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What Does Law Have To Do With It? The Jury's Role In Cases Alleging Violations Of Law, Custom And Standards, Barbara Kritchevsky 2018 University of Memphis

What Does Law Have To Do With It? The Jury's Role In Cases Alleging Violations Of Law, Custom And Standards, Barbara Kritchevsky

Arkansas Law Review

Rules telling people how to act come from many sources. Statutory law governs a wide range of conduct—driving an auto-mobile, operating a business, building a home. Non-governmen-tal standards reach just as far. Individuals run their businesses in accordance with the law, but also by observing professional standards and industry customs. A hotel owner might look to state or local law to determine how to fence the hotel pool or whether to have a lifeguard on duty. The owner might also de-cide what to do by looking to industry customs or non-govern-mental safety guidelines, such as those a private body ...


When Borders Dissolve, Laura N. Coordes 2018 Arizona State University – Sandra Day O’Connor College of Law

When Borders Dissolve, Laura N. Coordes

Chicago-Kent Law Review

Scholars have long sought to apply principles from U.S. bankruptcy law to sovereign debt restructurings. Chapter 9 of the U.S. Bankruptcy Code, used to adjust the debts of municipalities, has been a particular source of inspiration, and several proposals currently exist to adapt chapter 9 to address the challenges of sovereign debt restructuring.

The difficulties of applying chapter 9 in practice, however, have demonstrated the limitations of a one-size-fits-all solution to municipal distress. Similarly, attempts to adapt chapter 9 to apply uniformly to a broad range of sovereign states may be ineffective. A recurring problem lies in the ...


The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford 2018 Chicago-Kent College of Law

The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford

Chicago-Kent Law Review

Like most states, Illinois is no stranger to political gerrymandering. Since 2010, redistricting reformers have made repeated efforts to change the way Illinois's political maps are drawn, essentially by minimizing or eliminating the role lawmakers play in the process. Polls show the vast majority of Illinoisans support such a change. Reformers have chosen Illinois's citizen ballot initiative as their vehicle to amend the redistricting process, but every proposed initiative has been struck down in court before reaching voters. Most recently, the Illinois Supreme Court rejected a proposed initiative in Hooker v. Illinois State Board of Elections. This Note ...


The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill 2018 Seattle University School of Law

The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill

Seattle University Law Review

The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally ...


Interlocutory Appeals In New York-Time Has Come For A More Efficient Approach, David Scheffel 2018 Pace University School of Law

Interlocutory Appeals In New York-Time Has Come For A More Efficient Approach, David Scheffel

Pace Law Review

Currently, the appellate division must decide an enormous number of appeals every year.7 In light of this caseload crisis, New York must reevaluate its generous approach to interlocutory appeals.8 This Comment discusses how the appellate division can deal most efficiently with interlocutory appeals. Part II describes the history of interlocutory appeals in New York, since the creation of the appellate division. Part III explains how other jurisdictions treat interlocutory appeals. Part IV presents the current caseload crisis in the appellate division. Part V describes the controversy over unlimited interlocutory appealability. Part VI evaluates how New York can streamline ...


Commercial Litigation In New York State Courts (Robert L. Haig, Editor-In-Chief), Joseph P. Sullivan 2018 Pace University

Commercial Litigation In New York State Courts (Robert L. Haig, Editor-In-Chief), Joseph P. Sullivan

Pace Law Review

No abstract provided.


The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr. 2018 Pace University

The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.

Pace Law Review

This Article will examine the nature and constitutionality of consolidated planning boards in light of the broad powers actually granted them. The issues surrounding the constitutionality of consolidated planning boards begs, yet again, Chief Justice Marshall's question respecting the extent of the power granted to the state governments. The question is whether a municipality may abdicate its power to regulate land within its own boundaries by delegating it to a separate planning entity.


Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, C M. Timpson 2018 Golden Gate University School of Law

Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, C M. Timpson

GGU Law Review Blog

Proponents of the Second Amendment stand firm in their belief that there should be little to no restrictions on a person’s ability to obtain and maintain ownership of a gun. Others believe there should be some limitations on the right to “keep and bear arms.” In District of Columbia v. Heller, the Supreme Court upheld a person’s individual right to bear arms for lawful purposes. In Heller, the Court also refused to apply rational basis review to challenges of laws that impact a person’s enumerated rights such as the guarantee against double jeopardy, right to counsel and ...


Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara 2018 Duquesne University

Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara

Graduate Student Research Symposium

According to the FBI, to date, there are more than 400,000 untested sexual assault kits nationwide. While this is a huge issue that cannot be solved overnight, continual improvements and changes are needed to reduce and hopefully eliminate the backlog.

This research examines work going on nationwide and aims to better understand the backlog issues specifically in Pennsylvania. Furthermore, the research examines a program utilized by the law enforcement community that garnered necessary resources. First, a comprehensive review of improved practices in proactive jurisdictions of Ohio, Houston, Texas, and Detroit, Michigan was conducted to identify general policies and procedures ...


Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth 2018 University of San Diego

Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Kayla Watson, J. D. Fellmeth 2018 University of San Diego

Medical Board Of California, Kayla Watson, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme 2018 University of San Diego

Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme 2018 University of San Diego

Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme 2018 University of San Diego

Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Contractors’ State License Board, Mayra Castro, J. D. Fellmeth 2018 University of San Diego

Contractors’ State License Board, Mayra Castro, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth 2018 University of San Diego

California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme 2018 University of San Diego

State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth 2018 University of San Diego

Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme 2018 University of San Diego

Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, J. D. Fellmeth 2018 University of San Diego

Department Of Insurance, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


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