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Articles 1 - 30 of 30
Full-Text Articles in Law
Normative History And Congress's Enforcement Power Under The Reconstruction Amendments, Edward Cantu
Normative History And Congress's Enforcement Power Under The Reconstruction Amendments, Edward Cantu
Faculty Works
As an originalist matter, what degree of logistical power did the Framers of the Reconstruction Amendments want Congress to have in actualizing the substantive guarantees of those amendments? In the 1990s the Court, seeking to revive its federalism vigilance, answered: "relatively limited power." Scholars pounced, and it quickly became "settled" in the scholarly literature that the Court had misread the historical record regarding the Framers' intent. Despite the scholarly reactions, the Roberts Court has carried the Rehnquist Court's torch on this interpretative matter. As such, strident accusations of conservative judicial activism toward the Roberts Court have paralleled the charges leveled …
Evolving Water Law And Management In The U.S.: Montana, Irma S. Russell
Evolving Water Law And Management In The U.S.: Montana, Irma S. Russell
Faculty Works
The availability of water or the lack thereof has influenced the evolution of each state and the laws of each state. The development of water law naturally grew from the realities of water and other resources in different areas of the country and the need for water for industry, agriculture, and other enterprises. The evolution and development of water management in Montana provide a good example of water management in the western United States. From the beginnings of Montana and of the West as a region, water sat at the top of the list of essentials for human occupancy and …
Emergency Lawyering In Environmental Law Today, Irma S. Russell
Emergency Lawyering In Environmental Law Today, Irma S. Russell
Faculty Works
No abstract provided.
The Changing Landscape Of Disciplinary Risks In Family Law Practice, Barbara Glesner Fines
The Changing Landscape Of Disciplinary Risks In Family Law Practice, Barbara Glesner Fines
Faculty Works
No abstract provided.
The Modern Corporation Statement On Company Law, Lynn A. Stout, Sergio Alberto Gramitto Ricci
The Modern Corporation Statement On Company Law, Lynn A. Stout, Sergio Alberto Gramitto Ricci
Faculty Works
Corporations play a central role in modern economies. Certain beliefs about corporations and corporate law are widely held and relied upon by business experts, the financial press, and economists who study the firm. Unfortunately, some of these widely-held beliefs are mistaken. This has led to numerous common errors in the way corporate law concepts are understood and applied. The authors of this Summary are experts versed in a variety of national legal systems, including those of the U.S. and U.K. as well as the E.U. We provide this simple Summary of certain fundamentals of corporate law, applicable in almost all …
Managing Our Microbial Mark: What We Can Learn About Pay For Performance From Ebola's Arrival At Our Shores, Ann Marie Marciarille
Managing Our Microbial Mark: What We Can Learn About Pay For Performance From Ebola's Arrival At Our Shores, Ann Marie Marciarille
Faculty Works
The narrative of Ebola’s arrival in the United States has been overwhelmed by our fear of a West African-style epidemic. The real story of Ebola’s arrival is about our healthcare system’s failure to identify, treat, and contain healthcare associated infections. Having long been willfully ignorant of the path of fatal infectious diseases through our healthcare facilities, this paper considers why our reimbursement and quality reporting systems made it easy for this to be so. West Africa’s challenges in controlling Ebola resonate with our own struggles to standardize, centralize, and enforce infection control procedures in American healthcare facilities.
Editia Elegantis: A Story Of Science, Discovery And The Elegance Of A Wife's Contribution, Patrick C. Brayer
Editia Elegantis: A Story Of Science, Discovery And The Elegance Of A Wife's Contribution, Patrick C. Brayer
Faculty Works
No abstract provided.
Book Review: Divorced From Reality: Rethinking Family Dispute Resolution, Barbara Glesner Fines
Book Review: Divorced From Reality: Rethinking Family Dispute Resolution, Barbara Glesner Fines
Faculty Works
No abstract provided.
