How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii,
2014
Texas A & M University School of Law
How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green
Nevada Law Journal
No abstract provided.
Making Liquor Immunity Worse: Nevada's Undue Protection Of Commercial Hosts Evicting Vulnerable And Dangerous Patrons,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Making Liquor Immunity Worse: Nevada's Undue Protection Of Commercial Hosts Evicting Vulnerable And Dangerous Patrons, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
The Common Law Powers Of The Nevada Attorney General: Ryan V. Eighth Judicial District Court,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Common Law Powers Of The Nevada Attorney General: Ryan V. Eighth Judicial District Court, Robert Stewart
Nevada Law Journal
No abstract provided.
Tesla And The Car Dealers' Lobby,
2014
University of Michigan Law School
Tesla And The Car Dealers' Lobby, Daniel A. Crane
Articles
Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers …
Beyond The E-Reader: Alternative Uses For The Ipad In Libraries,
2014
University of Georgia School of Law Library
Beyond The E-Reader: Alternative Uses For The Ipad In Libraries, Rachel Evans
Articles, Chapters and Online Publications
Explores how libraries use iPads to improve productivity and maximize staff time. Includes recommendations for using iPads as web development, video conferencing, mobile service point, online polling and self-checkout tools, as well as suggestions for specific productivity apps,
Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring,
2014
University of Dayton
Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo
Educational Leadership Faculty Publications
A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools1 to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,2 a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,3 the Court struck down the Defense …
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex,
2014
University of Washington School of Law
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch
Washington Law Review
In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …
The Constitutional Structure Of Voting Rights Enforcement,
2014
University of Washington School of Law
The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson
Washington Law Review
Scholars and courts have hotly debated whether the preclearance regime of the Voting Rights Act is constitutional under the Reconstruction Amendments. In answering this question, this Article is the first to consider the effect of section 2 of the Fourteenth Amendment on the scope of Congress’s enforcement authority. Section 2 allows Congress to reduce the size of a state’s delegation in the House of Representatives if the state abridges the right to vote in state and federal elections for any reason, “except for participation in rebellion, or other crime.” This Article contends that section 2 influences the scope of congressional …
Gully And The Failure To Stake A 28 U.S.C. § 1331 "Claim",
2014
University of Washington School of Law
Gully And The Failure To Stake A 28 U.S.C. § 1331 "Claim", Lumen N. Mulligan
Washington Law Review
In this piece, I argue that a return to Gully v. First National Bank in Meridian as an approach to 28 U.S.C. § 1331 jurisdiction is ill-conceived. In a recent thoughtful article, Professor Simona Grossi draws heavily upon the traditions of the legal process school’s approach to federal courts jurisprudence to support just such a resurrection of Gully as the lodestar for § 1331 doctrine. While embracing a return to the legal process school, I argue first that the Gully view—read as a call for judges simply to select sufficiently important matters, in relation to plaintiff’s case in chief, for …
Not-So-Harmless Error: A Higher Standard For Mitigation Errors On Capital Habeas Review,
2014
University of Washington School of Law
Not-So-Harmless Error: A Higher Standard For Mitigation Errors On Capital Habeas Review, Ryan C. Thomas
Washington Law Review
This Comment looks at how federal courts handle mitigation errors during the penalty phase of capital punishment cases on habeas corpus review; it argues that the United States Supreme Court should expressly adopt the Chapman “harmless beyond a reasonable doubt” standard rather than the Brecht “substantial and injurious effect” standard. The heightened stakes of capital sentencing dictate that a higher standard of review should apply. The Court has yet to rule on this matter, and the United States Courts of Appeals cannot agree upon which standard to apply. Currently, a lopsided circuit split exists regarding whether harmless error review applies …
"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits,
2014
University of Washington School of Law
"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits, Emily Toler
Washington Law Review
Under Washington’s Employment Security Act, workers who voluntarily quit their jobs are qualified to receive unemployment benefits only if they establish “good cause” for leaving work. For forty years, the agency that administers the statute and the courts had substantial discretion to find good cause under the statute’s flexible, standard-based approach. However, beginning in 1977, the legislature began to restrict the scope of that discretion by moving toward a rule-based approach. This trend reached its apex in 2009, when the legislature stripped the agency and the courts of all discretion and limited good cause to eleven reasons enumerated in the …
Loss-Of-Chance Doctrine In Washington: From Herskovits To Mohr And The Need For Clarification,
2014
University of Washington School of Law
Loss-Of-Chance Doctrine In Washington: From Herskovits To Mohr And The Need For Clarification, Matthew Wurdeman
Washington Law Review
