Law Commons^™

Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch

Nevada Supreme Court Summaries

This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.

Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen

Nevada Supreme Court Summaries

Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas

Mormons, Muslims, And Multiculturalism: The Deeply Dispiriting Romney-Huckabee Religion Showdown, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

American University, WCL Research Paper No. 2008-AbstractThis essay (6,000 words), which appeared in the Weekly Standard ostensibly as a comment on Mitt Romney's religion speech of December 2007, contains something to offend nearly everyone. It bluntly attacks presidential candidate Mike Huckabee and his evangelical followers for their demand for a Christian president, and calls them religious bigots.The essay also rejects, however, a central claim of Romney's religion speech, that all religious doctrines are beyond criticism or political argument - asserting that Romney, in the attempt to insulate himself from any questions of religion, has endorsed what might be called conservative …

Why France Needs To Collect Data On Racial Identity . . . In A French Way., David B. Oppenheimer

David B Oppenheimer

December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz

Hallowed Secularism

The Evangelical Stance on Global Warming

Debat Ketiga: Memikirkan Kembali Keilmuan Hubungan Internasional, Aryani Kristianti, Musa Maliki

Global: Jurnal Politik Internasional

This article will argue that Third Debate is the 'revolution turn' in the study of international relations. There are some explanations to conduct this argument: the description of the history of international relations thought and epistemological problem. This illustration will lead us to understand that there is a deeply dynamic debate in philosophy circumstances. We can not close the eyes to this debate otherwise we will be stucked and trapped in the dogmatism, stagnatism and ideology. Epistemological problem of philosophy is one of the foundations of the entire big problem that should be discussed. From epistemological scrutiny, this article believes …

Going It Alone: The Terror Presidency: Justice And Judgment Inside The Bush Administration, Kenneth Anderson

Book Reviews

Jack Goldsmith's The Terror Presidency is one of the most important evaluations of the Bush Administration's War on Terror to come from inside the administration. More than just a memoir, the book offers a cogent historical and legal analysis of the profound dilemmas that confront administration officials caught between competing demands of protecting the American public while respecting civil liberties. The review sympathetically considers the issues as presented in the book, and traces through the ways in which these difficult matters, all the ones that have confronted the Bush administration and created so many political disputes, will continue to confront …

Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky

Juliet P Kostritsky

Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view that courts would find liability and award reliance damages in precontractual cases that resembled the famous Hoffman v. Red Owl case. They have argued that courts deny recovery for reliance in cases involving precontractual preliminary negotiation but regularly grant reliance recovery following a preliminary agreement. They identify a pattern or sequence in which success is likely and then provide an analytical framework to justify liability. When parties reach a preliminary agreement that also includes an agreement that they both invest simultaneously and one party strategically …

The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné

Cornell Law Faculty Working Papers

These pages are addressed to examining the problems arising from the regulation of the dissolution of the matrimonial property regime on the death of one of the spouses in relation to the determination of the succession rights of the surviving spouse in Private International Law (from now on, PIL). I will specifically try to analyse the conciliation difficulties between what is stipulated in each relevant field after the death of one of the spouses. The surviving spouse’s situation often depends on the simultaneous effect of the matrimonial property regime and also of Succession Law. In fact, this study deals with …

Debate: Collaborative Environmental Law: Pro And Con, Eric W. Orts, Cary Coglianese

All Faculty Scholarship

In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn’s Wharton School, and Cary Coglianese, of Penn’s Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to say that each year the world grows ever more aware of the nature of the environmental problems we face, and yet critical policy solutions continue to remain beyond the grasp of even the most interested parties. Professor Orts argues that it is time to embrace a different policymaking approach—that of collaborative environmental lawmaking. He argues that "the view …

International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen

Brigham Young University International Law & Management Review

No abstract provided.

Identifying, Understanding, And Resolving Legal And Operational Issues In Outsourcing--Bharat Vagadia's Outsourcing To India: A Legal Handbook, Ilmr Editors

Brigham Young University International Law & Management Review

No abstract provided.

Conflicts In Cross-Border Enforcement Of Tax Claims, Andrew Grossman

Andrew Grossman

Some recent academic studies have argued, with few provisos, for abandonment of the rule traditional in both common- and civil-law jurisdictions barring the enforcement of foreign tax claims and judgments in the absence of a specific treaty engagement to the contrary. To equate public-law debts with private debts, and to make judgments for such debts enforceable across borders in the manner of the Uniform Foreign Money-Judgments Recognition Act, without addressing the special nature of tax claims and the way in which they may arise in bankruptcy, involuntary liquidation of assets, and arise in tandem and across borders, is bound to …

December 20, 2007: Comfort At A Funeral, Bruce Ledewitz

Hallowed Secularism

Comfort at a Funeral

Section 965: A Traditional Corporate Tax Policy, Jessica C. Kornberg

Brigham Young University International Law & Management Review

No abstract provided.

The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy

Brigham Young University International Law & Management Review

No abstract provided.

Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph

Brigham Young University International Law & Management Review

No abstract provided.

The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi

Giovanna E. Gismondi

The present article underscore the role of the Inter-American Commission and the Inter-American Court of Human Rights in regards to the protection of the rights of indigenous communities, including their right to lands, natural resources and a healthy environment. In this regard, the intervention of the human rights organs of the Organization of American States (OAS), has had a positive impact on the laws and policies of Latin American countries towards the protection of indigenous peoples' rights. The article discusses four cases that set the standards of the legal protection of indigenous communities within the Inter-American System for the protection …

Year In Review: 2007'S Most Significant Land Use Cases, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors provide a summary describing some of the most crucial New York land use cases. This year’s cases include the following topics: review of local board action, takings law, eminent domain, enforcement, jurisdiction, religious land uses, standing, moratoria, and New York’s State Environmental Quality Review Act (SEQRA).

December 19, 2007: More On Philip Pullman, Bruce Ledewitz

Hallowed Secularism

More on Philip Pullman

Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston

BYU Law Review

No abstract provided.

Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston

BYU Law Review

This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children's access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the …

Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato

BYU Law Review

No abstract provided.

Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders

BYU Law Review

No abstract provided.

Advance Trade Discounts: A Reprise, Deborah A. Geier

Law Faculty Articles and Essays

Prof. Deborah A. Geier, in a response to a recent article by Robert Willens on advance trade discounts, discusses the differences between the courts' analyses and some academics' approaches to measuring the income tax base properly.

Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry

BYU Law Review

No abstract provided.

A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende

BYU Law Review

No abstract provided.

Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Technology And Pornography, Arnold H. Loewy

BYU Law Review

No abstract provided.