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The Fifth Circuit In Texas V. United States Chose And Advocated The Term “Illegal Alien”, Maritza I. Reyes

Journal Publications

No abstract provided.

Wrongful Confictions And Due Process Violations, Cheryl Page

Journal Publications

This analytical essay looks at the myriad of ways innocent people are wrongfully convicted and how the criminal justice system fails to truly reach a fair and equitable result. The article looks at how at the initial stages of a criminal proceeding, a defendant can be prejudiced to the point of sufficient harm to his chances at being given a fair and impartial judicial proceeding. This article examines how fatal mistakes can be made and reveals that there can be flaws in the science of DNA testing, including fraud, criminologist bias, improper laboratory procedures, and human error. This article seeks …

Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen

Journal Publications

The 2012 United States Supreme Court case Arkansas Game & Fish Commission v. United States presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam's pattern of releases. The Court held that, "government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection" and must, instead, be tested according to the Court's usual precedents governing temporary physical invasions and regulatory takings. The Federal Circuit held a …

A Primer On Higher Education In The 21st Century: The University As A Whole And Contributions Made By Law Schools, Ronald Griffin

Journal Publications

Citizens live within their unit's belief systems and superstitions. Truth is derived from family narratives, stories spun by old friends, outbursts from neighbours, barbers, religious figures, and priests. Certainty and comfort come from living in these spaces. But there is a wider world out there with characters doing things that conflict with routine. Higher education illuminates this realm. Legal education predicts what authorities will do about their antics and, while this is a laudable undertaking in the abstract, legal education should do more. It should arm the next generation with tools to cope with cultural ruptures, social confusion, dislocations, avatars, …

African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt

Journal Publications

This Article reconsiders the prevalent ahistorical assumption that international law began with the Treaty of Westphalia. It gathers together considerable historical evidence to conclude that the ancient world, particularly the New Kingdom period in Egypt or Kemet from 1570-1070 BCE, deployed all three of what today we would call sources of international law. African states predating the modern European nation state by nearly 6000 years engaged in treaty relations (the Treaty of Kadesh), and applied rules of custom (the MA 'AT) and general principles of law (as enumerated in the Egyptian Bill of Rights). While Egyptologists and a few international …

E-Museletter: January 2015, Suzanne Corriell

Museletter

This Issue:

Law Library Alerts: Library Opening Earlier

Additional Cameras Installed in the Law Library

Spring 2015 Regular Library Hours

Saying Farewell to Familiar Faces and Welcome to Some New Ones!

E-Resource of the Month: Making of Modern Law

VPN Setup

Richmond Law Magazine: Winter 2015

Richmond Law Magazine

Features:

Traces of Ourselves

A Librarian and His Muse

The Long Game

Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber

Richmond Journal of Law & Technology

Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”

State Of Utah V Arthur Jacob Rackham :Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the Second Judicial District Court, weber County, Honorable Noel S. Hyde, District Court No. 111902819

State Of Utah, Plaintiff/Appellee, V. James Raphael Sanchez, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for murder, a first degree felony, and obstructing justice, a second degree felony, in the Third Judicial District, Salt Lake County, the Honorable Denise P. Lindberg presiding

Original Meaning And The Precedent Fallback, Randy J. Kozel

Vanderbilt Law Review

There is longstanding tension between originalism and judicial precedent. With its resolute focus on deciphering the enacted Constitution, the originalist methodology raises questions about whether judges can legitimately defer to their own pronouncements. Numerous scholars have responded by debating whether and when the Constitution's original meaning should yield to contrary precedent. This Article considers the role of judicial precedent not when it conflicts with the Constitution's original meaning but rather when the consultation of text and historical evidence is insufficient to resolve a case. In those situations, deference to precedent can serve as a fallback rule of constitutional adjudication. The …

Baptizing O'Brien: Towards Intermediate Protection Of Religiously Motivated Expressive Conduct, Daniel J. Hay

Vanderbilt Law Review

Despite the relative prominence of religious expression in society' and its elevated status in constitutional law, the Supreme Court has struggled to articulate a consistent standard of review for neutral, generally applicable laws that indirectly burden religious expression. Since the late nineteenth century, the Court has vacillated between a highly deferential belief-action dichotomy and a more searching (albeit selectively applied) compelling interest test. Currently, the Court embraces a hybrid categorical-rational basis standard that relies in part upon a highly criticized assumption that the political process will be solicitous of minority religious practice. This retreat to rational basis has subordinated religious …

Costly Distribution And The Non-Equivalence Of Tariffs And Quotas, James Lake, Maia K. Linask

Economics Faculty Publications

When governments impose a quota or tariff on imports, it is well known that the resulting rents and revenues trigger costly rent-seeking and revenue-seeking activities, which are welfare-reducing and may be economically more significant than the efficiency losses resulting from the protectionist-induced resource misallocation. Repeated interaction among firms can eliminate wasteful rent- and revenue-seeking expenditures through cooperation. We show that while aggregate outcomes are equivalent under tariffs and quotas if cooperation arises, the conditions under which cooperation arises differ by policy. This difference arises because a firm must incur additional cost to physically import and distribute the goods associated with …

Picturing The Flames Of Daimonji, Clark Lunberry

English Faculty Research and Scholarship

Essays and photographs on the fiery calligraphy of Kyoto’s mountainside Daimonji festival.

