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Fall 2018 Newsletter: The Docket, Emma M. Wood 2018 University of Massachusetts School of Law

Fall 2018 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2018 issue of the UMass Law Library Newsletter, The Docket.


The Byu Advocate, J. Reuben Clark Law School 2018 Brigham Young University Law School

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"What impresses me is that BYU Law is putting significant effort into thinking about innovation, not just for innovation's sake, but to better prepare its students for an increasingly complex and unpredictable world." – Robert Ambrogi


A Bibliography Of Faculty Scholarship, Law Library 2018 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough 2018 John Jay College of Criminal Justice

Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough

Publications and Research

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in ...


A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu 2018 Brigham Young University Law School

A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu

Brigham Young University Journal of Public Law

The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against the ...


The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders 2018 Brigham Young University Law School

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders

Brigham Young University Journal of Public Law

No abstract provided.


The Intertwined Existence Of Families And Religion, Lynn D. Wardle 2018 Brigham Young University Law School

The Intertwined Existence Of Families And Religion, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Minority Entrepreneurs And Fast Failure, Jesse P. Houchens 2018 Brigham Young University Law School

Minority Entrepreneurs And Fast Failure, Jesse P. Houchens

Brigham Young University Journal of Public Law

Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the ...


Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford 2018 Brigham Young University Law School

Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford

Brigham Young University Journal of Public Law

No abstract provided.


Frontmatter, 2018 Brigham Young University Law School

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.


The Problem Of Purely Procedural Preemption Presented By The Federal Hear Act, William L. Charron 2018 Pryor Cashman LLP, partner

The Problem Of Purely Procedural Preemption Presented By The Federal Hear Act, William L. Charron

Pepperdine Law Review

The underlying purpose of the Holocaust Expropriated Art Recovery Act of 2016 (the HEAR Act), which is to return Nazi-looted artwork to victims or their families, is undeniably laudable. Restituting Nazi-looted artwork is and has been a moral objective of this country since the conclusion of World War II. It is equally clear that victims and their families can often face obstacles to gathering evidence from the war that would demonstrate Nazi theft in court. The HEAR Act strives to address these concerns by imposing a federal statute of limitations over all state law causes of action that would enable ...


Ericsson, Inc. V. Regents Of The University Of Minnesota And A New Frontier For The Waiver By Litigation Conduct Doctrine, Jason Kornmehl 2018 Sullivan & Cromwell LLP, Associate

Ericsson, Inc. V. Regents Of The University Of Minnesota And A New Frontier For The Waiver By Litigation Conduct Doctrine, Jason Kornmehl

Pepperdine Law Review

Eleventh Amendment sovereign immunity is one of the most confusing areas of constitutional law. The waiver by litigation conduct doctrine represents a particularly complex aspect of Eleventh Amendment immunity. Courts, for example, have not precisely defined the extent to which waiver in a prior proceeding might extend to a future one. The Patent Trial and Appeals Board recently considered this issue in a novel context. In Ericsson, Inc. v. Regents of the University of Minnesota, the Patent Trial and Appeals Board applied the waiver by litigation conduct doctrine in an inter partes review proceeding. Combining the Eleventh Amendment, non-Article III ...


Sections 7 And 15 Of The Canadian Charter Of Rights And Freedoms In The Context Of The Clean Water Crisis On Reserves: Opportunities And Challenges For First Nations Women, Madiha Vallani 2018 Western University

Sections 7 And 15 Of The Canadian Charter Of Rights And Freedoms In The Context Of The Clean Water Crisis On Reserves: Opportunities And Challenges For First Nations Women, Madiha Vallani

Master of Laws Research Papers Repository

This paper analyzes the water crisis on reserves through the lens of the Canadian Charter of Rights and Freedoms. Specifically, this paper discusses certain issues, stemming from the water crisis, that some First Nations women experience, through the lens of the Charter’s section 15 right to equality, and section 7 right to life, liberty, and security of the person. In doing so, this paper aims to draw attention to the various ways that the water crisis uniquely impacts First Nations women due to their intersectional experiences under the protected grounds of sex, ethnic origin, race, and residency on reserve ...


The Security Court, Matt Steilen 2018 University of Maryland Francis King Carey School of Law

The Security Court, Matt Steilen

Maryland Law Review Online

The Supreme Court is concerned not only with the limits of our government’s power to protect us, but also with how it protects us. Government can protect us by passing laws that grant powers to its agencies or by conferring discretion on the officers in those agencies. Security by law is preferable to the extent that it promotes rule of law values—certainty, predictability, uniformity, and so on—but, security by discretion is preferable to the extent that it gives government the room it needs to meet threats in whatever form they present themselves. Drawing a line between security ...


From Eternity To Here: Divine Accommodation And The Lost Language Of Law, Nomi Stolzenberg 2018 USC School of Law

From Eternity To Here: Divine Accommodation And The Lost Language Of Law, Nomi Stolzenberg

University of Southern California Legal Studies Working Paper Series

This paper asserts that the discourse of religious accommodation has stopped making sense, and that the reason it has stopped making sense is because our terminology (including such terms as "religion," "accommodation," and "secularism") is inherited from tradition of political theological discourse that has been forgotten: the theology of divine accommodation. The paper reconstructs the content of that tradition of political theology in broad strokes, arguing that the birthplace of secularism and the birthplace of liberalism both lie here and that, once we recognize that, a number of doctrinal and conceptual puzzles can be solved, including how to define religion ...


Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja 2018 University of New South Wales, Australian Defence Force Academy

Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja

International Law Studies

Under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions, States are required to review new weapons for their compliance with international law. While recent discussions on the regulation of lethal autonomous weapons systems under the auspices of the UN Certain Conventional Weapons Convention increasingly emphasize the importance of national weapons review mechanisms, Article 36 is known to be implemented only by a handful of States. Some legal scholars have nonetheless argued that the Article 36 obligation has attained customary international law status. Remarkably, substantive analysis of State practice and opinio juris required to evidence that certain ...


Mmu: 09/24/18 - 09/30/18, Notre Dame Law School 2018 Notre Dame Law School

Mmu: 09/24/18 - 09/30/18, Notre Dame Law School

Monday Morning Update

No abstract provided.


Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re 2018 University of Rome, Italy

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

This special issue on migration offers a collection of contributions from prominent scholars, academics, and researchers from Europe, Africa, and the United States who provide a unique multilevel and prismatic analysis of this fundamental social phenomenon.


North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir 2018 Libyan Academy of Graduate Studies, Tripoli

North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir

New England Journal of Public Policy

Because of its geographical size and location, Libya has for centuries been a transit county for human movement across the region. Thus, its experience with immigrants has a long history. In the early 1970s, Libya became a destination for foreigners seeking jobs. Some entered the country legally, others illegally. All came to work, live, and send remittances back to their families. During the 1990s, when many migrants used Libya as a transit country for crossing the sea to Europe, the European Union started negotiating with the Libyan government to curb the flow of irregular migrants. In 2011, the country joined ...


Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola 2018 Sapienza University of Rome, Italy

Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola

New England Journal of Public Policy

This article examines international migration from a gender perspective. It asserts that migration can be empowering for women, and at the same time it may exacerbate their vulnerabilities, including abuse and trafficking, particularly when migrants are low skilled or irregular.


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