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A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini 2016 University of Michigan Law School

A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini

Michigan Law Review

Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further ...


Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016), Katherine Maher 2016 Nevada Law Journal

Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016), Katherine Maher

Nevada Supreme Court Summaries

The Court generally upheld the common-law principles, referenced in NRS 463.0129(3)(a), permitting gaming establishments to exclude any persons from their premises for any reason, unless for discriminatory or otherwise unlawful purposes. Thus the district court properly dismissed the complaint.


Shifting Attitudes In The Next Generation Of Male Lawyers: Will The Kids Be As Important As The Courtroom?, Shannon R. Webb, Catherine Loughlin 2016 Fanshawe College of Applied Arts and Technology

Shifting Attitudes In The Next Generation Of Male Lawyers: Will The Kids Be As Important As The Courtroom?, Shannon R. Webb, Catherine Loughlin

Western Journal of Legal Studies

We adopted role salience measures to assess whether commitments to occupational, parental, and marital roles differed between male and female law students. The results indicated that male law students were slightly more committed to occupational roles. We also found that male and female law students were equally committed to marital and childcare roles. Surprisingly, male and female law students reported equal self-efficacy to manage work-life conflict. Therefore, the study suggests that the decision to opt out of legal careers likely occurs more at the workplace level and is less attributed to pre-career commitment or self-efficacy levels.


Recognizing Indigenous Legal Values In Modern Copyright Law, Denise Brunsdon 2016 Student at Law

Recognizing Indigenous Legal Values In Modern Copyright Law, Denise Brunsdon

Western Journal of Legal Studies

Canada was founded on three legal traditions: common law, civil law, and Indigenous law. Despite this multijuridical founding, Indigenous legal traditions (ILTs) have been largely ignored in many areas of Canadian law. This lack of inclusion is harmful to Canadian society in several ways. Notably, it ignores Canada’s treaty obligations, disregards the social integration of contemporary Canadian society, and wastes an excellent opportunity to aid in the reconciliation of Canada’s colonial past. It is not as though Canada is without opportunities to integrate ILTs into its legal systems. For example, in the recent Supreme Court of Canada decision ...


Foreign Policy And The Government Legal Adviser, Henry Darwin 2016 Foreign and Commonwealth Office

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Joyce Gutteridge 2016 University of Georgia School of Law

Foreign Policy And The Government Legal Adviser, Joyce Gutteridge

Georgia Journal of International & Comparative Law

No abstract provided.


Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson 2016 University of Edinburgh

Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.


Artificial Insemination: I - Legal Aspects, Anthony F. LoGatto, M.S.S.S., LL.B. 2016 St. John's University School of Law

Artificial Insemination: I - Legal Aspects, Anthony F. Logatto, M.S.S.S., Ll.B.

The Catholic Lawyer

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky 2016 Touro College Jacob D. Fuchsberg Law Center

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes 2016 The University of Western Ontario

Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes

Master of Studies in Law Research Papers Repository

What determines the outcome of judicial decisions? A traditional answer to this question is that it involves a complex application of rules derived from the reasons for judgment of analogous common law decisions and applicable statutes under the doctrine of stare decisis. This answer is problematic. One significant problem of this answer is its inability to explain the outcome of cases where the judgment does not appear to be based on these traditionally recognized sources. An alternative answer, provided by a particular field of legal scholarship, Legal Realism, posits that “other” factors make a significant impact on the outcome of ...


Admiralty-Sovereign Immunity-Philippine Corporation's Suit To Recover Damages Caused By Collision With Public Vessel May Proceed Only Under Jurisdiction Of The Public Vessels Act, And May Be Barred By That Act's Reciprocity Provision, B. Randall Blackwood 2016 University of Georgia School of Law

Admiralty-Sovereign Immunity-Philippine Corporation's Suit To Recover Damages Caused By Collision With Public Vessel May Proceed Only Under Jurisdiction Of The Public Vessels Act, And May Be Barred By That Act's Reciprocity Provision, B. Randall Blackwood

Georgia Journal of International & Comparative Law

No abstract provided.


Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root 2016 Trinity College, Hartford Connecticut

Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root

Senior Theses and Projects

Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest ...


The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern 2016 Seattle University School of Law

The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern

Seattle University Law Review

The English East India Company was first chartered in 1600, endured until the late nineteenth century, and, in a clever act of corporate resurrection, has even recently returned as a global, upmarket retail outlet selling fine foods and commemorative coins. It has also endured in the popular imagination and culture, churning out heroes and villains alike in film, television, and video games. The script writer for a forthcoming BBC miniseries, in which the East India Company stars as the prime antagonist, even noted recently that the Company was like “the CIA, the NSA, and the biggest, baddest multinational corporation on ...


The Tax Provisions Denying A Deduction For Illegal Expenses And Expenses Of Illegal Businesses Should Be Repealed, Douglas A. Kahn, Howard Bromberg 2016 University of Michigan Law School

The Tax Provisions Denying A Deduction For Illegal Expenses And Expenses Of Illegal Businesses Should Be Repealed, Douglas A. Kahn, Howard Bromberg

Articles

Currently, the tax law denies a deduction for business expenses that violate a federal or state law (but only if the state law is generally enforced). In addition, losses, including business losses, cannot be deducted if they arise out of an illegal activity. For example, medical expenses are denied a deduction if they are illegal. Kickbacks, bribes, and rebates given in connection with the Medicaid or Medicare program are nondeductible. Any expenses, legal or not, incurred in connection with the conduct of a business of selling a controlled substance that is prohibited by federal law (or by the law of ...


Feminist Legal Theory: A Primer, Nancy Levit, Robert Verchick 2015 Loyola University New Orleans

Feminist Legal Theory: A Primer, Nancy Levit, Robert Verchick

Robert R.M. Verchick

Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism ...


Resisting Revenge Pornography: When Victims Strike Back, Amar Khoday 2015 University of Manitoba

Resisting Revenge Pornography: When Victims Strike Back, Amar Khoday

Dr. Amar Khoday

This article is a case commentary which examines a recent decision of the Ontario Superior Court of Justice - Jane Doe 464533 v ND, 2016 ONSC 541. The case represents an important precedent which applies particular common law torts for the first time in Canada to an instance of revenge pornography and where the court awarded damages. Drawing from similar decisions from Australia and the United States, the article examines the Doe court's use of these common law torts as a well as the damages awarded. Furthermore, the article argues that the case represents an avenue through which victims of ...


Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan 2015 Chapman University School of Law

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple ...


The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna 2015 University of San Francisco

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using ...


The Fourth Amendment And Common Law, David Sklansky 2015 Berkeley Law

The Fourth Amendment And Common Law, David Sklansky

David A Sklansky

No abstract provided.


Keepings, Donald Kochan 2015 Chapman University School of Law

Keepings, Donald Kochan

Donald J. Kochan

Individuals usually prefer to keep what they own; property law develops around that assumption. Alternatively stated, we prefer to choose whether and how to part with what we own. Just as we hold affection and attachment for our memories, captured in the lyrics of the George Gershwin classic, so too do most individuals adopt a “they can’t take that away from me” approach to property ownership.

We often focus on the means of acquisition or transfer in property law. We look less often at the legal rules that support one’s ability to keep what one owns. Yet, it ...


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