Suffolk University Law School
Universidad de La Salle, Bogotá
Lillard Wise Szygenda pllc
University of Maryland Francis King Carey School of Law
Pace University
Cleveland State University
Michigan State University College of Law
William & Mary Law School
UIC John Marshall Law School
The John Marshall Law School
Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255,
2021
Loyola Law School Los Angeles
Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. Mclaughlin, Richard Schmalbeck
Amici Briefs
The twelve individuals filing this amicus brief are professors and scholars of the law of nonprofit organizations. No party in this case represents all three of charity’s key stakeholders: charities, states, and taxpayers who underwrite the charities’ funding. Amici are participating in this litigation in order to aid the Court in understanding how these three interests depend on one another. They also attempt to provide a clearer understanding of state supervision of charities and how that supervision related to federal tax law.
Landmarks And City Hall: How Historic Preservation Contributes To Municipal Government,
2021
National Trust for Historic Preservation
Landmarks And City Hall: How Historic Preservation Contributes To Municipal Government, Frank B. Gilbert
Journal of Natural Resources & Environmental Law
No abstract provided.
Regulation Of Municipal Incinerator Ash: City Of Chicago V. Environmental Defense Fund, Inc.,
2021
University of Kentucky
Regulation Of Municipal Incinerator Ash: City Of Chicago V. Environmental Defense Fund, Inc., Tiffany D. Gabehart
Journal of Natural Resources & Environmental Law
No abstract provided.
Taxing Cloud Computing Proves To Be Just That--Taxing,
2021
Boston College Law School
Taxing Cloud Computing Proves To Be Just That--Taxing, Emily A. Ivers
Boston College Law Review
In February 2020, the Massachusetts Supreme Judicial Court, in Citrix Systems, Inc. v. Commissioner of Revenue ruled that the sale of cloud computing subscriptions was subject to state sales tax because it was a transfer of tangible personal property. This was the first time a state’s highest court decided on the taxability of cloud computing products. As the industry continues to grow at a rapid pace, states have struggled to determine how to tax it. Some states find these products to be a non-taxable service, whereas others stretch their definitions of tangible personal property to allow taxation. This Comment ...
“You Just Need To Do It!”: When Texts Encouraging Suicide Do Not Warrant Free Speech Protection,
2021
Boston College Law School
“You Just Need To Do It!”: When Texts Encouraging Suicide Do Not Warrant Free Speech Protection, Courtney E. Ruggeri
Boston College Law Review
Is it constitutional to hold an individual criminally liable for another’s suicide when words alone drive the conviction? After a Massachusetts court convicted Michelle Carter of involuntary manslaughter following the suicide of her boyfriend Conrad Roy in 2014, the answer seemed to be “yes.” Although Carter’s conviction—which focused on the content of her text messages—was a first-of-its-kind, that was not the case for long. Just five years later, the Commonwealth of Massachusetts brought similar charges against Inyoung You for causing the suicide of her boyfriend, Alexander Urtula, also via text. Although the facts in the two ...
Ohio's Love-Hate Relationship With Marital Agreements: Why Ohio Should Lift Its Prohibition On Postnuptial Agreements,
2021
Cleveland-Marshall College of Law
Ohio's Love-Hate Relationship With Marital Agreements: Why Ohio Should Lift Its Prohibition On Postnuptial Agreements, Natasha Wasil
Cleveland State Law Review
Ohio has been accepting of prenuptial agreements since its landmark decision in Gross v. Gross in 1984, declaring them to be not void per se as being against public policy. Unfortunately, Ohio’s evolution of the law regarding marital agreements has remained at a stand-still since Gross. Through the twenty-first century, a majority of states have responded to the evolution of marriage by enacting legislation, or judicially by court order, to allow spouses to enter into contracts after marriage to allocate the division of property and legal obligations of the couple in the event of divorce, commonly known as “postnuptial ...
Recent Developments,
2021
University of Arkansas, Fayetteville
Recent Developments, Clinton T. Summers
Arkansas Law Review
The United States Supreme Court upheld an Arkansas law regulating how pharmacies are reimbursed by pharmacy benefit managers. In Rutledge v. Pharmaceutical Care Management Ass’n, a unanimous Court decided that Arkansas Act 900, passed in 2015, was not pre-empted by the federal Employee Retirement Income Security Act of 1974 (“ERISA”).
Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice,
2021
University of Arkansas, Little Rock
Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton
Arkansas Law Review
A series of Arkansas appellate decisions addresses a recurring issue—the entry of a final order without notice to one or more litigants. Appellate deadlines run from the date of entry of a final order, so the lack of notice typically results in the inability to perfect an appeal, as a party unaware of the entry of a final order is unlikely to timely perfect an appeal. This troublesome issue has arisen in Arkansas with sufficient frequency to merit a specific provision in the Arkansas Rules of Appellate Procedure—Civil.4 If a party can satisfy its requirements, Rule 4 ...
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting,
2021
University of Pennsylvania Carey Law School
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne
Faculty Scholarship at Penn Law
Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.
After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...
The Democracy Principle In State Constitutions,
2021
Columbia Law School
The Democracy Principle In State Constitutions, Jessica Bulman-Pozen, Miriam Seifter
Michigan Law Review
In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal Constitution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. Commentators increasingly decry the rule of the many by the few.
This Article argues that a vital response has been neglected. State constitutions embody a deep commitment to democracy. Unlike the federal Constitution, they were drafted—and have been repeatedly rewritten and amended— to ...
The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well",
2021
Boston College Law School
The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well", Abigail W. Mahoney
Boston College Law Review
Students attending under-resourced public schools are held to the same statewide standards as their peers in wealthier districts, but are attempting to learn under conditions of neglect. In most states, students lacking qualified teachers, safe classrooms, textbooks, and other learning resources have no power to change their learning environments. Due to the lack of a federal constitutional right to education, efforts to improve school conditions by invoking general state protections have had mixed success in enhancing the quality of education in the United States. In California in 2004, however, the Williams v. State student class action lawsuit set some of ...
Masthead,
2021
University of San Diego
Key,
2021
University of San Diego
Dental Board Of California,
2021
University of San Diego
Dental Board Of California, Jonathan Greenbergs, Debra Jorgensen, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care,
2021
University of San Diego
Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2021
University of San Diego
Medical Board Of California, Ellen Williams, Jonathan Padua, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2021
University of San Diego
Board Of Pharmacy, Anna Schwartz, Debra Jorgensen, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2021
University of San Diego
Board Of Registered Nursing, Kendra J. Muller, Debra Jorgensen, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2021
University of San Diego
Veterinary Medical Board, Jordan Bourque, Debra Jorgensen, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board,
2021
University of San Diego
Contractors State License Board, Sabrina Barr, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
