Law Commons^™

How The European Union's Legal System Works - And Does Not Work: Response To Carruba, Gabel, And Hankla, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

What Do We Mean By An Independent Judiciary, Michael P. Seng

Michael P. Seng

Judicial independence has roots in separation of powers and in ethical standards that require judges to be competent and impartial. Judicial independence depends upon society having faith in the integrity of the courts. Accountability is thus the handmaid of an independent judiciary. This article defines both the structure and the ethical standards that insure an independent judiciary.

No Place To Hide: First Amendment Protection For Geolocation Privacy, Theodore F. Claypoole

Theodore F Claypoole

The article analyzes the conflict between established Constitutional rights and evaporating privacy, by exploring technological changes that threaten anonymity and examining the First Amendment rights to be anonymous in association and speech.

The Mayor’S Responsibility To Protect Chicago Residents: Chicago Residents 89 Year-Old Andri Jakymec (Who Suffers With Alzheimer's Disease) And His 84 Year-Old Wife Subject To A Raid By The Cook County Sheriff’S Department, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

On late evening of October 7, 2010, in the 5600 block of South Kilbourn Street, Chicago, 89 year-old Andri Jakymec (who suffers with Alzheimer's disease) and his 84 year-old wife were confronted by members if the Cook County Sheriffs Department who were looking for drugs. These officers entered the city of Chicago to raid the Jakymec home. They used a battering ram to knock down the front door of the home. Once they gained entry, an officer threw a grenade (it was either a flash grenade of percussion grenade). Witnesses say the officers were there for over 45 minutes. Within …

October 9, 2010: What Will Future Secularism Be Like?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Will Future Secularism Be Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hidden In Plain View: Legal Geography From A Visual Perspective, Irus Braverman

Journal Articles

Law, with a capital “L” at least, is not particularly fond of hiding itself. In order to be effective, law must be asserted in the world; it must be acknowledged; and, most importantly, it must be visually seen. Why, then, would law hide itself in space? And, perhaps more importantly, how would it do so? And why would such hidden places of law be of importance to us? This paper explores the dual project of seeing and concealing within the context of legal geography. It examines how law sees the physical landscape and how it is seen from a spatial …

Derecho Y Eficiencia Económica, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

The Dedication Mass Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School

2006–2016: Ed Edmonds

The Dedication Mass of Biolchini Hall of Law

4:30 p.m.

Friday, October 8, 2010

Basilica of the Sacred Heart

University of Notre Dame

The Dedication Of Biolchini Hall Of Law, University Of Notre Dame, Notre Dame Law School

2006–2016: Ed Edmonds

The program contains a brief biography of Robert F. Biolchini, a list of benefactors, facility statistics, and stunning photography.

Warren County, Kentucky - Wills (Mss 54), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 54. Original wills, made mostly in Warren County, Kentucky from 1798-1881, but including wills made elsewhere. Also includes some legal documents relating to wills. A name index is included in the finding aid. The is only a small portion of the original wills filed at the Warren County courthouse form 1798 to 1915.

Criminal Defense Lawyers Need Broad Knowledge, Timothy O'Neill

Timothy P. O'Neill

Erle Stanley Gardner, Perry Mason And The Court Of Last Resort, Malinda Seymore

Malinda L. Seymore

República E Monarquia: Desfazendo Confusões, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há pelo menos três sentidos essencias da palavra República... Se os confundirmos, estamos perdidos, nunca nos entenderemos. O sentido mais profícuo é o material ou substancial e intermédio: nem o que diz que todas as sociedades políticas o são (sentido hoje quase esquecido), nem o que identifica formalmente as repúblicas com todas as sociedades que não têm rei, sem lhes verificar requisitos éticos. Há um "quid" especial nas Repúblicas para quem é republicano. E que não tem nada a ver com o que nelas vêem os monárquicos ou os indiferentes (?)...

Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard

Golden Gate University Law Review

In 2007, Dr. Poghos Kazarian appealed the United States Citizenship and Immigration Service’s denial of his application for an “extraordinary ability” visa. Prior to Kazarian v. US Citizenship & Immigration Services, the Ninth Circuit had never addressed the issue of how the statutory and regulatory requirements for the “extraordinary ability” visa should be interpreted. The Kazarian court determined that the regulations outlining the evidence sufficient to qualify for the “extraordinary ability” classification were extremely restrictive. The court then concluded that, since Dr. Kazarian had presented only two of the three types of evidence required to meet the eligibility criteria, the …

What's The Deference?: United States V. Hinkson Outlines A New Test For “Abuse Of Discretion”, William B. Jones

Golden Gate University Law Review

Prior to United States v. Hinkson, under the prevailing analysis used to determine whether the trial court had engaged in an “abuse of discretion,” there was arguably “no effective limit” on an appellate court’s power to substitute its own judgment for that of the district court. Rather, it was left to the appellate panel to decide whether it had a “definite and firm conviction that [a] mistake [had] been committed,” or whether a trial court’s factual finding was even “permissible.” But in Hinkson, an en banc panel of the Ninth Circuit took the opportunity to elaborate on the abuse-of-discretion standard. …

Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm

Golden Gate University Law Review

United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue “to contain …

“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu

Golden Gate University Law Review

This Case Summary begins by detailing the factual and procedural history of Bryan. Next, it outlines the “reasonable use of force” analysis of the Ninth Circuit as applied to Tasers. Finally, it concludes by briefly discussing the broad implications of Bryan, both for law enforcement and for every individual who may someday find himself or herself facing a police officer armed with a Taser.

Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein

Golden Gate University Law Review

This Note analyzes the Young court’s opinion and the potential consequences of the majority’s cursory rejection of the government’s inevitable discovery argument. This Note also reconciles the differing applications of the inevitable discovery doctrine by the Young majority and dissent and highlights the speculative nature of employing the inevitable discovery doctrine based on the facts of Young. Part I of this Note presents the background of the case and the historical development of Fourth Amendment jurisprudence, focusing on the inevitable discovery doctrine as articulated by the Supreme Court in Nix v. Williams. Part II outlines the Young decision and analyzes …

United States V. Payton: Redefining The Reasonableness Standard For Computer Searches And Seizures, Susan A. Rados

Golden Gate University Law Review

This Note examines United States v. Payton and the issue of when it is reasonable to search a computer if it is not expressly authorized on the search warrant. Part I discusses the background facts of Payton and the Fourth Amendment. Part II analyzes why the Ninth Circuit ultimately decided Payton correctly but focused on the wrong underlying reason in its holding. The reasonableness standard for computer searches should be whether the computer “could” contain the evidence, rather than the stricter standard of “would” contain the evidence announced in Payton. However, because computers are different from traditional containers, they should …

Judges Of The Ninth Circuit

Golden Gate University Law Review

No abstract provided.