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2014

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Articles 1 - 30 of 17103

Full-Text Articles in Law

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 ...


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 ...


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.


A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath Dec 2014

A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath

City University of New York Law Review

No abstract provided.


Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy Dec 2014

Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy

Nevada Supreme Court Summaries

The Court concluded that the International Association of Firefighters’ (IAFF) grievance was not arbitrable under the parties’ collective bargaining agreement (CBA) because the CBA explicitly stated the City of Reno’s statutory right to lay off any employee due to a lack of funds. Thus, the district court did not have authority under NRS Chapter 38 to grant injunctive relief.


Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller Dec 2014

Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller

Nevada Supreme Court Summaries

The Court determined (1) when stating a claim for a negligence action in which medical monitoring is sought as a remedy, a plaintiff may satisfy the injury requirement by alleging that additional medical monitoring is reasonably required beyond the standard recommendations.


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.


Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft Dec 2014

Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft

Massachusetts Office of Public Collaboration Publications

The Community Mediation Center Grant Program, funded by the commonwealth and administered by the state’s office of dispute resolution, was established to “promote the broad use of community mediation in all regions of the state” by awarding operating grants to eligible community mediation centers. This annual report describes the progress made in broadening access to community mediation by the grant program under the challenge of reduced state funding in FY 2014. Due to the funding cut, fewer centers were funded in FY 2014 compared to FY 2013, which reduced the quantity of services provided. However, the amount of money ...


Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli Dec 2014

Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli

International Law Studies

This contribution argues that autonomous weapons systems may have advantages from the perspective of ensuring better respect for international humanitarian law (IHL). This may be the case if they are one day capable of perceiving the information necessary to comply with IHL, can apply IHL to that information, and if it can be ensured that they will not deviate from the ways in which humans have programmed them. In the view of the author, targeting decisions do not require subjective value judgments a machine would be unable to make. In order to ensure IHL is respected with regard to use ...


Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack Dec 2014

Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack

International Law Studies

A recurrent response to the development of increasingly autonomous weapons systems involves questions of accountability for serious violations of the law of armed conflict. Opinion is divided across a spectrum ranging from claims of an accountability vacuum and consequent calls for a complete ban to assertions that the weapons will present no new challenges and that the existing legal framework is capable of adaptation to emerging technologies. This article focuses on the expanded role played by developers of autonomous weapons systems. It describes the novel contributions made by developers of these advanced systems that raise the potential for them to ...


Naming The Tragedy, Eric T. Freyfogle Dec 2014

Naming The Tragedy, Eric T. Freyfogle

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.


Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart Dec 2014

Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart

Nevada Supreme Court Summaries

The court determined that Nevada’s Chief Medical Officer’s examination of inmate diets and her resulting report to the Board fell well short of what was required by NRS 209.382(1)(b) in that included no analysis of the diets of general population inmates, addressed diets at only one of Nevada's correctional facilities, and generally lacked any indication as to how the required examination was conducted.


Front Matter Dec 2014

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2014

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2014

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton Dec 2014

The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton

UCF Forum

Why should I have to tell my sons to respect the police?


Front Matter Dec 2014

Front Matter

City University of New York Law Review

No abstract provided.


Introduction: To Economic Justice Dec 2014

Introduction: To Economic Justice

City University of New York Law Review

No abstract provided.


Mfy Legal Services, Inc.'S Medical Legal Partnership With Bellevue Hospital Center: Providing Legal Care To Children With Psychiatric Disabilities, Aleah Gathings Dec 2014

Mfy Legal Services, Inc.'S Medical Legal Partnership With Bellevue Hospital Center: Providing Legal Care To Children With Psychiatric Disabilities, Aleah Gathings

City University of New York Law Review

No abstract provided.


Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin Dec 2014

Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin

City University of New York Law Review

This Article proposes a unique framework establishing that the United States Supreme Court’s decision in Miller v. Alabama, which forbids states from automatically sentencing juveniles to life imprisonment without any meaningful opportunity for release, must apply retroactively to hundreds of juveniles whose convictions and life sentences were already final at the time of the decision. Such a framework is timely and critical. The lower state and federal courts are divided on the question, and the Supreme Court is likely to settle the issue within the next year. The Article reviews how, absent guidance from the Supreme Court, a host ...


No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis Dec 2014

No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis

City University of New York Law Review

No abstract provided.