Law Commons^™

The Cost Of Experiencing Everyday Legal Problems Related To Social Assistance, Lisa Moore, Ab Currie, Nicole Aylwin, Trevor C. W. Farrow, Quinlin Gilbert-Walters, Paul Di Libero

Canadian Forum on Civil Justice

Experiencing a civil or family justice problem in Canada can come at a significant price. Outside of the monetary legal costs that Canadians incur when trying to resolve serious civil and family justice problems, many Canadians also pay for legal problems with high stress, emotional health problems and physical health problems. In addition, serious civil and family justice problems have also been shown to cause or exacerbate other family, personal and social problems and result in significant temporal costs that often come in the form of lost opportunity, reduced productivity, and reduced time and energy for building and maintaining family …

Comment On Brewer: Form And Content In Legal Proof (Or Why Everybody Wins - Or At Least Gets A Participation Trophy), Gary S. Lawson

Faculty Scholarship

In 1980, I was in a Contracts class taught by the incomparable Arthur Leff. It became very clear very quickly that one student in that class was (apart from Professor Leff) the smartest and most interesting person in the room. That person was Scott Brewer. More than three and a half decades later, when I thought about who I would most like to invite to comment on my book Evidence of the Law: Proving Legal Claims, one name immediately shot into my mind: Scott Brewer. He was, as the saying goes, at the very top of my draft board. He …

A Vatcoin Proposal Following On The 2017 Eu Vat Proposals - Mtic, Vatcoin, And Blockchain, Richard Thompson Ainsworth, Musaad Alwohaibi, Michael Cheetham, Camille Tirand

Faculty Scholarship

The following proposal for an EU VATCoin was presented at the Digital Tax Transformations Conference, December 18 & 19, 2017 in Vienna, Austria at WU Global Tax Policy Center (WU GTPC) at the Institute for Austrian and International Tax Law of Vienna University of Business and Economics.

The EU Commission has proposed “far-reaching reforms” to solve some of the fraud in the EU VAT. It hopes to capture €50 billion lost annually to MTIC fraud in goods. It hopes to do this without addressing tradable services, a MTIC mutation which by all accounts is running strong.

Fortunately, the Commission is …

Antitrust Looms Large In Trump Administration (With Transcript), Herbert J. Hovenkamp, Liz Crampton

Case In Point Podcasts

Penn Law’s Herb Hovenkamp and Bloomberg Law’s Liz Crampton discuss antitrust policy, lessons learned from the past, and enforcement in the Trump Administration.

Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Hearing Before The United States House Of Representatives Subcommittee On Courts, Intellectual Property, And The Internet: “The Role And Impact Of Nationwide Injunctions By District Courts”, Samuel L. Bray

Congressional Testimony

Originally posted by the House of Representatives Judiciary Committee

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Copy of Testimony

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Exploring The Meaning Of Experiential Deaning, Peggy Maisel, Margaret Martin Barry, Robert Dinerstein, Phyllis Goldfarb, Linda Morton

Faculty Scholarship

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

November 29, 2017: The Acting Director And The Rule Of Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Acting Director and the Rule of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This brief examines teacher salaries in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine how teacher salaries compare to the nation and surrounding states. Further analyses examine differences in teacher salary within and between the regions of Arkansas. We identify the district factors most related to and make recommendations for utilizing this information.

Ai And Jobs: The Role Of Demand, James Bessen

Faculty Scholarship

In manufacturing, technology has sharply reduced jobs in recent decades. But before that, for over a century, employment grew, even in industries experiencing rapid technological change. What changed? Demand was highly elastic at first and then became inelastic. The effect of artificial intelligence (AI) on jobs will similarly depend critically on the nature of demand. This paper presents a simple model of demand that accurately predicts the rise and fall of employment in the textile, steel, and automotive industries. This model provides a useful framework for exploring how AI is likely to affect jobs over the next 10 or 20 …

National Library Partnership Tackles Health Literacy Gap, Jennifer Dixon

Staff Publications

No abstract provided.

