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California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty 2014 SelectedWorks

Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty

Meredith W. Doherty

As the technology of smartphones has progressed, electronic communication has become an integral and portable part of our daily lives. A recent New Jersey case highlighted the issue of holding the sender of a text message liable for injuries resulting from a motor vehicle accident in which the driver at fault was reading a text message from the sender at the time of the accident. This note focuses on the implications of such liability being imposed on senders of text messages as well as the slippery slope that could result, taking all forms of electronic communication, social media and mobile ...


New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo 2014 Pace University

New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo

Pace Law Review

The Comment examines trust decanting in four parts. Part I reviews the historical evolution of decanting statutes, first from common law roots, and later focusing on the legislative history of New York’s decanting statute. Part II briefly explains the functionality of section 10-6.6 of the NY EPTL; the “how does it work” explanation of the statute that authorizes decanting. Part III will discuss the many practical uses of the decanting statute. Finally, Part IV will transition into a discussion on how the trustee’s use of this statute not only leaves him in limbo regarding the tax treatment ...


Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter 2014 Pace University

Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter

Pace Law Review

This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is ...


E-Citation $5 Fee Authorized In Tennessee, Karen Blake 2014 University of Tennessee, Knoxville

E-Citation $5 Fee Authorized In Tennessee, Karen Blake

Karen Blake

A short description of recent legislation permitting Tennessee cities to adopt a $5 e-citation fee for a period of 5 years.


Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj 2014 Pepperdine University

Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. DiCanni 2014 Touro College Jacob D. Fuchsberg Law Center

The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni

Touro Law Review

This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions. In Part IV ...


A Free Online Guide For Researching The Ohio Constitution, Sue M. Altmeyer 2014 Cleveland State University

A Free Online Guide For Researching The Ohio Constitution, Sue M. Altmeyer

Sue M Altmeyer

Attorneys and law students should have knowledge of the Ohio Constitution because it offers another legal grounds for their client's cases, sometimes over and above the rights afforded by the U.S. Constitution. The Ohio Constitution is often in the news, pertaining to recent court cases or proposals to amend the state constitution. Various groups are attempting to amend the Ohio Constitution to, among other things, allow for same-sex marriage, marijuana legalization, and to create an Ohio Voter Bill of Rights. The Cleveland-Marshall College of Law Library makes a free research guide available for researching the Ohio Constitution: Law ...


Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder 2014 College of William & Mary Law School

Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder

William & Mary Law Review

No abstract provided.


A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman 2014 Boston College Law School

A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman

Boston College Journal of Law & Social Justice

Richard Nixon fundamentally changed the prison system in America when he launched the “War on Drugs” in 1969, leading to a series of federal laws imposing harsh mandatory sentences on drug offenders. In an attempt to shield children from drugs, New Jersey followed other states in passing a “drug-free school zone” statute. The statute imposed harsh mandatory minimum sentences for all drug offenders arrested within 1,000 feet of schools, regardless of whether children were involved. This law has had a disparate impact on minorities in New Jersey, who disproportionately populate urban communities that happen to be located within all-encompassing ...


City Court, City Of Rochester, People V. Griswold, James Dougherty 2014 Touro College Jacob D. Fuchsberg Law Center

City Court, City Of Rochester, People V. Griswold, James Dougherty

Touro Law Review

No abstract provided.


Betting On State Equality: How The Expanded Equal Sovereignty Doctrine Applies To The Commerce Clause And Signals The Demise Of The Professional And Amateur Sports Protection Act, Michael Welsh 2014 Boston College Law School

Betting On State Equality: How The Expanded Equal Sovereignty Doctrine Applies To The Commerce Clause And Signals The Demise Of The Professional And Amateur Sports Protection Act, Michael Welsh

Boston College Law Review

In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby County v. Holder, the Supreme Court broadened the doctrine’s scope, holding that the doctrine applied to all disparate treatment of states. As such, the revived equal sovereignty doctrine leaves federal statutes—such as the Professional and Amateur Sports Protection Act (“PASPA”), which prohibits state-sanctioned casino sports gambling in ...


Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes 2014 SelectedWorks

Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes

Levi L Wilkes

No abstract provided.


Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer 2014 SelectedWorks

Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer

Nancy J. Knauer

When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of ...


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman 2014 Touro College Jacob D. Fuchsberg Law Center

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington 2014 Pepperdine University

Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan 2014 Pepperdine University

Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx

Touro Law Review

No abstract provided.


Sharing Public Safety Helicopters, Henry H. Perritt Jr. 2014 Chicago-Kent College of Law

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink 2014 SelectedWorks

Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink

Eric M Fink

In the late nineteenth and early twentieth centuries, municipal governments in various US cities assumed responsibility for utilities and other services that previously had been privately operated. In the late twentieth century, prompted by fiscal crisis and encouraged by neo-liberal ideology, governments embraced the concept of “privatization,” shifting management and control over public services to private entities.

Despite disagreements over the merits of privatization, both proponents and opponents accept the premise of a fundamental distinction between the “public” and “private” sectors, and between “state” and “market” institutions. A more skeptical view questions the analytical soundness and practical significance of these ...


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