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04 Mike Grady (Early Baseball Player), Charlie Weatherby Jan 2015

04 Mike Grady (Early Baseball Player), Charlie Weatherby

History of West Chester, Pennsylvania

No abstract provided.

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Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki Jan 2015

Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki

University of Michigan Journal of Law Reform Caveat

The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …

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Disciplining The Financial Failure: An Exploration Of Bankruptcy Law As An Active Discourse In Market Capitalism, Linda E. Coco Jan 2015

Disciplining The Financial Failure: An Exploration Of Bankruptcy Law As An Active Discourse In Market Capitalism, Linda E. Coco

Faculty Scholarship

No abstract provided.

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Thinking Historically About Boston City Directories, Patricia Reeve Jan 2015

Thinking Historically About Boston City Directories, Patricia Reeve

Suffolk University Archives OERs and Assignments

This open educational resource was developed for a Suffolk University undergraduate history research methods course, “Gateway to the Past: The Historian’s Practice.” This guide to Boston City Directories describes the types of information contained in this source and ways it might be used by researchers.

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Reverse Nullification And Executive Discretion, Michael T. Morley Jan 2015

Reverse Nullification And Executive Discretion, Michael T. Morley

Faculty Scholarship

No abstract provided.

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Annual Report Town Of Ashland, New Hampshire For The Fiscal Year Ending December 31, 2014., Ashland Town Representatives Jan 2015

Annual Report Town Of Ashland, New Hampshire For The Fiscal Year Ending December 31, 2014., Ashland Town Representatives

Ashland, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

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Annual Reports For The Town And School Of Hampton Falls, New Hampshire As Compiled By The Town Officers For The Year Ending December 31, 2014, As Compiled By The School Officers For The Year Ending June 30, 2015., Hampton Falls Town Representatives Jan 2015

Annual Reports For The Town And School Of Hampton Falls, New Hampshire As Compiled By The Town Officers For The Year Ending December 31, 2014, As Compiled By The School Officers For The Year Ending June 30, 2015., Hampton Falls Town Representatives

Hampton Falls, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

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Standards Of Legitimacy In Criminal Negotiations, Wesley Macneil Oliver, Rishi Batra Jan 2015

Standards Of Legitimacy In Criminal Negotiations, Wesley Macneil Oliver, Rishi Batra

Faculty Articles

Scholarship on negotiation theory and practice is rich and well developed. Almost no work has been done, however, to translate to the criminal context the lessons learned about negotiation from extensive empirical study using the disciplines of economics, game theory, and psychology. This Article suggests that defense lawyers in criminal negotiations can employ tools frequently useful to negotiators in other arenas: neutral criteria as a standard of legitimacy. Judges sometimes exercise a type of discretion analogous to prosecutorial discretion. When they do so, they offer an independent, reasoned, and publicly available assessment of the factors that a prosecutor ought to …

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Low Income Lgbtgnc (Gender Nonconforming) Struggles Over Shelters As Public Space, Michelle Billies Jan 2015

Low Income Lgbtgnc (Gender Nonconforming) Struggles Over Shelters As Public Space, Michelle Billies

Publications and Research

As a focal point of neoliberalism in the US, New York City has been made the advance guard of both welfare reform and order maintenance policing, making the 2008 recession all the more destabilizing among low-income LGBTGNC (gender nonconforming) residents. At the same time, expanding gay rights have accompanied this neoliberal turn, defining while masking new intersectionalities of oppression, policing some raced and classed sexualities and genders while protecting others, producing an urban landscape conducive to neoliberal aims (Ferguson, 2004; Puar, 2007). In the process of attracting capital, homonormative discourses and practices have increasingly bolstered white and multicultural classprivileged gay …

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Equality Rights, Ratio Identification, And The Un/Predictable Judicial Path Not Taken: Quebec (Attorney General) V A And R V Ibanescu Jan 2015

Equality Rights, Ratio Identification, And The Un/Predictable Judicial Path Not Taken: Quebec (Attorney General) V A And R V Ibanescu

UBC Law Review

No abstract provided.

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Overcoming The Dispositionism Of Aboriginal Rights In Canada: Culture In The Mind Versus Life In The World Jan 2015

Overcoming The Dispositionism Of Aboriginal Rights In Canada: Culture In The Mind Versus Life In The World

UBC Law Review

No abstract provided.

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Social Media And The Job Market: How To Reconcile Applicant Privacy With Employer Needs, Peter B. Baumhart Jan 2015

Social Media And The Job Market: How To Reconcile Applicant Privacy With Employer Needs, Peter B. Baumhart

University of Michigan Journal of Law Reform

In the modern technological age, social media allows us to communicate vast amounts of personal information to countless people instantaneously. This information is valuable to more than just our “friends” and “followers,” however. Prospective employers can use this personal data to inform hiring decisions, thereby maximizing fit and minimizing potential liability. The question then arises, how best to acquire this information? For job applicants, the counter-question is how best to protect the privacy of their social media accounts. As these two competing desires begin to clash, it is important to find a method to mediate the conflict. Existing privacy law, …

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The Uncertainty Relations, Patrick Heelan Jan 2015

The Uncertainty Relations, Patrick Heelan

Research Resources

Patrick Aidan Heelan, The Observable: Heisenberg’s Philosophy of Quantum Mechanics. With a foreword by Michel Bitbol. Edited and with a foreword by Babette Babich. Oxford: Peter Lang, 2015.

