Law Commons^™

Garnett On The Constitutionality Of Legislative Prayer (Audio), Richard W. Garnett

Richard W Garnett

Bloomberg Law Podcast Host June Grasso examines the major legal issues affecting business. Professor Richard Garnett of Notre Dame Law School discusses an upcoming Supreme Court case on whether prayer at the start of town meetings violates the Establishment Clause of the First Amendment to the U.S. Constitution. He talks with June Grasso on Bloomberg Radio's "Bloomberg Law."

Do.Ne, Or What To Do When Your Favorite Web Service Shuts Down, Debbie Ginsberg

Presentations

Presentation for Chicago Association of Law Libraries Ignite Sessions, 2013

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Gideon's Promise And Peril, Alexandra Natapoff

Alexandra Natapoff

“ Cessation Of Life Is Inevitable “ Prolonging At What Cost ? Living Will ", Anil Jain Dr Anil Jain

ANIL JAIN DR ANIL JAIN

ABSTRACT Introduction “ CESSATION OF LIFE IS INEVITABLE “ ........... PROLONGING AT WHAT COST ? " LIVING WILL " Many thousands of patients are kept alive in comatose and permanently vegetative states. Have we ever considered the sufferings and pain of the patient who is not able to speak and the cost burden to their families & government . Nearly 80% of all deaths are unnecessarily prolonged, painful, expensive, and emotionally burdensome to both patients and their families . In underdeveloped countries where health care is not a part of Government system, patients and their families pay from their pocket …

Welcome To The Amazon: Leading Online Retail From Local Tax Avoidance Into Your Backyard, Sherry Tehrani

Sherry Tehrani

Online sales in the United States have increased by over 250 percent in the last ten years, reaching over 250 billion dollars in 2012.[1] Spearheaded by Amazon.com, Inc. (“Amazon”), online retailers have fed off their competitive advantage of avoiding local sales tax, and have grown to capture roughly 7 percent of the retail market.[2] The juxtaposition of this upsurge of untaxed online sales and our nationwide recession has prompted state governments with crushing deficits to take on the tax loophole.

Local governments across the U.S. have passed legislation to enforce online sales tax collection, referred to as “Amazon …

North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo

Faculty Publications By Year

No abstract provided.

Anglo-American Comparison Of Employers Liability For Discrimination In Employment Based On Weightism, Sam Middlemiss

Sam Middlemiss

Discrimination that is motivated by someone’s size or weight is known as weightism, fattism, and obesity or weight-based discrimination. The term weightism is most commonly used in the United States [1]and in this writer’s view is the best term to describe this form of discrimination. This article will involve analysis and comparison of the research into weightism and the legal rules that cover it in the United Kingdom and the United States. Weightism is discrimination that is often based on stereotypical views of people who have weight issues especially, people who are extremely large or obese or very thin. …

The Good Stuff: Using High-End Educational Technologies To Teach Legal Research, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 106th Annual Meeting and Conference.

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It's 2013: Do You Know Where Your Ipad Is?, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 106th Annual Meeting and Conference.

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Aba Techshow & Tell, Debbie Ginsberg, Emily Barney, Elizabeth Farrell

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2013 Conference for Law School Computing.

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No Longer The Sleeping Dog, The Fcpa Is Awake And Ready To Bite: Analysis Of The Increased Fcpa Enforcements, The Implications, And Recommendations For Reform, Rouzhna Nayeri

Rouzhna Nayeri

No abstract provided.

The Forgotten Father, What Happened To Equal Rights?, Gabriel Neff

Gabriel Neff

Introduction

Footnote 67 written in 1971 of Roe. v Wade states: the provisions of the father's rights in the constitutionality of the paternal rights in an abortion need not be decided, the time has come in 2013, in which the constitutionality of a fathers rights in an abortion must be considered.

Paternal rights of a father are something that most people don’t even consider. How this has come to be, is what my article will look to achieve. With the 14th amendment protecting the privacy of woman regarding the decision of an abortion, it will be difficult to gain any …

Battering The Poor: How Georgia’S Mandatory Family Violence Classes Deny Indigent Defendants Equal Protection Of The Law, Whitney Scherck

Whitney Scherck

Thirty years ago, the U.S. Supreme Court in Bearden v. Georgia held that the Equal Protection Clause of the Fourteenth Amendment prevents a court from incarcerating an individual for failure to pay a fine unless it first inquires into their reasons for failing to do so and determines that the defendant willfully failed to make bona fide efforts to pay. However, recently, a new kind of legal debt has emerged. As states’ budgets tighten, so-called user fees are becoming an increasingly common way for legislatures to toughen the criminal justice system without having to come up with funding for it. …

The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul

Scott T Paul

In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental …

If The Supreme Court Listens To Millennials, Same Sex Marriage Will Become Legal, Tanya M. Washington

Faculty Publications By Year

No abstract provided.

Sue My Car Not Me: Products Liability And Accidents Involving Autonomous Vehicles, Jeffrey K. Gurney

Jeffrey K Gurney

Autonomous vehicles will revolutionize society within the decade. They will cause accidents. Tort liability, however, is not ready for the introduction of autonomous vehicles, and, thus, liability will not be assessed to the party that is responsible for the accident. This Note addresses the liability of autonomous vehicle by examining products liability through the use of four scenarios: the Distracted Driver; the Diminished Capabilities Driver; the Disabled Driver; and the Attentive Driver.

