Law Commons^™

Summary Of Klasch V. Walgreen Co., 127 Nev. Adv. Op. 74, Cameron Daw

Nevada Supreme Court Summaries

An appeal from a district’s grant of court summary judgment in a wrongful death action involving a pharmacist’s duty of care.

November 24, 2011: Happy Secular Thanksgiving, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Secular Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Estate Of Smith V. Mahoney’S Silver Nugget, 127 Nev. Adv. Op. No. 76, Colin Seale

Nevada Supreme Court Summaries

The Court considered a plaintiff’s appeal of a district court’s granting of summary judgment for in a wrongful death action.

Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez

Nevada Supreme Court Summaries

The Court considers an appeal from a district court summary judgment in a tort action.

Summary Of Friedman V. Dist. Ct., 127 Nev. Adv. Op. 75, Thomas L. Chittum Iii

Nevada Supreme Court Summaries

The Court considered a petition for mandamus or prohibition to stop family court from asserting jurisdiction in interstate child custody dispute.

November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz

Hallowed Secularism

Blog post, “Obama to Side With the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Chateau Vegas Wine, Inc. V. S. Wine & Spirits, 127 Nev. Adv. Op. 73, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a permanent injunction in a business tort action.

Summary Of Public Agency Compensation Trust V. Blake, 127 Nev. Adv. Op. No. 77, Tim Mott

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order denying a petition for judicial review in a workers’ compensation action.

Future Of The Internet At Stake, Marc Greenberg

Publications

The Stop Online Piracy Act, H.R. 3261, introduced Oct. 26, has generated a firestorm of controversy, with critics assailing it for its chilling effect on the web and the Internet. After deciding to investigate this bill, I waded through piles of critiques, both pro and con. The bill itself, written in 78 mind-numbing pages of dense legislatese, on an initial read-through doesn't contain any "gotcha" terms that immediately support the conclusion of legislative overreach. The ostensible purpose of the bill is to combat the activities of alleged "rogue websites" based outside the U.S., which are engaged in widespread copyright infringement …

The Uncertain Requirement For Recording Assignments Of Deeds Of Trust, Roger Bernhardt

Publications

Analysis of a recent California decision exempting the assignment of a deed of trust from California’s statutory recording requirement on the ground that the act applies only to mortgages.

Maya V. Centex Corp., Roger Bernhardt

Publications

Analysis of a recent Ninth Circuit Decision holding that plaintiffs have alleged sufficient injury for standing purposes in claiming that developers misrepresented the future quality of the neighborhood to them.

Ndls Update 11/22/2011, Notre Dame Law School

NDLS Update

No abstract provided.

“Private Ordering” Taken A Tad Too Far, Brett H. Mcdonnell

Res Gestae

No abstract provided.

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock

Scholarly Articles

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …

Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

It’S My Church And I Can Retaliate If I Want To: Hosanna-Tabor And The Future Of The Ministerial Exception, Brad Turner

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Vol. 41, No. 12 (November 21, 2011)

Indiana Law Annotated

No abstract provided.

Response To The David Segal Article, November 19, 2011, In New York Times, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As David Segal’s November 19 article accurately reflects, the legal market is changing. Clients are no longer willing to foot the bill for young lawyers’ training, and thus law firms are increasingly looking to the law schools to produce practice-ready graduates.

The good news is that there are clear solutions to the problem, and they are already in motion. A report published in 2007 by the Carnegie Foundation entitled "Education Lawyers" identified precisely the problem described in Mr. Segal’s article and suggested that law schools should address it by developing courses that educate law students on three levels: knowledge, practice …

November 18, 2011: The Duquesne Secular Society, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Duquesne Secular Society“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Search Neutrality As An Antitrust Principle, Daniel A. Crane

Law & Economics Working Papers

Google's perceived dominance in Internet search, and the perception that Google exploits this dominance to favor its own websites and service, has led to call for a mandatory legal requirement of "search neutrality." This essay argues that a general principle of search neutrality ignores the realities of Internet search and would stymie search innovation.

Updating & Supplementing Casebooks Online, Debbie Ginsberg, Fred Bosselman

Presentations

In this Brown Bag, Emily Barney and Debbie Ginsberg demonstrated a new online tool: the casebook supplement website. Energy law changes rapidly, so Professor Bosselman needed a way to update his Energy, Economics and the Environment casebook on line with the latest legal developments. His publisher did not offer tools for updating casebooks. To assist Professor Bosselman, Emily Barney and the Library Technology Group developed a customized weblog to keep his materials current. The casebook supplement site can be used by any faculty who wish to update or supplement a casebook online. In this Brown Bag, Professor Bosselman demonstrated how …

November 16, 2011: A Secular Defense Of Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Secular Defense of Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ndls Update 11/15/2011, Notre Dame Law School

NDLS Update

No abstract provided.

End-Of-Life Decision-Making In Canada: The Report By The Royalsociety Of Canada Expert Panel On End-Of-Life Decision-Making, Udo Schüklenk, Johannes J. M. Van Delden, Jocelyn Downie, Sheila A. M. Mclean, Ross Upshur, Daniel Weinstock

Reports & Public Policy Documents

This report on end-of-life decision-making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters.

Chapter 1 reviews what is known about end-of-life care and opinions about assisted dying in Canada.

Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death.

Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada's constitutional order.

Chapter 4 reviews the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying …

Vol. 41, No. 11 (November 14, 2011)

Indiana Law Annotated

No abstract provided.

German Vat Compliance - Moving One Step Closer To Automated Third-Party Solutions, Richard Thompson Ainsworth

Faculty Scholarship

Recent developments in German VAT compliance, notably (a) the imposition of criminal penalties for failing to immediately amend a preliminary return that is known to be in error [Bundesgerichtshof decision of March 17, 2009, No. BGH 1 StR 342/08], when considered in tandem with (b) amendments to the voluntary disclosure rules, Gesetz zur Vebesserung der Bekämpfung von Geldwäsche und Steuerhinterziehung, it is clear that the German VAT compliance landscape has changed dramatically in the past year.

Taken as a whole, the German rules strongly encourage internal audits, self-reviews, and immediate self-disclosures of errors in previously filed returns and taxes paid. …

Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.

Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee

William & Mary Annual Tax Conference

No abstract provided.

Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener

William & Mary Annual Tax Conference

No abstract provided.

Accounting Methods, Keith Hennessy

William & Mary Annual Tax Conference

No abstract provided.