Law Commons^™

Special Topics In Preventing And Responding To Prison Rape: Medical And Mental Healthcare, Community Corrections Settings And Oversight, Brenda V. Smith, Theodis Beck, Michele Deitch

Presentations

Hearing transcripts regarding medical and mental health care, community corrections, and oversight related to the prevention of and response to inmate sexual assault. Points of entry are: full transcript; opening remarks; personal accounts; response and treatment—caring for sexual assault victims in correctional and detention facilities; confidentiality and reporting—medical ethics, victim safety, and facility security; sexual violence and community corrections—the special considerations of community-based settings; and best practices and emerging trends—the community corrections field’s response to the Prison Rape Elimination Act. This article contains testimony specifically about the State of North Carolina.

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.

Pro-Gun Scholars Twist Constitution, Kenneth Lasson

All Faculty Scholarship

Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.

E-Commenting: Pros And Cons, Leslie Rose

Publications

No abstract provided.

A Limited Defense Of Clinical Placebo Deception, Adam Kolber

Faculty Scholarship

No abstract provided.

Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Tax Shelters And The Code: Navigating Between Text And Internet, Steven A. Dean, Lawrence M. Solan

Faculty Scholarship

No abstract provided.

An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, Jason J. Czarnezki, William K. Ford, Lori A. Ringhand

Scholarly Works

The interpretive or judicial philosophies of Supreme Court Justices can be thought of as “packages of beliefs” about how to interpret the law, packages that go by names like formalism, originalism, and textualism. Given the reasonable assumption that a judge's judicial philosophy could matter for how he or she will decide cases, the judicial philosophy of a nominee to the Supreme Court is of great interest to members of the Senate who vote on a nominee's confirmation. Figuring out a nominee's judicial philosophy is, consequently, one purpose of the confirmation hearings in the Senate, and Senators often claim to base …

The Once And Future New York Stock Exchange: The Regulation Of Global Exchanges, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

An Update On Small Businesses, California Research Bureau, Rosa Maria Moller

California Agencies

This paper responds to a request of Assemblyman (then Senator) Richard Alarcon to the California Research Bureau for an overview of issues related to small businesses in California, including recent data on the number of firms, employment, employment growth, and financial conditions within this sector.

Notification Of Data Security Breaches, Edward J. Janger, Paul M. Schwartz

Faculty Scholarship

No abstract provided.

Preserving A Special Collection - Ten Things You Can Do When You're On Your Own, Stacy Etheredge

Articles

No abstract provided.

The Calamitous Law Of Notes, Neil B. Cohen

Faculty Scholarship

No abstract provided.

A Liberal Challenge To Behavioral Economics: The Case Of Probability, Alex Stein

Faculty Scholarship

No abstract provided.

Promoting Cooperative Parenting: Programs And Prospects, Marsha Garrison

Faculty Scholarship

No abstract provided.

The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs

Faculty Scholarship

In this Article, the Author explores two unexpected consequences of joining science and law at the hip, and considers whether these consequences represent reciprocal contamination, or instead cross-fertilization, of law and science. In Part I of this Article, the Author provides a brief review of the evolution of legal standards for the admissibility of what is termed "scientific evidence," including Frye and Daubert and their progeny. In Part II of the Article, the Author gives a (necessarily limited) overview of certain modern scientific paradigms of reliability and he explores the realities of peer reviews and of other institutions in science …

A Social Defense Of Sarbanes-Oxley, James A. Fanto

Faculty Scholarship

No abstract provided.

Universal Proceduralism, Edward J. Janger

Faculty Scholarship

No abstract provided.

Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina Mulligan

Faculty Scholarship

No abstract provided.

Marrying Diversity And Independence In The Boardroom: Just How Far Have You Come, Baby?, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

Marketing Law Libraries: Strategies And Techniques In The Digital Age, Kristin Cheney

Faculty Articles

Marketing is no longer a sporadic activity undertaken on an ad hoc basis, but rather has become an integral component of every library’s day-to-day operations. This article provides an overview of basic marketing principles and then examines effective marketing strategies and promotional techniques in an academic environment. While viewed within the context of the law school setting, a majority of the marketing activities discussed are equally applicable in other types of law libraries.

Using An Online Auction To Sell Article 9 Collateral, Michael Korybut

All Faculty Scholarship

This short article discusses selected issues under Article 9 of the Uniform Commercial Code with respect to a secured party using an online auction like eBay to sell repossessed collateral. In particular, the article analyzes certain potential limitations imposed by Article 9's commercial reasonableness standard and its notice of sale requirement.

Destructive Ambiguity: Enemy Nationals And The Legal Enabling Of Ethnic Conflict In The Middle East, Michael Kagan

Scholarly Works

In the course of the Middle East conflict since 1948, both the Arab states and Israel have tended to take harsh measures against civilians based on their national, ethnic, and religious origins. This practice has been partially legitimized by a norm in international law that permits states to infringe the liberty and property interests of enemy nationals during armed conflict. Middle Eastern governments have misused the logic behind this theoretically exceptional rule to justify far-reaching measures that undermine the “principle of distinction” between civilians and combatants and erode the principle of non-discrimination that lies at the center of human rights …

The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley

Scholarly Works

Beginning in January 1999 and continuing through January 2000, a U.S. soldier began frequenting an off-post Internet cafe in Darmstadt, Germany, called the Netzwork Café. There he would download images of child pornography and search Internet websites, logging onto Internet chat rooms in order to communicate with individuals willing to send him images of naked children and children engaged in sex acts.

Specialist Martinelli was eventually caught and charged with various violations of 18 U.S.C. § 2252A for knowingly mailing, transporting or shipping child pornography in interstate or foreign commerce (by computer); knowingly receiving child pornography that had been mailed, …

The Immigrant Rights Marches (Las Marchas): Did The “Gigante” (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos

Scholarly Works

This article documents the genesis of the March 2006 immigrant rights protests and analyzes their impact. Las Marchas were truly spontaneous grassroots protests, the largest massive civil rights mobilization effort for a single event in the United States to date. This paper provides a macro- and micro-analysis of the forces that account for this success. First, the catalyst, HR 4437, a bill that was successfully approved by the House of Representatives would have criminalized illegal presence. This law was perceived as unjust, and engendered a debate around immigrant rights debate in terms with universal and simple appeal, human dignity, the …

Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos

Scholarly Works

This foreword is an introduction to the LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage symposium, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of inequality, the market forces of globalization, and the cultural hostility towards outsider groups been more relevant.

Backlash against immigrants, particularly Latina/o “illegals,” is on the rise. This Introduction seeks to outline the challenges that the current immigration quandary …

Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows

Scholarly Works

2006 Uniform Commercial Code Survey: Sales

Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay

Scholarly Works

Panel discussion among law faculty who teach contracts of 2007 book authored by Victor Goldberg, which suggests that an economic approach to contract interpretation is appropriate.

Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush

Scholarly Works

This brief essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent socio-cultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, …

The State Secrets Problem: Can Congress Fix It?, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.