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The Unavailability Of Religious Arguments, Omri Ben-Zvi Feb 2019

The Unavailability Of Religious Arguments, Omri Ben-Zvi

Idaho Law Review

Religious arguments, i.e. normative arguments that rely on premises regarding God's commands, routinely figure in legal and public debates. For example, they recently played a public role in the debate on same-sex marriage that ensued after the Supreme Court's decision in Obergefell v. Hodges. However, philosophers are bitterly divided on the question of whether such arguments are permissible in a liberal democracy. In this Article, I offer a novel rationale for excluding several prominent sub-groups of religious arguments from the public sphere, including from legal argumentation. While most philosophers address this issue as a question of political philosophy, I develop …


Where There’S A Will There’S A Way. Or Is There?: Transition Tools Farm Operations Should Consider First Before Opting To Write A Will, Kelly Nuckolls Feb 2019

Where There’S A Will There’S A Way. Or Is There?: Transition Tools Farm Operations Should Consider First Before Opting To Write A Will, Kelly Nuckolls

Idaho Law Review

No abstract provided.


Teenage Sexting Statutes: A Critical Examination Of Idaho Code 18-1507a And An Argument Against The Criminalization Of Consensually Shared Sexts, Kacey Jones Feb 2019

Teenage Sexting Statutes: A Critical Examination Of Idaho Code 18-1507a And An Argument Against The Criminalization Of Consensually Shared Sexts, Kacey Jones

Idaho Law Review

Child pornography statutes were enacted to target and prohibit adult exploitation of children. However, these laws came before the advent of smart phones, social media, and before sexting. Nowadays, teens are taking sexually explicit pictures of themselves and sending them to other teens. The problem? Their auto-pornography falls into the definition of child pornography and teens can and are being prosecuted for the creation, possession, and distribution, leading to felony convictions and sex-offender registration. In response to this, many states have enacted specific legislation to address teenage sexting and remove it from falling under the child pornography umbrella. In 2016, …


Comment: Is The Shelter A Sham? An Analysis Of The Treatment Of Foreign Taxes In The Economic Substance Doctrine’S Pre-Tax Profit Test, Brady Espeland Feb 2019

Comment: Is The Shelter A Sham? An Analysis Of The Treatment Of Foreign Taxes In The Economic Substance Doctrine’S Pre-Tax Profit Test, Brady Espeland

Idaho Law Review

The United States taxes all income earned by a taxpayer, regardless of its source. To prevent double taxation of income and to encourage international trade, Congress created the “Foreign Tax Credit,” which allows a taxpayer to take a credit for any tax paid to another country on income earned abroad. This Comment discusses how the courts should apply the “pre-tax profit” test of the economic substance doctrine to challenge transactions where the taxpayer would incur a loss after paying foreign taxes, but a gain after applying the foreign tax credit. The Internal Revenue Service (IRS) has challenged these transactions, arguing …


A Model For Tort Liability In A World Of Driverless Cars: Establishing A Framework For The Upcoming Technology, Antonio Davola Feb 2019

A Model For Tort Liability In A World Of Driverless Cars: Establishing A Framework For The Upcoming Technology, Antonio Davola

Idaho Law Review

No abstract provided.


The American Injustice System: The Inherent Conflict Of Interest In Police-Prosecutor Relationships & How Immunity Lets Them 'Get Away With Murder', Alexandra Hodson Feb 2019

The American Injustice System: The Inherent Conflict Of Interest In Police-Prosecutor Relationships & How Immunity Lets Them 'Get Away With Murder', Alexandra Hodson

Idaho Law Review

There is an inherent conflict of interest in the American justice system arising out of the intimate police-prosecutor relationship that has evolved in the United States over the last forty years. While police and prosecutors formerly operated as independent units, a concerted effort to join forces has resulted in close working relationships. These relationships have increasingly led law enforcement to employ perjury and unethical tactics to obtain unjust convictions against criminal defendants. In addition, they have allowed law enforcement to commit atrocious acts without fear of punishment. And, because police and prosecutors enjoy immunity under 42 U.S.C. § 1983 for …


What The #Metoo Campaign Teaches About Stop And Frisk, Josephine Ross Feb 2019

What The #Metoo Campaign Teaches About Stop And Frisk, Josephine Ross

Idaho Law Review

No abstract provided.