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation principles with the need to provide a remedy to patients whose injuries or illnesses are seriously exacerbated by physician negligence. In Washington, the doctrine continues to create significant difficulties for judges, juries, and practitioners. Wherever it has been applied, it has often created difficulties. The loss-of-chance doctrine needs clarification—definitive, sensible, and workable guidelines to ensure that loss of chance is consistently and fairly applied. Part of the problem lies in the fact that courts and litigants use the term “loss of chance” as if it …
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex,
2014
University of Washington School of Law
"All His Sexless Patients": Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison J. Lynch
Washington Law Review
In this Article, we consider these attitudes while seeking to answer the following questions: • In this area of law and policy, is there any unitary definition of competence? • Are there certain factors that must be considered in determining “sexual competence”? • How does domestic law and policy relate to issues of sexual competence, and does it impact how we should approach these issues? • What are the international human rights law and therapeutic jurisprudence implications of the answers to these questions? In Part I, we will discuss competence to engage in sexual activity in matters involving persons with …
The Constitutional Structure Of Voting Rights Enforcement,
2014
University of Washington School of Law
The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson
Washington Law Review
Scholars and courts have hotly debated whether the preclearance regime of the Voting Rights Act is constitutional under the Reconstruction Amendments. In answering this question, this Article is the first to consider the effect of section 2 of the Fourteenth Amendment on the scope of Congress’s enforcement authority. Section 2 allows Congress to reduce the size of a state’s delegation in the House of Representatives if the state abridges the right to vote in state and federal elections for any reason, “except for participation in rebellion, or other crime.” This Article contends that section 2 influences the scope of congressional …
The Claim-Centered Approach To Arising-Under Jurisdiction: A Brief Rejoinder To Professor Mulligan,
2014
University of Washington School of Law
The Claim-Centered Approach To Arising-Under Jurisdiction: A Brief Rejoinder To Professor Mulligan, Simona Grossi
Washington Law Review
My claim-centered approach to arising-under jurisdiction fully embraces the three subcategories of jurisdiction that Professor Mulligan identifies. My essential point is that the bifurcation (or trifurcation as Professor Mulligan suggests) into separate doctrines has led to a mechanical jurisprudence that is sometimes inconsistent with the fundamental principles that ought to animate § 1331 jurisdictional analysis. In my view, Gully v. First National Bank illuminates those fundamental principles by focusing on the role of the federal issue in the case before the court. That does not mean that Gully provides an easy answer for all applications of arising-under jurisdiction; it does …
Arriving At Clearly Established: The Taser Problem And Reforming Qualified Immunity Analysis In The Ninth Circuit,
2014
University of Washington School of Law
Arriving At Clearly Established: The Taser Problem And Reforming Qualified Immunity Analysis In The Ninth Circuit, Kate Seabright
Washington Law Review
Federal law allows private citizens to bring civil suits against government officials who violate their constitutional rights while acting under the color of state law. The doctrine of qualified immunity shields officials from liability when their conduct does not violate clearly established constitutional rights. When determining whether a right was clearly established at the time of a particular injury, the Ninth Circuit purportedly looks to whatever decisional law is available to inform its analysis. This Comment examines recent Taser-related cases to show that, in practice, courts in the Ninth Circuit actually take two divergent approaches. Some look only to binding, …
Not-So-Harmless Error: A Higher Standard For Mitigation Errors On Capital Habeas Review,
2014
University of Washington School of Law
Not-So-Harmless Error: A Higher Standard For Mitigation Errors On Capital Habeas Review, Ryan C. Thomas
Washington Law Review
This Comment looks at how federal courts handle mitigation errors during the penalty phase of capital punishment cases on habeas corpus review; it argues that the United States Supreme Court should expressly adopt the Chapman “harmless beyond a reasonable doubt” standard rather than the Brecht “substantial and injurious effect” standard. The heightened stakes of capital sentencing dictate that a higher standard of review should apply. The Court has yet to rule on this matter, and the United States Courts of Appeals cannot agree upon which standard to apply. Currently, a lopsided circuit split exists regarding whether harmless error review applies …
"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits,
2014
University of Washington School of Law
"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits, Emily Toler
Washington Law Review
Under Washington’s Employment Security Act, workers who voluntarily quit their jobs are qualified to receive unemployment benefits only if they establish “good cause” for leaving work. For forty years, the agency that administers the statute and the courts had substantial discretion to find good cause under the statute’s flexible, standard-based approach. However, beginning in 1977, the legislature began to restrict the scope of that discretion by moving toward a rule-based approach. This trend reached its apex in 2009, when the legislature stripped the agency and the courts of all discretion and limited good cause to eleven reasons enumerated in the …
The Criminal Court Audience In A Post-Trial World,
2014
Brooklyn Law School
The Criminal Court Audience In A Post-Trial World, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
Private Certifiers And Deputies In American Health Care,
2014
Brooklyn Law School
Private Certifiers And Deputies In American Health Care, Frank Pasquale
Faculty Scholarship
No abstract provided.
