Law Commons^™

Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin

Law School Student Scholarship

No abstract provided.

State Of Utah V. Gary Lee Moody : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a judgment of conviction for Exploitation of a Vulnerable Adult, a third degree felony, in violation of Utah Code Ann. § 76-5-11 l(4)(b)(ii) (Supp. 2007); and Issuing a Bad Check or Draft, a third degree felony, in violation of Utah Code Ann. § 76-6-505(1) (Supp. 2007), in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.

Regulating Compensation, A. Christine Hurt

Faculty Scholarship

No abstract provided.

The Windfall Myth, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Tax expenditure analysis (TEA) requires a baseline for identifying tax provisions that provide subsidies or incentives instead of serving to define the tax base and to implement the tax. With respect to the federal income tax, the baseline historically has been the Schanz-Haig-Simons (SHS) definition of income with a few modifications. Critics have continuously and strongly attacked TEA by characterizing the SHS baseline as unprincipled, imprecise, and insufficiently related to our hybrid income/consumption tax system as it actually exists. Since the baseline is hopelessly defective, so the critics argue, TEA is fatally dysfunctional and the results of its application ...

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the ...

Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala

School of Law Faculty Publications

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities ...

Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley

Publications

The deduction of home mortgage interest is one of the most valuable and hotly debated benefits provided in the tax code to individuals. Since 1987, the code has restricted the interest deduction based on the amount of home mortgage debt the taxpayer has incurred, and the reasons for the debt. In a recent ruling, however, the Internal Revenue Service announced it would not follow a court ruling that limited the amount of deductible home mortgage interest — noteworthy because this time the IRS ruled in the taxpayer's favor.

Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman

Popular Media

No abstract provided.

Summary Of Aa Primo Builders, Llc V. Washington, 125 Nev. Adv. Op. No. 61, Michael Roche

Nevada Supreme Court Summaries

An appeal from summary judgment that was granted on the theory that a Nevada LLC whose charter is revoked loses its capacity to sue.

Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni

Nevada Supreme Court Summaries

The Nevada Supreme Court denied Goodyear’s request for a rehearing regarding the Court’s ruling in Bahena I.2 Additionally, the Court clarified that evidentiary hearings are not mandatory for non-case concluding sanctions.

Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill

Nevada Supreme Court Summaries

District court’s denial to review administrative hearing affirmed because claimant’s condition satisfied the statutory requirements.

Summary Of Fanders V. Riverside Resort & Casino, 126 Nev. Adv. Op. No. 50, Bracken Longhurst

Nevada Supreme Court Summaries

An appeal of an Eighth Judicial District Court’s summary judgment in a tort action against a former employer and co-employees based on the exclusivity provisions of the workers’ compensation statutes that arose around the time of employment termination.

Summary Of Gonski V. Dist. Ct., 126 Nev. Adv. Op. No. 51, Ryan Johnson

Nevada Supreme Court Summaries

The Second Judicial District Court entered an order compelling arbitration in a construction defect dispute. Petitioners asked for a writ of mandamus vacating the order compelling arbitration.

Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry

Nevada Supreme Court Summaries

The Court considered an appeal from a First Judicial District Court order that found a proposed initiative violated NRS 295.009’s single-subject rule and prohibited its placement on the 2010 general election ballot.

Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher

Nevada Supreme Court Summaries

A plaintiff in a tort action appealed from a district court order denying her motion to enlarge time for service of process.

Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order expunging a mechanic’s lien under NRS 108.2275.

Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon

Nevada Supreme Court Summaries

No abstract provided.

Self-Insurance And The Potential Effects Of Health Reform On The Small-Group Market, Kathryn Linehan

National Health Policy Forum

The Patient Protection and Affordable Care Act (PPACA) as amended by the Health Care Education Reconciliation Act of 2010 makes landmark changes to health insurance markets. Individual and small-group insurance plans and markets will see the biggest changes, but PPACA also affects large employer and self-insured plans by imposing rules for benefit design and health plan practices. Over half of workers—most often those in very large firms—are covered by self-insured health plans in which employers (or employee groups) bear all or some of the risk of providing insurance coverage to a defined population of workers and their dependents ...

Interview With George Mitchell (3) By Andrea L’Hommedieu, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader ...

Sharia Law Poses No Threat To American Courts, Nathan B. Oman

Popular Media

No abstract provided.

Financing Innovation: Infrastructure Development In New Haven, 1750-1850, Thomas P. Schmidt

Student Legal History Papers

The nineteenth century was a time of astonishing change in technologies of transportation. When the Constitution was ratified, to travel from New Haven to Hartford would require an arduous and uncertain trip on a rough road that could span more than a day. At the start of the twentieth century, railroads conveyed thousands of people daily along that route in a few hours, and the first automobiles were motoring over roads. The great progress in infrastructure development radically transformed the commercial, physical, and cultural landscape of America.

This transformation required great mobilizations of capital and human labor, which, in turn ...

Déjà Vu All Over Again? Reflections On Auerbach's 'Modern Corporate Tax', Reuven S. Avi-Yonah

Law & Economics Working Papers

This paper comments on Alan Auerbach's "A Modern Corporate Tax" (Hamilton Project/CAP, December 2010) and argues that it is not a significant improvement over previous proposals to replace the corporate tax with a cash flow tax.

Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States

Native American Water Rights Settlement Project

Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against ...

Judicial System Rises To Challenges Of Times, Kevin Washburn

Faculty Scholarship

No abstract provided.

The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau

Publications

The debate over human gene patents was recently reignited by New York federal Judge Robert Sweet, when he found isolated human gene sequences unpatentable in Association for Molecular Pathology v. U.S. Patent and Trademark Office , 702 F.Supp.2d 181 (S.D.N.Y. 2010). An appeal of the decision is pending, and in October, the U.S. Department of Justice filed an amicus curiae brief in the case arguing that such gene sequences should not be patentable, contradicting long-standing practices of the United States Patent and Trademark Office. Given the potent impact of a possible gene patent ban ...

Law Library Public Computing Alcove Policy, Georgia State University Law Library

Law Library Policies

No abstract provided.

Deal Or No Deal: An Empirical Analysis Of The Settlement Dynamics Of Landlord-Tenant Disputes, Jeffrey Lin

Student Legal History Papers

This paper seeks to combine three different strands of legal scholarship: the literature about the New Haven Housing Court, the alternative dispute resolution literature on the normative and positive dimensions of settlements, and the methodological practice known as docketology, which is the concept of mining court docket sheets for data. The focus of this paper will be on using data from the New Haven Housing Court docket sheets to empirically investigate how different factors influence the probability that a case is resolved via settlement rather than through litigation to final a judgment.

Adequate Yearly Progress In Arkansas 2009-10, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the end of October, the Arkansas Department of Education released annual adequate yearly progress (AYP) figures for Arkansas schools. These results are based on benchmark and end-of-course test scores in math and literacy for both overall populations and subgroups within schools. They are used to determine whether a school meets state standards and, given their performance in the most recent two years, whether they are placed in the "school improvement" category

Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg

Nevada Supreme Court Summaries

No abstract provided.