Next Generation Repositories: Behaviours And Technical Recommendations Of The Coar Next Generation Repositories Working Group, Confederation Of Open Access Repositories, Eloy Rodrigues, Kathleen Shearer

Copyright, Fair Use, Scholarly Communication, etc.

In April 2016, the Confederation of Open Access Repositories (COAR) launched the Next Generation Repository Working Group to identify new functionalities and technologies for repositories. In this report, we are pleased to present the results of the work of this group, including recommendations for the adoption of new technologies, standards, and protocols that will help repositories become more integrated into the web environment and enable them to play a larger role in the scholarly communication ecosystem.

At COAR, we believe the globally distributed network of more than 3000 repositories can be leveraged to create a more sustainable and innovative system …

Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman

Journal Articles

No abstract provided.

Intermountain Surgical, Llc, Petitioner / Appellant, Vs. Whitney A. Nesbitt, Jacob C. Loveland, Ignacio Buenrostro, Ester Buenorostro, And Hon. Ryal I. Hansen Respondents / Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On Petition for Writ of Extraordinary Relief from the Order of the Honorable Royal I. Hansen, Third District Court Judge, Utah Case No. 160902137

An Unsung Success Story: A Forty-Year Retrospective On U.S. Communications Policy, Christopher S. Yoo

All Faculty Scholarship

Looking backwards on the occasion of Telecommunications Policy’s fortieth anniversary reveals just how far U.S. communications policy has come. All of the major challenges of 1976, such as promoting competition in customer premises equipment, long distance, and television networking, have largely been overcome. Moreover, new issues that emerged later, such as competition in local telephone service and multichannel video program distribution, have also largely been solved. More often than not, the solution has been the result of structural changes that enhanced facilities-based competition rather than agency-imposed behavioral requirements. Moreover, close inspection reveals that in most cases, prodding by the courts …

Liar, Liar, Retaliation Claim On Fire: Egei V. Johnson: Protecting An Employee’S Right To Dishonesty (White Paper), Sarah Applegate

Nebraska Law Bulletin (Selected Issues)

The United States District Court for the District of Columbia incorrectly held that an employee who lies during a Title VII proceeding is protected from retaliation on the basis of his or her lies. A better approach to Title VII participation matters is to impose a requirement that the participation be in good faith with the burden on the employer to prove with clear and convincing evidence that the employee’s participation was bad faith. This approach follows the holdings of the 7th Circuit, imposing a good faith requirement on participation clause matters. However, the 7th Circuit also imposes a reasonableness …

Week Of November 27, 2017 - December 1, 2017, Benjamin N. Cardozo School Of Law

Today at Cardozo 2017

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo Advocates for Kids
• Cardozo Criminal Law Society (CCLS)
• Cardozo Family Law Society
• Cardozo OUTLaw
• Cardozo Startup Society
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Innocence Project Clinic

Mmu: 11/27/17–12/03/17, Student Bar Association

Monday Morning Update

Father Mike Committee

HLSA Raffle

ISBA Moot Court Tournament

Mass Schedule

Student Support

This Week @ NDLS

1L of the Week: Austin Ridgeway

Sexual Misconduct And Congressional Self-Governance, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Over the past year, a number of prominent politicians (including President Donald Trump) have been publicly accused of serious sexual misconduct and abuse of power. The question therefore has arisen: Can these politicians either be barred from taking office or removed from office on the basis of these accusations?

There is only way to remove a sitting president: impeachment by the House of Representatives and conviction by the Senate. But the topic of impeaching and removing a president warrants its own column. This column will instead focus on what Congress may do when its members and members-elect face charges …

Brief On The Investigation Of Canadian Nationals For War Crimes And Crimes Against Humanity In Afghanistan, Craig Scott

Commissioned Reports, Studies and Public Policy Documents

Acting Director of the Nathanson Centre, Professor Craig Scott, has submitted a brief to Prosecutor Fatou Bensouda of the International Criminal Court providing evidentiary reasons why Canadians in the military and civilian chain of command during Canada ‘s presence in the war in Afghanistan should fall within the scope of the Prosecutor’s efforts to investigate the “situation in Afghanistan” with respect to war crimes committed by the Taliban, the CIA and Afghan National Security Forces. Potential criminal responsibility arises from Canada ‘s policy and practices on the transfer of captives to both the US and Afghanistan. The brief also highlights …

Courts Also Won (Albuquerque) Mayoral Election, Kevin Washburn

Faculty Scholarship

In the 2017 Albuquerque mayoral election, one of the candidates sought to make the election a referendum on the New Mexico judiciary and was soundly defeated. In this respect, in addition to candidate and now Mayor-elect Time Keller, the courts also won the election.