Based on those scenarios, this Note argues that the autonomous technology manufacturer should be liable for accidents while the vehicle is in autonomous mode. This Note suggests that …

Kill-Lists And Accountability, Gregory S. Mcneal

Gregory S. McNeal

This article is a comprehensive examination of the U.S. practice of targeted killings. It is based in part on field research, interviews, and previously unexamined government documents. The article fills a gap in the literature, which to date lacks sustained scholarly analysis of the accountability mechanisms associated with the targeted killing process. The article makes two major contributions: 1) it provides the first qualitative empirical accounting of the targeted killing process, beginning with the creation of kill-lists extending through the execution of targeted strikes; 2) it provides a robust analytical framework for assessing the accountability mechanisms associated with those processes. …

Defining American: The Dream Act, Immigration Reform, And Citizenship, Elizabeth Keyes

Elizabeth Keyes

The DREAM Act and the grassroots movement propelling the legislation forward reveal how the definition of citizenship is undergoing a dramatic transformation, in ways both inspiring and troubling. The DREAM movement depends upon the compelling but exceptional stories of passionate, high-achieving, law-abiding youth who already define themselves as being American, and worthy of legal status. Situating this narrative in the rich literature of citizenship, the article shows how the DREAM movement effectively exposes the disjuncture between the DREAMers' identity as Americans and their lack of legal immigration status. The article celebrates how this narrative succeeds as a contrast to the …

Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz

Research Data

The documents here archived contain data compilations researched and recorded by me and my research assistants in connection with the article by Marianne "Mimi" Wesson, Living Death: Ambivalence, Delay, and Capital Punishment (Feb. 20, 2013), https://ssrn.com/abstract=2221597.

Our research investigated four study jurisdictions: Arizona, Louisiana, Nevada, and Ohio. The data falls into two categories: analyses of reported appellate cases during designated periods in those jurisdictions; and investigations of the subsequent careers of every individual who resided on death row in one of our jurisdictions in April of 1995. The article further explains the impetus for these investigations, and the conclusions …

Natural Disasters And Early Warning Systems In Australia, Emma Papaemanuel, Katina Michael, Peter Johnston

Professor Katina Michael

Australia's national emergency warning system alerts. Radio program in Greek.

Are Disaster Early Warnings Effective?, Kerri Worthington, Katina Michael, Peter Johnson, Paul Barnes

Professor Katina Michael

Australia's summer is traditionally a time of heightened preparation for natural disasters, with cyclones and floods menacing the north and bushfires a constant threat in the south. And the prospect of more frequent, and more intense, disasters thanks to climate change has brought the need for an effective early warning system to the forefront of policy-making. Technological advances and improved telecommunication systems have raised expectations that warning of disasters will come early enough to keep people safe. But are those expectations too high? Kerri Worthington reports. Increasingly, the world's governments -- and their citizens -- rely on technology-based early warning …

Concern People Without Latest Technology Will Miss Fire Warnings, Sally Sara, Ashley Hall, Peter Johnson, Katina Michael

Professor Katina Michael

But what if the website goes down in the way Victoria's Country Fire Authority website crashed as fires raged a few weeks ago? What about those people who don't own the latest technology? And what happens when the power goes out?

KATINA MICHAEL: Well there's no television, there isn't ability to access the internet potentially.

ASHLEY HALL: Professor Katina Michael is Associate Professor at the School of Information Systems and Technology at the University of Wollongong.

KATINA MICHAEL: I would suggest a long lasting powered radio because we don't want is we don't want when the lights go out, or …

Why No One Wants Immigration Reform, Donald S. Dobkin

Donald S. Dobkin

No abstract provided.

Rights Come With Responsibilities: Personal Jurisdiction And Corporate Personhood, Roger Michalski

Roger Michalski

No abstract provided.

To Ban Or Not To Ban Blasphemous Videos, Evelyn Aswad

Evelyn Aswad

No abstract provided.

A Proposition For Delimitation Of Maritime Boundaries And Mediterranean Security Limitation Similar To Montreux Convention, Burak Seker

Burak Sakir Seker

No abstract provided.

Innovation And Litigation: Tensions Between Universities And Patents And How To Fix Them, Jacob Rooksby

Jacob H. Rooksby

Universities that own patents have a problem. While nearly all are keen to enhance their revenue generated from patents, few are eager or prepared to enforce them in court, alone or with their exclusive licensees, should a third-party deploy a product or process covered by a university-owned patent. Yet strict prudential standing requirements imposed by the United States Court of Appeals for the Federal Circuit (“CAFC”) effectively require university participation as plaintiffs in enforcement lawsuits over their exclusively licensed patents, regardless of a university’s effective ability or enthusiasm to participate in a given action. Supported by nearly 40 years of …

The Judicial Invention Of Property Norms: Ellickson's Whalemen Revisited, Robert Deal

Robert C. Deal

Knowledge & Innovation In Africa: Scenarios For The Future, Jeremy De Beer, Shirin Elahi, Dick Kawooya, Chidi Oguamanam, Nagla Rizk

Jeremy de Beer

No abstract provided.