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A Touchy Subject: The Eleventh Circuit’S Tug-Of-War Over What Constitutes Violent “Physical Force”, Conrad Kahn, Danli Song 2018 University of Miami Law School

A Touchy Subject: The Eleventh Circuit’S Tug-Of-War Over What Constitutes Violent “Physical Force”, Conrad Kahn, Danli Song

University of Miami Law Review

No abstract provided.


Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr. 2018 University of Miami Law School

Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr.

University of Miami Law Review

Once every twenty years, the Florida Constitution mandates the convening of a thirty-seven-member body that is charged with reviewing the state constitution and submitting any recommended changes to the general public for approval. This entity is formally known as the Constitution Revision Commission, and between March 2017 and May 2018, it met for the third time in Florida’s history. Eight amendments, some with multiple parts, were proposed, and if any of these proposals are approved by 60% of the voters in the November 2018 general election, they will become “the supreme law of the land” for the State of ...


Habeas Won And Lost: The Eleventh Circuit’S Narrow View Of State Court Judgments, Christina M. Frohock 2018 University of Miami School of Law

Habeas Won And Lost: The Eleventh Circuit’S Narrow View Of State Court Judgments, Christina M. Frohock

University of Miami Law Review

The Eleventh Circuit vacated its panel opinion in Patterson v. Secretary and reheard the case en banc. The court’s new opinion revisits the prohibition against “second or successive” habeas corpus petitions in 28 U.S.C. § 2244(b) and embraces the dissenting view in the prior opinion, rejecting the reasoning of the majority. A new state court judgment resets the habeas clock, allowing a prisoner to file an additional federal habeas petition without running afoul of section 2244(b). Previously, the court offered an expansive view of such judgments, looking to whether the state court has substantively changed the ...


Appeal No. 958: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2018 Case Western Reserve University School of Law

Appeal No. 958: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-89 (Plug Order; Hartline Richard Unit #1 Well)


Appeal No. 959: Thelma Schwender, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2018 Case Western Reserve University School of Law

Appeal No. 959: Thelma Schwender, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-94 (McKeegan South Unit: Gulfport Energy Corporation)


Appeal No. 949: Christ Community Church, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2018 Case Western Reserve University School of Law

Appeal No. 949: Christ Community Church, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Alleged Violation of O.R.C. §1509.11


The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell 2018 Texas Thirteenth Court of Appeals

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and ...


Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson 2018 St. Mary's University School of Law

Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.


The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell 2018 Mississippi College School of Law

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently ...


Healthcare Promises For Public Employees, Natalya Shnitser 2018 Boston College Law School

Healthcare Promises For Public Employees, Natalya Shnitser

Boston College Law School Faculty Papers

State and local governments have promised nearly $1 trillion in retiree healthcare benefits to public employees. Although retiree healthcare benefits represent a form of compensation, historically, state and local governments have not set aside any money to pay for the promised benefits. Compensating employees with promises of future benefits has enabled state legislatures to use public dollars for other priorities, while ignoring the growing liabilities associated with the healthcare promises. As these liabilities have come due, they have strained state and local budgets. Some public employers have simply cut the benefits, and public employees have had limited recourse to hold ...


Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr. 2018 University of Pennsylvania Law School

Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay draws both on my scholarly and on my personal experience as a member of Puerto Rico’s oversight board to assess the first two years of the Board’s existence. I begin in a scholarly mode, by exploring the question of where P.R.O.M.E.S.A., the legislation that created the Board, came from. P.R.O.M.E.S.A.’s core provisions are, I will argue, the product of two historical patterns that have emerged in responses to the financial distress of public entities in the United States. The first dates back to ...


Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman 2018 University of Maryland Francis King Carey School of Law

Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman

Maryland Law Review

No abstract provided.


The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego 2018 Seattle University School of Law

The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego

Seattle University Law Review

This Note aims to identify the food justice issues caused by the National Bioengineered Food Disclosure Standard (NBFDS) and make recommendations for the United States to minimize these concerns. The NBFDS requires the United States Department of Agriculture (USDA) to draft regulations establishing a mandatory disclosure standard for GM food and ultimately, will require a disclosure on the package of any GM food sold in the United States. Part I of the Note provides an overview of the genetically modified (GM) food debate. Part II reviews the NBFDS. Part III explains the food justice implications of GM food production. Part ...


The Gm Food Debate: An Evaluation Of The Nationalbioengineered Food Disclosure Standard Andrecommendations For The United States Based On Foodjustice, Courtnee Grego 2018 Seattle University School of Law

The Gm Food Debate: An Evaluation Of The Nationalbioengineered Food Disclosure Standard Andrecommendations For The United States Based On Foodjustice, Courtnee Grego

Seattle University Law Review

This Note aims to identify the food justice issues caused by the National Bioengineered Food Disclosure Standard (NBFDS) and make recommendations for the United States to minimize these concerns. The NBFDS requires the United States Department of Agriculture (USDA) to draft regulations establishing a mandatory disclosure standard for GM food and ultimately, will require a disclosure on the package of any GM food sold in the United States. Part I of the Note provides an overview of the genetically modified (GM) food debate. Part II reviews the NBFDS. Part III explains the food justice implications of GM food production. Part ...


A View From American Courts: The Year In Indian Law 2017, Grant Christensen 2018 Seattle University School of Law

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...


Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School of Law 2018 Roger Williams University

Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran 2018 University of Michigan Law School

My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran

Articles

You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.


Southern Slavery And Antebellum Law: Modifications Suited To The State And Master Class, Steven J. Casement 2018 Le Moyne College

Southern Slavery And Antebellum Law: Modifications Suited To The State And Master Class, Steven J. Casement

#History: A Journal of Student Research

This paper deals with the complexity of the legal system in the American South during the Antebellum period. The laws put in place by the various Southern states during this era were constructed locally, and were a delicate balance of planters’ property rights, the need for slave regulation, and evangelical desire to defend their own way of life. But, the resulting outcome was the same in each case. The Southern states continuously pushed laws that reinforced the authority of the master with the help of political economists, judges, lawmakers, and of course the master class itself. Therefore, this paper emphasizes ...


Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley 2018 University of Maine School of Law

Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley

Maine Law Review

As long as the future of federal immigration policy remains unsettled and the use of ICE detainers to capture and deport suspected noncitizens remains widespread, practitioners should focus their attention on waging a frontal assault against the legality of ICE detainers on state law grounds by arguing that they constitute warrantless arrests that are prohibited by state statute. The recent Massachusetts Supreme Judicial Court decision in Lunn v. Commonwealth provides a model for how to wage such an attack—not only in states with similar common law and statutory frameworks that are unlikely to resolve the issue legislatively, like Maine ...


Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski 2018 Brooklyn Law School

Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, the New York City Council enacted the Freelance Isn’t Free Act (FIFA) to protect freelancers from non-payment. Among FIFA’s protections is the requirement that hiring parties provide a written contract to freelancers for any work exceeding $800 over a 120-day period. As the nation’s first legislation ensuring freelancers’ rights, FIFA marks a major turning point in the development of protections for the gig economy’s growing independent workforce. While its purpose is laudable and necessary, this Note argues that FIFA is currently too ambiguous. To resolve FIFA’s ambiguity, this Note recommends, at the very least ...


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