Terry V. Ohio: Its Failure, Immoral Progeny, And Racial Profiling, Russell L. Jones Feb 2019

Terry V. Ohio: Its Failure, Immoral Progeny, And Racial Profiling, Russell L. Jones

Idaho Law Review

No abstract provided.


Reasonably Radical: Terry's Attack On Race-Based Policing, Eric J. Miller Feb 2019

Reasonably Radical: Terry's Attack On Race-Based Policing, Eric J. Miller

Idaho Law Review

No abstract provided.


Terry, Handguns, And The Hand Formula: Some Preliminary Thoughts, Shawn E. Fields Feb 2019

Terry, Handguns, And The Hand Formula: Some Preliminary Thoughts, Shawn E. Fields

Idaho Law Review

No abstract provided.


Erasing Presence Through Reasonable Suspicion: Terry And Its Progeny As A Vehicle For State Immigration Enforcement, Naomi Doraisamy Feb 2019

Erasing Presence Through Reasonable Suspicion: Terry And Its Progeny As A Vehicle For State Immigration Enforcement, Naomi Doraisamy

Idaho Law Review

This Article examines the long shadow cast on local policing by Terry v. Ohio, tracing the impact of Terry’s progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry’s progeny have an unmistakable presence-deterring effect on communities of color—so painfully illustrated in New York City during the siege-like “stop-and-frisk” program—and have provided the foundation on which states like Texas and Arizona can build statutory schemes to achieve “attrition through enforcement.” This Article unpacks how the broad police power afforded by Terry and its progeny meets legislative provisions authorizing or mandating immigration inquiry at the lowest …


Danger At The Intersection Of Second And Fourth, J. Richard Broughton Feb 2019

Danger At The Intersection Of Second And Fourth, J. Richard Broughton

Idaho Law Review

No abstract provided.


Conditioning Exercise Of Firearms Rights On Unlimited Terry Stops, Royce De R. Barondes Feb 2019

Conditioning Exercise Of Firearms Rights On Unlimited Terry Stops, Royce De R. Barondes

Idaho Law Review

No abstract provided.


Transcript Of Keynote Speech, Erwin Chemerinsky Feb 2019

Transcript Of Keynote Speech, Erwin Chemerinsky

Idaho Law Review

No abstract provided.


Symposium Introduction: Terry V. Ohio At 50: The Past, Present, & Future Of Stop And Frisk, Katherine A. Macfarlane Feb 2019

Symposium Introduction: Terry V. Ohio At 50: The Past, Present, & Future Of Stop And Frisk, Katherine A. Macfarlane

Idaho Law Review

No abstract provided.


Why Ask Why?, Beth Kraemer, Beth Fuchs, Jennifer Hootman, Debbie Sharp Feb 2019

Why Ask Why?, Beth Kraemer, Beth Fuchs, Jennifer Hootman, Debbie Sharp

Greater Faculties: A Review of Teaching and Learning

No abstract provided.


The Future Of The History Of Design, Patrick Lucas, Helen Turner, Trey Conatser Feb 2019

The Future Of The History Of Design, Patrick Lucas, Helen Turner, Trey Conatser

Greater Faculties: A Review of Teaching and Learning

No abstract provided.


Teaching Stem For The Public Good, Rita Basuray Feb 2019

Teaching Stem For The Public Good, Rita Basuray

Greater Faculties: A Review of Teaching and Learning

No abstract provided.


The Limits Of Pedagogy, Kelsey Moore Feb 2019

The Limits Of Pedagogy, Kelsey Moore

Greater Faculties: A Review of Teaching and Learning

No abstract provided.


On Rapport: Connecting With Students, Brandi Frisby Feb 2019

On Rapport: Connecting With Students, Brandi Frisby

Greater Faculties: A Review of Teaching and Learning

No abstract provided.


Ten First Years, Jennifer Osterhage Feb 2019

Ten First Years, Jennifer Osterhage

Greater Faculties: A Review of Teaching and Learning

No abstract provided.


