Arkansas schools. These results are based on benchmark and end-of-course test scores in math and literacy for both overall populations and subgroups within schools. They are used to determine whether a school meets state standards and, given their performance in the most recent two years, whether they are placed in the "school improvement" category

Law Library Public Computing Alcove Policy, Georgia State University Law Library

Law Library Policies

No abstract provided.

Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48, Sean W. Mcdonald

Nevada Supreme Court Summaries

No abstract provided.

Leegin, The Rule Of Reason, And Vertical Agreement, Herbert J. Hovenkamp

All Faculty Scholarship

The Supreme Court’s Leegin decision overturned the longstanding rule of per se illegality for resale price maintenance and applied a rule of reason. One might think that the question whether a vertical “agreement” exists between a manufacturer and a dealer should not be affected by the mode of analysis to be applied after an agreement is found. First one asks whether an agreement exists, and determines whether the per se rule or rule of reason applies only after receiving an affirmative answer. Nevertheless, ever since Colgate the Supreme Court has generally taken a more restrictive approach on the agreement issue …

Ua5/1 University Attorney - Property File, Wku Archives

WKU Archives Collection Inventories

Unprocessed property files created by the University Attorney. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Ua5/2 University Attorney - Case File, Wku Archives

WKU Archives Collection Inventories

Unprocessed case files maintained by the University Attorney. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Resale Price Maintenance: Consignment Agreements, Copyrighted Or Patented Products And The First Sale Doctrine, Herbert J. Hovenkamp

All Faculty Scholarship

The rule of reason adopted for resale price maintenance in the Supreme Court’s Leegin decision, which upset the century old Dr. Miles rule of per se illegality, requires some reconsideration of a number of issues about antitrust treatment of RPM. Under the old per se rule, bona fide “consignment” agreements were not covered by Section 1 of the Sherman Act at all because there was said to be no qualifying “agreement” between the supplier and the dealer. Rather the dealer was simply said to be acting as an agent of the seller. However, insofar as RPM produces competitive dangers, such …

Unplugged - When Do Supreme Court Justices Need To Just Sit Down And Be Quiet?, Sonja R. West

Popular Media

This article looks at Supreme Court justices providing their opinions on various legal topics prior to resigning from the bench.

December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Hardy Companies, Inc. V. Snmark, Llc, 126 Nev. Adv. Op. No. 49, Tim Mott

Nevada Supreme Court Summaries

No abstract provided.

Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg

Faculty Publications

California criminal justice agencies need access to data in order to provide security, health care treatment, and appropriate programming, as well as to coordinate these activities with other agencies. By the same token, outside agencies—whether criminal, social service, or non-governmental—could often do their jobs more effectively with access to information generated or retained within particular criminal justice agencies. Criminal justice realignment under AB 109 has only heightened the need for inter-agency data sharing and cooperation, yet there continue to be misunderstandings about the legal framework surrounding information exchange.

This Article aims to provide a basic, practical background on the legal …

December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Pedagogical Gps Of Advocacy Teaching, Wes R. Porter

Publications

Wes Porter, a professor at Golden Gate University School of law, was inspired by Judge Tina Habas's recent View from the Bench: The Missing Link blog post. His thoughtful and responsive post follows.

Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty

Nevada Supreme Court Summaries

No abstract provided.

Invasive Species And Climate Change, Invasive Species Advisory Committee

National Invasive Species Council

ISSUE

Climate change interacts with and can often amplify the negative impacts of invasive species. These interactions are not fully appreciated or understood. They can result in threats to critical ecosystem functions on which our food system and other essential provisions and services depend as well as increase threats to human health. The Invasive Species Advisory Committee to the National Invasive Species Council recognizes the Administration’s commitment to dealing proactively with global climate change. However, unless we recognize and act on the impact of climate change and its interaction with ecosystems and invasive species, we will fall further behind in …

Technology: How To Stay Out Of Court, Erin Jozwiak, Heather Thomas, Jackie Pillow, George Taylor Ii

Parameters of Law in Student Affairs and Higher Education (CNS 670)

It is hard to believe that over a century ago business professionals, educators, high school and college students were writing letters with a pen and ink, making telephone calls on a land line phone, and physically making home visits to family and friends. In today’s society, texting has replaced phone calls, picture and video messaging has replaced face to face conversation, emails has replaced letter writing and social networking is changing the face of how electronic communication is viewed along and administered.

Electronic communication has led the way in this new millennium of communication and because technology is changing so …

Ua21/1 Office Of Equal Opportunity / 504 / Ada Compliance Publications, Wku Archives

WKU Archives Collection Inventories

Publications created the Office of Equal Opportunity / 504 / ADA Compliance.

Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann

Parameters of Law in Student Affairs and Higher Education (CNS 670)

In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …

Law Library Disability Services Policy, Georgia State University Law Library

Law Library Policies

No abstract provided.

December 8, 2010: Uphold Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Crow Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …

Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …

White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …

Aamodt Litigation Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title VI: Aamodt Litigation Settlement of the Claims Settlement Act of 2010 (PL 111-291, 124 Stat 3064, 3134). 66cv06639, USDC, DCNM. Federal Legislation to resolve the water rights of Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque. Key provisions include: 1) a regional water diversion, treatment and distribution system to serve the Pueblos and the customers of Santa Fe County; 2) a Regional Water Authority, a county utility, and Pueblo water facilities; 3) operation, cost-sharing, and system integration; 4) Reclamation design and construction of the system; 5) conjunctive management of surface and groundwater; 6) well fields, aquifer storage …

Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.

A Personal Constitution, Michael Serota

NULR Online

Today’s law school graduates face two disturbing trends in the professional world. Each is well known, but neither is openly discussed in the law school setting. First, lawyers suffer from chronic professional dissatisfaction. Approximately one out of every four lawyers is dissatisfied with her job. Second, this dissatisfaction exacts an extraordinarily high price on lawyers, the legal profession, and society as a whole. Most startling, however, is the fact that the widespread dissatisfaction and the associated mental health-related problems prevalent in the legal profession actually begin in law school.