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Law Commons

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2014

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Institution
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Articles 1 - 30 of 17598

Full-Text Articles in Law

Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer Aug 2016

Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer

Arthur Rizer

This article argues that the current cartel war in Mexico represents a clear and present danger to the national security of the United States. Some have estimated Mexico, one of the United States’ closest allies, has lost more than 60,000 people in its drug war. That is approximately a murder every hour related to cartel violence. Some experts claim the death toll has been greatly soft-pedaled, with the government reducing violence by simply not reporting it, and that the actual death toll is over 100,000. These numbers do not even include the nearly 40,000 Americans who die ...


What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar Jan 2016

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar

Vincent Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the ...


A Better Direction For California's Climate Change Policy, David Gamage, Mark Gergen Nov 2015

A Better Direction For California's Climate Change Policy, David Gamage, Mark Gergen

Mark P. Gergen

No abstract provided.


New Frontiers In Legal Research Education: Implementing Alternative Methods Of Legal Research Instruction – One Year Later, Stephanie Miller, Caroline Osborne, Alyson Drake, Franklin Runge Sep 2015

New Frontiers In Legal Research Education: Implementing Alternative Methods Of Legal Research Instruction – One Year Later, Stephanie Miller, Caroline Osborne, Alyson Drake, Franklin Runge

Caroline L. Osborne

No abstract provided.


Infusing Cultural Narratives Into A Time Of Change In Legal Education, Susan Brody, Julie Spanbauer Aug 2015

Infusing Cultural Narratives Into A Time Of Change In Legal Education, Susan Brody, Julie Spanbauer

Julie M. Spanbauer

No abstract provided.


Speaker, Mary Nagel, Joanne Hodge Jul 2015

Speaker, Mary Nagel, Joanne Hodge

Joanne Simboli Hodge

No abstract provided.


Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh Jul 2015

Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh

Rogelio A. Lasso

No abstract provided.


Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh Jul 2015

Institutionalizing The Multiple Assessment Teaching Assistant Program, Julie Spanbauer, Rogelio Lasso, Maureen Kordesh

Maureen Straub Kordesh

No abstract provided.


Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven Jul 2015

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements ...


Matevosyan Nr. Moving Forward With The Affordable Care Act : Trends In Self-Sustained Obstetric Institution Jun 2015

Matevosyan Nr. Moving Forward With The Affordable Care Act : Trends In Self-Sustained Obstetric Institution

Alquiler Coches

The economic burden of obstetric care is multifold and mordantly case-specific. Obstetrics is a huge cost to the U.S. healthcare system. Maternal-infant care represents the largest single category of hospital expenditures for most commercial health plans and state Medicaid programs. Reducing these costs provides a major opportunity to reduce insurance premiums for employers and to make Medicaid coverage more affordable. The Patient Protection and Affordable Care Act (2012) encourages the State contracts with Accountable Care Organizations (ACO) by transforming traditional fee-for-service contracts into bundled contracts paying providers and facilities in a single fee. It is then the role of ...


Dissociative Identity Disorder In The Courtroom: A Guide To Forensic Testimony Jun 2015

Dissociative Identity Disorder In The Courtroom: A Guide To Forensic Testimony

Alquiler Coches

Over the past century, dissociative identity disorder (DID) has been raised to defend a variety of offenses, from a parking ticket to the first degree murder, or to manipulate with the civil suits for monetary relief. Applying traditional rules of criminal culpability or civil liability to these cases poses a significant challenge. The concepts of personhood and identity create a havoc in determining the insanity. Diagnostic exclusions are scarce, with exceptions of the explicit memory transfer to be the key to deny the dissociated identity, whereas the absence of implicit memory transfer helps to think of personality dissociation. Retrograde amnesia ...


The Battered Woman Syndrome: Perspectives In Criminal Law And Clinical Psychology Jun 2015

The Battered Woman Syndrome: Perspectives In Criminal Law And Clinical Psychology

Alquiler Coches

Testimony on battered woman syndrome (BWS), as a widely used self-defense strategy, has been accepted in all state courts of America. However, courts often hold that expert testimony on the BWS is inadmissible in a presented evidence where (1) it is irrelevant and immaterial to the issue of whether defendant acted in self-defense at the time of the battery; (2) the subject of the expert testimony isn't within the understanding of the jury; (3) the BWS is not sufficiently developed as an accepted scientific knowledge to warrant testimony under the guise of expertise; and (4) its prejudicial impact outweighs ...