Freedom Of Expression, Academic Freedom, And Equality: Seven Institutional Responsibilities, Emma Cunliffe

All Faculty Publications

This paper considers the institutional responsibilities that arise from the separate but related values of freedom of expression, academic freedom, and equality rights at Canadian public universities.

It introduces some applicable Canadian legal principles and considers whether freedom of expression can properly be limited. It also addresses the importance of institutional support for those who face threats or unfair criticism as a result of activities performed in the course of their university role.

The paper argues that universities should actively foster a robust and inclusive institutional culture that advances substantive equality while ensuring that policies and procedures do not place …

November 23, 2017: David Brooks Gets The Need For Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “David Brooks Gets the Need for Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Crowdfunding Signals, Darian M. Ibrahim

Popular Media

No abstract provided.

The Jfk Cover-Up Continues, But The Truth Is Seeping Out, Donald E. Wilkes Jr.

Popular Media

In 1992, nearly three decades after JFK was slain by hidden sniper fire in Dallas, TX, on Nov. 22, 1963, Congress without any dissenting votes passed a statute “to provide for the expeditious disclosure of records relevant to the assassination of President John F. Kennedy.”

The recent astonishing refusal of President Trump to release in full the contents of all remaining classified JFK assassination files confirms that more than half a century after the assassination the governmental coverup of the full truth about that dreadful murder is still underway.

This article reviews the actions immediately preceding October 26, 2017, the …

Collins V. State, 133 Nev. Adv. Op. 88 (Nov. 22, 2017), Casey Lee

Nevada Supreme Court Summaries

The court determined that (1) the district court may constitutionally remove a criminal defendant from the courtroom for disrupting courtroom procedure, (2) a defendant does not have the right to appear at trial in shackles, (3) testimony about a detective’s investigation leading to the defendant’s arrest is not opinion about the defendant’s guilt, (4) the district court may decide not to instruct a jury on a lesser-included offense if no evidence on the record establishes an element of that offense, and (5) a specific cause of death is not required to find that a person’s death was caused by criminal …

The State Of Utah, Plaintiff/Appellee V. Travis Scott Murray, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

An appeal from an order revoking and reinstating probation for third degree felony driving under the influence, in the Third District Court, Salt Lake County, State of Utah, the Honorable Ann Boyden presiding

Yu V. Yu, 133 Nev. Adv. Op. 90 (Nov. 22, 2017), Samantha Scofield

Nevada Supreme Court Summaries

Though vexatious litigant determinations are not independently appealable, they may be considered on appeal when included in an otherwise appealable order.

Bradley V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 92 (Nov. 22, 2017), Brianna Stutz

Nevada Supreme Court Summaries

The Court held that the district court erred when it ordered J.A.’s juvenile and delinquency records be turned over to the defense in Hudson’s criminal case. The Court held that Dr. Bradley’s confidential records pertaining to J.A. are privileged, and no exception or waiver applies.

Nationstar Mortg., Llc V. Saticoy Bay Llc Series 2227 Shadow Canyon, 133 Nev. Adv. Op. 409 (Nov. 22, 2017), Connor Saphire

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting summary judgment. In its holding, the Court concluded that it would not invalidate a foreclosure sale based on a low sales price alone. The commercial reasonableness standard established by Article 9 of the Uniform Commercial Code (U.C.C.) does not apply to Homeowner’s Association (HOA) foreclosures because they involve real property sales. Rather, there must be a showing of “fraud, unfairness, or oppression” on behalf of the seller.