Some Key Things U.S. Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony J. Luppino, Malika Simmons
Some Key Things U.S. Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony J. Luppino, Malika Simmons
Faculty Works
New business formation is a powerful economic engine that creates jobs. Diverse legal issues are encountered as a start-up entity approaches formation, initial capitalization and fundraising, arrangements with employees and independent contractors, and relationships with other third parties. The endeavors of a typical start-up in the United States will likely implicate many of the following areas of law: intellectual property; business organizations; tax laws; employment and labor laws; securities regulation; contracts and licensing agreements; commercial sales; debtor-creditor relations; real estate law; health and safety laws/codes; permits and licenses; environmental protection; industry specific regulatory laws and approval processes; tort/personal injury, products …
From Rights To Dignity: Drawing Lessons From The Movements For Aid In Dying And Reproductive Rights, Yvonne F. Lindgren
From Rights To Dignity: Drawing Lessons From The Movements For Aid In Dying And Reproductive Rights, Yvonne F. Lindgren
Faculty Works
In Roe v. Wade the Supreme Court identified the abortion right as “inherently, and primarily, a medical decision” to be decided between doctors and their patients. Early abortion case law closely linked the right to the doctor-patient relationship and situated abortion within the context of healthcare. Over the last forty years, however, the abortion right has come to be viewed almost exclusively as a constitutional right of decision-making or “choice.” Under the Court’s current analysis, the abortion right is cabined exclusively as a constitutional right to decide to terminate a pregnancy and, as a result, the Court has upheld significant …
Foster V. Chatman And The Failings Of Batson, Patrick C. Brayer
Foster V. Chatman And The Failings Of Batson, Patrick C. Brayer
Faculty Works
When the Supreme Court delivered its ruling in Foster v Chatman, the court described the actions of the prosecutors as being “motivated in substantial part by race” when they struck two potential jurors from hearing the capital murder case against Timothy Foster. This phenomenon of open and explicit racial intolerance is unfortunately still in existence thirty years after Foster first went to trial. What the Court failed to acknowledge was how new attitudes of exclusion are less intentional today and more nuanced, implicit, and rationalized. Black defendant’s in 2016 face prosecutors who are less engaged in open discrimination but more …
Dynamism In U.S. Pleading Standards: Rules, Interpretation, And Implementation, Jeffrey E. Thomas
Dynamism In U.S. Pleading Standards: Rules, Interpretation, And Implementation, Jeffrey E. Thomas
Book Chapters
No abstract provided.
Are Engineered Genetic Sequences Copyrightable?: The U.S. Copyright Office Addresses A Matter Of First Impression, Christopher M. Holman, Claes Gustafsson, Andrew W. Torrance
Are Engineered Genetic Sequences Copyrightable?: The U.S. Copyright Office Addresses A Matter Of First Impression, Christopher M. Holman, Claes Gustafsson, Andrew W. Torrance
Faculty Works
In spite of the compelling logic that would support extending copyright to engineered DNA sequences, copyright protection for genetic code has not been legally recognized in the US, or as far as we know anywhere. The Copyright Act is silent on the point, the courts do not appear to have ever addressed the question, and the Copyright Office has taken the position that an engineered genetic sequence is not copyrightable subject matter. In an attempt to advance the conversation, we submitted an engineered DNA sequence to the Copyright Office for registration, and then appealed the Office’s decision refusing to register …
Economic Ideology And The Rise Of The Firm As Criminal Enterprise, June Carbone, William K. Black
Economic Ideology And The Rise Of The Firm As Criminal Enterprise, June Carbone, William K. Black
Faculty Works
No abstract provided.
The Mayo Framework Is Bad For Your Health, Christopher M. Holman
The Mayo Framework Is Bad For Your Health, Christopher M. Holman
Faculty Works
This Article begins by providing a brief historical retrospective of the development of the patent eligibility doctrine, and then delves into the related questions of: (1) what are the Supreme Court’s policy objectives for the recent reinvigoration of the patent eligibility doctrine; and (2) has it achieved those objectives? The article then discusses three important out-standing questions regarding the application of the new test for patent eligibility: (1) what constitutes a natural phenomenon; (2) what constitutes an inventive step; and (3) what, if any, role does preemption play in the analysis? The article then provides four examples of recent lower …
Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski
Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski
Faculty Works
No abstract provided.
Intimate Partner Violence: An Annotated Bibliography, 2013-2015, Nancy Levit
Intimate Partner Violence: An Annotated Bibliography, 2013-2015, Nancy Levit
Faculty Works
No abstract provided.
The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr
The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr
Faculty Works
The most recent manifestation of the Sagebrush Rebellion is a mind-bending, consciousness altering, looking glass version of logic and reality. The sight of Cliven Bundy with his big hat, massive silver belt buckle, and his equally sizeable paunch, his unemployable spawn, the late, doggedly litigious Wayne Hage and his dutiful descendants, the swat teams of heavily armed, confrontation-seeking acolytes, equipped with flak jackets, AK-47s, second amendment signage, and "patriot" bling is, to be charitable, cartoonish. This clown car has emerged, clad in the sackcloth of "injured innocence" and professing to be the beleaguered natives of the Great Basin's high desert. …
The Second Amendment On Campus, Allen K. Rostron
The Abstract Void In Practice: Has The Statutory Business Judgment Rule Changed The ‘Acoustic Separation’ Between Conduct And Decision Rules For Directors’ Duty Of Care?, Sergio Alberto Gramitto Ricci, Jake Miyairi
The Abstract Void In Practice: Has The Statutory Business Judgment Rule Changed The ‘Acoustic Separation’ Between Conduct And Decision Rules For Directors’ Duty Of Care?, Sergio Alberto Gramitto Ricci, Jake Miyairi
Faculty Works
A recent outpouring of director sentiment claims that the stringency of directors’ duty of care is stifling entrepreneurial growth. This article explores whether the statutory business judgment rule has enhanced directors’ protection for legitimate commercial decisions, or clarified their liability for due care — the two express justifications behind its enactment. Directors’ protection for entrepreneurial decision-making cannot be amplified without broadening the pre-existing abstract void between the duty of care — as a conduct rule — and the general law ‘business judgment principle’ — as a decision rule. But Parliament’s desire to clarify and confirm the existing general law business …
Elder Law: An Annotated Bibliography, 2011-2016, Nancy Levit
Elder Law: An Annotated Bibliography, 2011-2016, Nancy Levit
Faculty Works
No abstract provided.