Front Matter Feb 2019

Front Matter

Greater Faculties: A Review of Teaching and Learning

No abstract provided.


From Research Aesthetics To Habits Of Mind: Student Publishing As A Core Competency, Bebe S. Chang Feb 2019

From Research Aesthetics To Habits Of Mind: Student Publishing As A Core Competency, Bebe S. Chang

Staff Presentations, Proceedings, Lectures, and Symposia

Student open access publishing offers a useful avenue for academic information literacy in preparation for real-world experiences. Worthwhile drivers of connected learning, digital research and institutional repositories are practical ecosystems for conveying the complexities of the economics and ethics of information creation, access, and use. Drawing on essential concepts, NSUWorks exemplifies a dynamic tool for learners’ engagement with the research lifecycle and for fostering dispositions of critical thinking, reading, and composing for success and professional development.


Harnessing The Institutional Repository, Gena Meroth, Jaime Goldman, Keri Baker Feb 2019

Harnessing The Institutional Repository, Gena Meroth, Jaime Goldman, Keri Baker

Staff Presentations, Proceedings, Lectures, and Symposia

From data-mining to dissemination, NSUWorks, the institutional repository of Nova Southeastern University, supports the teaching efforts, curriculum goals, and publishing workflow for faculty and students of NSU. The staff of the Alvin Sherman Library and the Halmos College of Natural Sciences and Oceanographic Campus Library would like to highlight how NSUWorks can innovatively bridge between a classroom teaching tool and publishing software, meeting the needs of both faculty and students of the university.


Open Educational Resource (Oer) Adoption In Higher Education: Examining Institutional Perspectives, Rebekah E. Wright Edd, Jaime M. Goldman, Jennifer L. Reeves Phd Feb 2019

Open Educational Resource (Oer) Adoption In Higher Education: Examining Institutional Perspectives, Rebekah E. Wright Edd, Jaime M. Goldman, Jennifer L. Reeves Phd

Staff Presentations, Proceedings, Lectures, and Symposia

This presentation focuses on institutional stakeholders’ perspectives of OER adoption and integration at a state college in east Florida. This session will provide recommendations for an institutional adoption of OERs at Nova Southeastern University and demonstrate how NSU’s librarians and library resources can be leveraged to ensure a successful OER implementation. This session will also discuss the ways in which librarian advocacy helps in the OER adoption process and how building relationships with librarians may help drive a wide-scale OER implementation.


February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz Feb 2019

February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz

Hallowed Secularism

Blog post, “John Yoo, War Criminal“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Mount Taylor Winter Quadrathlon, University Of New Mexico Prevention Research Center Feb 2019

Mount Taylor Winter Quadrathlon, University Of New Mexico Prevention Research Center

Events

The Mount Taylor Quad is a grueling winter quadrathlon.


Madelyn Austin, Oboe; Gabrielle Sanft, Flute: Junior Recital, Madelyn Austin, Gabrielle Sanft Feb 2019

Madelyn Austin, Oboe; Gabrielle Sanft, Flute: Junior Recital, Madelyn Austin, Gabrielle Sanft

Setnor School of Music - Performance Programs

No abstract provided.


Can You Float? Part 2 - Perceptions And Practice Of Lifejacket Use Among Young Adults, Kevin Moran Ph.D. Feb 2019

Can You Float? Part 2 - Perceptions And Practice Of Lifejacket Use Among Young Adults, Kevin Moran Ph.D.

International Journal of Aquatic Research and Education

Personal flotation devices (PFDs), commonly referred to as lifejackets, have been identified as an extremely effective form of drowning prevention and was identified as a critical distinct water competency by Stallman and colleagues (2017). In this second phase of the Can You Float? study, perceptions and practice of a range of lifejacket tasks among students (N = 40) with known water proficiency were examined. Participants estimated exertion levels before and after practical testing of six simulated survival tasks when wearing lifejackets. All participants completed a 25m sprint swim, 5-minute endurance swim, 5-minute float, and 25m partner assist but many …


Alumni News | Gov Dewine Appoints Carey As Appalachia Office Director, Ohio University College Of Arts & Sciences Feb 2019

Alumni News | Gov Dewine Appoints Carey As Appalachia Office Director, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.