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Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky Jan 2015

Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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John Milton, Joseph Smith, And The Book Of Mormon, Robert A. Rees Jan 2015

John Milton, Joseph Smith, And The Book Of Mormon, Robert A. Rees

BYU Studies

In my Introduction to Mormonism class at Graduate Theological Union in 2013, among other topics we discussed the Book of Mormon and its possible provenances. The assignments for the class included my article “Joseph Smith, the Book of Mormon, and the American Renaissance,” in which I compare Joseph Smith with his illustrious contemporaries Ralph Waldo Emerson, Henry David Thoreau, Nathaniel Hawthorne, Herman Melville, and Walt Whitman in terms of their respective literary imagination, talent, authorial maturity, education, cultural milieu, knowledge base, and intellectual sophistication. In that article, I attempted to demonstrate that each of these authors enjoyed a much greater …

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Full Issue Jan 2015

Full Issue

BYU Studies

No abstract provided.

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On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton Jan 2015

On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton

Faculty Publications

Regardless of whether the Supreme Court rightly upheld Oklahoma’s execution protocol in Glossip, Oklahoma officials had inadequate reason to choose midazolam as the anesthetizing agent in its procedure. Their decision is one example illustrating Seema Shah’s point that death penalty states are engaged in “poorly designed experimentation that is not based on evidence.” Shah argues that “an important factor” causing the high rate of botched executions is that lethal injection reform is a type of human subjects research that is going unregulated. Shah argues that research requirements, such as informed consent and IRB review, are necessary to render the research …

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The Groundwater Atlas Of Saunders County, Nebraska, Dana Divine Jan 2015

The Groundwater Atlas Of Saunders County, Nebraska, Dana Divine

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

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Timing Brady, Miriam H. Baer Jan 2015

Timing Brady, Miriam H. Baer

Faculty Scholarship

No abstract provided.

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Inefficient Evidence, Alex Stein Jan 2015

Inefficient Evidence, Alex Stein

Faculty Scholarship

No abstract provided.

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A Cognitive Model Fleshes Out Kahneman's Fast And Slow Systems, U. Faghihi, C. Estey, R. Mccall, S. Franklin Jan 2015

A Cognitive Model Fleshes Out Kahneman's Fast And Slow Systems, U. Faghihi, C. Estey, R. Mccall, S. Franklin

CCRG Papers

No abstract provided.

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Death By Discovery, Delay, And Disempowerment: Legal Authority For Arbitrators To Provide A Cost-Effective And Expeditious Process, Tracey B. Frisch Jan 2015

Death By Discovery, Delay, And Disempowerment: Legal Authority For Arbitrators To Provide A Cost-Effective And Expeditious Process, Tracey B. Frisch

Cardozo Journal of Conflict Resolution

Whether warranted or not, despite statistics to the contrary, arbitration in recent years has become a punching bag for criticism that it has begun to mirror the type of scorched earth discovery practices and delays seen in litigation. Why is this? Is it because parties are not actively participating in the arbitration process and instead have allowed their outside counsels to use the litigationstyle discovery and delay tactics with which counsel feel most comfortable? Maybe. Do parties themselves want protracted discovery and a drawn out arbitration process? Some, perhaps. Has arbitration become a victim of its own success, attracting more …

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The Costs And Benefits Of Regulatory Intervention In Internet Disputes: Lessons From Broadcast Signal Retransmission Consent Negotiations, Rob Frieden Jan 2015

The Costs And Benefits Of Regulatory Intervention In Internet Disputes: Lessons From Broadcast Signal Retransmission Consent Negotiations, Rob Frieden

UC Law SF Communications and Entertainment Journal

The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content commonly called Internet Protocol Television ("IPTV"). While many consumers have become indifferent about their wire line or wireless service provider, they expect their video service providers to offer access anytime, anywhere, via any device, and in any format. These early adopters of new technologies have no patience with the concept of "appointment television" that limits access to a specific time, presentation, and channel. My article offers a clear assessment of whether and how the FCC can resolve disputes that can prevent …

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Richard Sherman, Rhetoric, And Racial Animus In The Rebirth Of The Bogeyman Myth, Nick J. Sciullo Jan 2015

Richard Sherman, Rhetoric, And Racial Animus In The Rebirth Of The Bogeyman Myth, Nick J. Sciullo

UC Law SF Communications and Entertainment Journal

After the Seattle Seahawks won the NFC Championship game, the postgame interview of Richard Sherman, a defensive back for the Seahawks, became subject to racialized discourse in the media. This article draws upon important concepts of black danger, blackness and the media, and racial animus to explain how media pundits and online commentaries about the interview have created a modem-day version of the bogeyman. In so doing, the article theorizes a new logic to racial animus-the myth of the bogeyman-to expound on the confluence of race, law, and sports. This new approach will help to explain covert racism in the …