Dissociative Identity Disorder In The Courtroom: A Guide To Forensic Testimony Jan 2015

Dissociative Identity Disorder In The Courtroom: A Guide To Forensic Testimony

bobbymartin76@shaw.ca

Over the past century, dissociative identity disorder (DID) has been raised to defend a variety of offenses, from a parking ticket to the first degree murder, or to manipulate with the civil suits for monetary relief. Applying traditional rules of criminal culpability or civil liability to these cases poses a significant challenge. The concepts of personhood and identity create a havoc in determining the insanity. Diagnostic exclusions are scarce, with exceptions of the explicit memory transfer to be the key to deny the dissociated identity, whereas the absence of implicit memory transfer helps to think of personality dissociation. Retrograde amnesia ...


The Battered Woman Syndrome: Perspectives In Criminal Law And Clinical Psychology Jan 2015

The Battered Woman Syndrome: Perspectives In Criminal Law And Clinical Psychology

bobbymartin76@shaw.ca

Testimony on battered woman syndrome (BWS), as a widely used self-defense strategy, has been accepted in all state courts of America. However, courts often hold that expert testimony on the BWS is inadmissible in a presented evidence where (1) it is irrelevant and immaterial to the issue of whether defendant acted in self-defense at the time of the battery; (2) the subject of the expert testimony isn't within the understanding of the jury; (3) the BWS is not sufficiently developed as an accepted scientific knowledge to warrant testimony under the guise of expertise; and (4) its prejudicial impact outweighs ...


Matevosyan Nr. Moving Forward With The Affordable Care Act : Trends In Self-Sustained Obstetric Institution Jan 2015

Matevosyan Nr. Moving Forward With The Affordable Care Act : Trends In Self-Sustained Obstetric Institution

bobbymartin76@shaw.ca

The economic burden of obstetric care is multifold and mordantly case-specific. Obstetrics is a huge cost to the U.S. healthcare system. Maternal-infant care represents the largest single category of hospital expenditures for most commercial health plans and state Medicaid programs. Reducing these costs provides a major opportunity to reduce insurance premiums for employers and to make Medicaid coverage more affordable. The Patient Protection and Affordable Care Act (2012) encourages the State contracts with Accountable Care Organizations (ACO) by transforming traditional fee-for-service contracts into bundled contracts paying providers and facilities in a single fee. It is then the role of ...


Schooling The Supreme Court, Christine Chabot Dec 2014

Schooling The Supreme Court, Christine Chabot

Faculty Publications & Other Works

Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the profession by reading the law alone.

The study finds that Justices' levels of agreement and politically independent voting vary significantly according to their professional training. In cases which divided the Court, Justices who shared the benefit of formal legal education (1) voted together more ...


Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith Dec 2014

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of ...


Our Global Commons, Brigham Daniels, James Salzman Dec 2014

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.


Surprising Commons, Carol M. Rose Dec 2014

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.


The Tragicomedy Of The Commons, Brigham Daniels Dec 2014

The Tragicomedy Of The Commons, Brigham Daniels

BYU Law Review

Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.

That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges ...


Agglomerama, Lee Anne Fennell Dec 2014

Agglomerama, Lee Anne Fennell

BYU Law Review

No abstract provided.


Naming The Tragedy, Eric T. Freyfogle Dec 2014

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.


Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig Dec 2014

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed ...


Local Governments And Global Commons, Jonathan Rosenbloom Dec 2014

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.


Coordinating The Oil And Gas Commons, Hannah J. Wiseman Dec 2014

Coordinating The Oil And Gas Commons, Hannah J. Wiseman

BYU Law Review

No abstract provided.


Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave Dec 2014

Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave

Publications

The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.


Symposium Panelist Transcripts Dec 2014

Symposium Panelist Transcripts

Louisiana Law Review

No abstract provided.


One Condo, One Vote: The New York Bid Act As A Threat To Equal Protection And Democratic Control, Brett Dolin Dec 2014

One Condo, One Vote: The New York Bid Act As A Threat To Equal Protection And Democratic Control, Brett Dolin

City University of New York Law Review

No abstract provided.


2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure Dec 2014

2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure

Austen Parrish (2014-)

No abstract provided.


Back Matter Dec 2014

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.