Why U.S. States Need Pension Waiver Credits, Randall K. Johnson
Why U.S. States Need Pension Waiver Credits, Randall K. Johnson
Faculty Works
This article identifies a novel approach to public pension reform, which takes into account existing political and legal constraints. It does its work in four key ways. First, the article encourages better use of public sector resources by calling for the elimination of public pension inefficiencies. Next, it explains how to reduce public pension inefficiencies, on a prospective basis, by moving away from defined-benefit pension plans. Third, the article describes one way to move beyond defined-benefit pension plans through the creation of a new tax expenditure program (specifically, a Pension Waiver Credits Program). Finally, it explains how to implement this …
Using Infographics To Report Research Results, Ayyoub Ajmi
Using Infographics To Report Research Results, Ayyoub Ajmi
Faculty Works
This article uses infographics to share how cross-departmental collaboration and open communication between librarians and IT professionals can lead to successful implementation of technology initiatives in libraries, and how shared services bring access to specialized personnel whom most law libraries and law schools wouldn’t have access to otherwise.
The Disconnected Juror: Smart Devices And Juries In The Digital Age Of Litigation, Patrick C. Brayer
The Disconnected Juror: Smart Devices And Juries In The Digital Age Of Litigation, Patrick C. Brayer
Faculty Works
As we progress toward a post-digital age of individuals becoming one with technology, the legal profession will encounter an increasing number of jurors who have never known life without the Internet, social media or mobile devices. At the same time an increasing number of citizens are becoming dependent on digital technology, state supreme courts, state trial judges, and federal judges from across the nation are banning and confiscating cell phones, tablets, and other devices of connection to prevent jurors from engaging in misconduct. This article illuminates the unintended consequences that arise when courts remove from a sitting juror an individual …
Guns, Speech, And Breathing Space: Response To Andrew Jay Mcclurg's The Second Amendment Right To Be Negligent, Allen K. Rostron
Guns, Speech, And Breathing Space: Response To Andrew Jay Mcclurg's The Second Amendment Right To Be Negligent, Allen K. Rostron
Faculty Works
No abstract provided.
Three Views Of The Academy: Legal Education And The Legal Profession In Transition, Barbara Glesner Fines
Three Views Of The Academy: Legal Education And The Legal Profession In Transition, Barbara Glesner Fines
Faculty Works
No abstract provided.
Wait, Wait, Don’T Tell Me: Accountability, Plausible Deniability, Model Rule 1.13, And The Role Of Corporate Counsel In An Age Of Enhanced Monitoring, Irma S. Russell
Wait, Wait, Don’T Tell Me: Accountability, Plausible Deniability, Model Rule 1.13, And The Role Of Corporate Counsel In An Age Of Enhanced Monitoring, Irma S. Russell
Faculty Works
No abstract provided.
A New State Ice Age For Gun Policy, Allen K. Rostron
A New State Ice Age For Gun Policy, Allen K. Rostron
Faculty Works
No abstract provided.
After Obergefell: The Next Generation Of Lgbt Rights Litigation, Nancy Levit
After Obergefell: The Next Generation Of Lgbt Rights Litigation, Nancy Levit
Faculty Works
Leading to Obergefell v. Hodges, the road to marriage equality was uneven. Several state courts in the 1970s rejected same-sex marriage, based on circular reasoning that avoided the critical constitutional question. The federal government entered the debate and enacted the Defense of Marriage Act in 1996. DOMA restricted the definition of marriage to one man and one woman; and, no state was required to recognize a same-sex marriage performed in another state. State legislatures that had not previously acted enacted mini-DOMAs and others passed constitutional amendments banning same-sex marriage. Within two decades the Supreme Court reversed its position on the …
Sacred In The City: The Huron Indian Cemetery And The Preservation Laws, John W. Ragsdale Jr
Sacred In The City: The Huron Indian Cemetery And The Preservation Laws, John W. Ragsdale Jr
Faculty Works
The Huron Indian Cemetery sits on a hill above the confluence of the Missouri and Kansas Rivers. It is several acres of predominant green, with grass, mature trees, and modest, weathered grave stones, surrounded by the sterile concrete of a struggling Midwestern city. Desultory businesses, colorless governmental offices, a casino, and strong evidence of poverty and vandalism lap at the shores of the small sanctuary. Yet despite the drab and essential joylessness of the encircling faded modernity, the cemetery holds a surprising sense of peace and even timelessness. The serenity may seem incongruous, not only because of the tawdry surroundings, …