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Recovery Of Nazi-Related Art: Legal Aspects Under German And U.S. Law Exemplified By The Gurlitt Case, Michael Rebholz Jan 2015

Recovery Of Nazi-Related Art: Legal Aspects Under German And U.S. Law Exemplified By The Gurlitt Case, Michael Rebholz

UC Law SF Communications and Entertainment Journal

Since November 3, 2013, a case regarding Nazi-looted art-known as the Gurlitt casehas garnered the attention of the media and the art industry in both Germany and the United States. This case arose from German authority's confiscation of approximately 1500 pieces of valuable art found in Cornelius Gurlitt's apartments in Germany and Austria. He claimed that he was the legal owner of the artworks that people believed to have been destroyed during World War It. This article first answers the question of how this case would be resolved under German law by focusing primarily on the question of whether Cornelius …

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Transformative Use And The Right Of Publicity: A Relationship Ready For Revision, Justin L. Rand Jan 2015

Transformative Use And The Right Of Publicity: A Relationship Ready For Revision, Justin L. Rand

UC Law SF Communications and Entertainment Journal

The only consistency in right of publicity jurisprudence has been inconsistency. The right can be defined as the ability to control the commercial use of one's identity, and its scope has varied from state to state and era to era. While aspects of the right of publicity partially overlap with copyright and trademark, its historical origins and underlying policy justifications are distinct. Indeed, understanding the unique position of the right has become increasingly important in the digital revolution, where celebrities are vigorously fighting to protect their identities from outside, commercial exploitation. Yet, in their efforts to monetize their names, images, …

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Access To Information About Lethal Injections: A First Amendment Theory Perspective On Creating A New Constitutional Right, Clay Calvert, Emma Morehart, Kéran Billaud, Kevin Bruckenstein Jan 2015

Access To Information About Lethal Injections: A First Amendment Theory Perspective On Creating A New Constitutional Right, Clay Calvert, Emma Morehart, Kéran Billaud, Kevin Bruckenstein

UC Law SF Communications and Entertainment Journal

This article examines, through the lens of First Amendment theory, current judicial debate regarding the access rights of inmates and the public to detailed facts about lethal- injection drugs, personnel, and procedures. The article uses several 2014 appellate court disputes as analytical springboards, including the U.S. Court of Appeals for the Ninth Circuit’s groundbreaking decision in Wood v. Ryan. The article argues that the First Amendment doctrine developed by the U.S. Supreme Court in Press-Enterprise II too narrowly cabins and confines access rights in lethal-injection data cases. In contrast, three venerable theories of free expression–the marketplace of ideas, democratic self-governance, …

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Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen Jan 2015

Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen

UC Law SF Communications and Entertainment Journal

One heavily and contentiously argued clause in Chinese Copyright Law amendment drafts focuses on the practicality of granting authors of audiovisual works the legal right to collect subsequent remunerations (“SRR”) when their works are reused in subsequent exploitations. With the rapid increase of social media channels for the Chinese movie industry, and other entertainment industries relying on a heavy usage of audiovisual work, authors demand that they should be entitled to the profit earned from derivative markets and other media channels beyond the first intended market. In order to balance the conflicting interest between the author and the producer, and …

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Why Should We Care What Fitbit Shares?: A Proposed Statutory Solution To Protect Sensitive Personal Fitness Information, Michelle M. Christovich Jan 2015

Why Should We Care What Fitbit Shares?: A Proposed Statutory Solution To Protect Sensitive Personal Fitness Information, Michelle M. Christovich

UC Law SF Communications and Entertainment Journal

This note examines the privacy implications of fitness trackers, devices such as Fitbit, which measure users’ movements, fitness habits, and overall health in granular detail. This note explores the privacy dangers of using fitness trackers generally and in the specific context of the workplace and Big Data. This note also draws parallels between the personal health information protected by the Health Information Portability and Accountability Act (“HIPAA”) and the personal fitness information collected by fitness trackers. This note argues that a statutory scheme, modeled after HIPAA, should be established in order to protect the sensitive personal fitness information gathered by …

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100 Most Cited Articles In Urban Green And Open Spaces: A Bibliometric Analysis, M. Rakhshandehroo, M.J.M. Yusof, N. Ale Ebrahim, A. Sharghi, R. Arabi Jan 2015

100 Most Cited Articles In Urban Green And Open Spaces: A Bibliometric Analysis, M. Rakhshandehroo, M.J.M. Yusof, N. Ale Ebrahim, A. Sharghi, R. Arabi

Research Publications (2011 to 2015)

Researchers have contributed significantly to the development of the subject of urban green and open spaces (UGOS) in both practical and fundamental aspects. As the number of citations indicates a paper and author's competency, the online web of science (ISI) was browsed to identify the 100 most cited papers in the field of UGOS from 1980 to 2013. Papers were analyzed for authorship, journal sources, publishers, institutions, countries, year of publication, categories, and author keywords. The total number of citations was compared to the average number of citations per year. From 1105 UGOS papers returned, the maximum number of citations …

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