A Role For Kv7 Channels In Alcohol Consumption: Genetics, Pharmacology, And Neuroadaptations, Natalie Maurisa Straight-Mcguier

MUSC Theses and Dissertations

Alcohol use disorder (AUD) is a major public health issue that produces enormous societal and economic burdens. Current FDA-approved pharmacotherapies for treating AUD suffer from deleterious side effects and are only effective in a subset of individuals, representing a need for improved medications for the management of AUD. The experiments described in this dissertation provide evidence for a complex relationship between Kv7 channels and alcohol-related behaviors that spans genetics, behavioral pharmacology, and biochemical adaptations suggesting these channels are a target for treating AUD. We first examined the genetic relationship between Kcnq genes and alcohol-related behaviors, showing that these channels contribute …

What’S Political About Solar Electric Technology? The User’S Perspective, Chelsea Schelly

Department of Social Sciences Publications

Scholars in science and technology studies have debated the various ways in which technologies are (or are not) political. Here, I examine how users themselves understand and articulate the politics of a specific technology—residential solar electric technology—and how understandings of politics interact with motivations to adopt. Based on interviews with 48 individuals in 36 households across the state of Wisconsin who have adopted residential solar electric technology, I consider the user’s perspective on the question: “What’s political about residential solar electric technology use?” These users were asked about the politics of this technology and how their understanding of the technology’s …

Conceived In Liberty: Abraham Lincoln And The Emancipation Proclamation, Patrick Jones

Vulcan Historical Review

pp. 47-57

From Total War To Total Annihilation, Katherine Dover

Vulcan Historical Review

pp. 63-77

Taking Teaching And Learning Seriously: A Tribute To Professor Susan Martyn, Irma S. Russell

Faculty Works

Professor Susan Martyn is an inspiring and dedicated teacher. She inspires me by her teaching, her work with students in the classroom, as well as with lawyers in continuing legal education programs, and her writing for scholars and the public. The invitation to write in a law review edition honoring this amazing professor and scholar provided the opportunity to contemplate a topic that is central to my life and the lives of most who teach: What is good teaching, and how do we increase good teaching and good learning in legal education today? We are in a time of stunning …

The Separation-Of-Powers And The Least Dangerous Branch, Edward Cantu

Faculty Works

A snapshot of controversies currently surrounding the President highlights a sobering, even if acceptable, reality: we live in an age of extremely amplified president power. From the executive use of military force with little or no congressional approval, to the use of executive orders to effectively make federal policy without congressional involvement, virtually all of these controversies have a common source: the Court’s relegation of enforcement of the separation-of-powers to the political process.

This Article provides an account of this relegation. It argues that all of the Court’s separation-of-powers decisions — even those seeming to strictly enforce the boundaries of …

Traumatic Brain Injury And The Law: Introduction, Sean O'Brien, Kenneth D. Ferguson

Faculty Works

Introduction to UMKC Law Review symposium issue focusing on the intersection of traumatic brain injuries (TBI) and the law.

Children's Interests: An Annotated Bibliography, 2013-2015, Nancy Levit

Faculty Works

No abstract provided.

The Critical Role Of Patents In The Development, Commercialization And Utilization Of Innovative Genetic Diagnostic Test And Personalized Medicine, Christopher M. Holman

Faculty Works

Arguments in favor of reining in the availability of effective patent protection in the area of genetic diagnostic testing are based largely on two fundamental misconceptions regarding the role of patents in this important area of technological innovation. The first is the mistaken assumption that patents negatively impact patient access to genetic diagnostic testing by preventing research that might lead to new or improved versions of a genetic test and by increasing the cost of testing services. The second is the failure to appreciate the substantial positive role patents play in in the development and utilization of genetic diagnostic tests. …

On Wings Of Hope, Volume 19, No. 1, 2015, Phadp, Esther Brown, Jeff Rieber, Dantes, Castro, Marcus Williams, Derek Horton, Anthony Boyd

On Wings of Hope

January–March 2015 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

On Wings Of Hope, Volume 19, No. 2, 2015, Phadp, Esther Brown, Anthony Boyd, Internal Exiler 33, Marcus Williams, Randy Lewis

On Wings of Hope

January–March 2015 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine

Scholarly Works

This article aims to explore the notion of the lawyer’s ethical responsibility to go “beyond” the letter of the law and to comply with the “spirit” or “purpose” of the law. The article suggests that, notwithstanding its promotion of admirable principles and goals, a spirit of the law model may prove inconsistent with basic legal and ethical obligations of lawyers. The lawyer’s duties as fiduciary, as agent, and as zealous advocate, responsible for representing the best interests of the client, preclude the lawyer from focusing on the spirit and purpose of the law rather than on the aims of the …

Blackness As Character Evidence, Mikah K. Thompson

Faculty Works

Federal Rule of Evidence 404 severely limits the government's ability to offer evidence of a defendant's character trait of violence to prove action in conformity with that trait on the occasion in question. The Rule states that such character evidence is generally inadmissible when offered to prove propensity. The Rule also allows the government to offer evidence of an alleged victim's character for peacefulness in homicide cases where the defendant asserts the self-defense privilege. Although criminal defendants may offer character evidence under limited circumstances, Rule 404 creates a significant disincentive for doing so. Where a defendant offers evidence of an …

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

Implied Assertions In Evidence Law: A Retrospective, Christopher G. Miller

MC Law Review

No abstract provided.

You've Been Generally Warned - Smoking Is Bad: R. J. Reynolds Tobacco Co. V. Food And Drug Administration And The Fight Over Graphic Warning Images In The First Amendment Context, J. D. Cooley

MC Law Review

Notes