Law Commons^™

Summary Of Lindblom V. Prime Hospitality Corp., 120 Nev. Adv. Op. No. 40, Keith Brown

Nevada Supreme Court Summaries

District court’s order setting aside default judgment against hotel-Respondent affirmed. An order setting aside a default judgment was appealable as a special order under Nevada Rules of Appellate Procedure (NRAP) 3A(b)(2)2. The trial court’s determination of excusable neglect under Nevada Rules of Civil Procedure (NRCP) 60(b)(2)3 was not a proper basis upon which to grant relief from the default judgment, but a trial court’s exercise of discretion to deny or grant a motion to set aside a default judgment under NRCP 60(b)(1) on the grounds of mistake, inadvertence, surprise, or excusable neglect will not be disturbed upon appeal, absent an …

Binding Arbitration And Specific Performance Under The Faa: Will This Marriage Of Convenience Survive?, Kenneth Dunham

ExpressO

Traces the history of arbitration from ancient times to the present. Demonstrates how the process has changed and how it has been altered through the centuries into its present form enforceable under the FAA. Shows how specific performance is used to enforce arbitration in equity using the rules of contract law.

Vol. Viii, Tab 39 - Ex. 1 - Email From Lepe Bismarck, Lepe Bismarck

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

The Bane Of Surrogate Decision Making: Defining The Best Interests Of Never-Competent Persons, Norman L. Cantor

Rutgers Law School (Newark) Faculty Papers

The medical fate of never-competent persons cannot be resolved according to the approach governing previously competent persons -- surrogate focus on self-determination via advance instructions or projections of what the now-incompetent person would want in the circumstances. For never-competent medical patients, the commonly stated approach to surrogate decision making is best interests of the incapacitated ward.

This article examines and questions the conventional wisdom regarding a "best interests of the patient" standard. When a parent is the surrogate decision maker, the medical course chosen need not be the best course, so long as it is a plausible medical option and …

Wireless Local Number Portability: New Rules Will Have Broad Effects, Stephen M. Kessing

Duke Law & Technology Review

After a delay of over seven years, wireless local number portability rules ("WLNP") finally went into effect on November 24, 2003. These rules, promulgated by the Federal Communications Commission, allow wireless subscribers to change service providers within a given location while retaining the same phone number. The rules also allow consumers to transfer a land-based telephone number to a cellular provider. These new choices will likely have a significant impact on the wireless industry and increase competition in an already intense playing field. This iBrief provides a summary of the new rules, looks at the history and litigation, and predicts …

Hearing Before The United States Senate Committee On The Judiciary, Subcommittee On The Constitution, Civil Rights And Property Rights: Beyond The Pledge Of Allegiance: Hostility To Religious Expression In The Public Square, Richard W. Garnett

Congressional Testimony

Originally published by the United States Senate Committee on the Judiciary

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GovInfo

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Taxation Of Spin-Off – U.S. And German Corporate Tax Law, Stefan W. Suchan

Cornell Law School J.D. Student Research Papers

Corporate law provides for a transaction commonly referred to as “spin-off”. The corporate enterprise is divided in (at least) two corporations. The stock of a controlled subsidiary will be distributed pro rata by a parent corporation to its shareholders which end up owning a brother/sister pair of corporate enterprises.

The Internal Revenue Code (IRC) in § 355 provides special rules for the distribution of stock and securities of a controlled corporation. The transaction is known as a “D reorganization”, if such a distribution follows the transfer by a corporation of all or a part of its assets to another corporation, …

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

Post-Enron: U.S. And German Corporate Governance, Stefan W. Suchan

Cornell Law School J.D. Student Research Papers

Only five years after Henry Hansmann and Reinier Kraakmann announced "the End of History of Corporate Law" – borrowing the words of Francis Fukuyama–, this observation seems at least questionable. Following two major failures of the “American Model” with the bankruptcy of Enron and WorldCom, the question of the "right" Corporate Governance regime is again under discussion.

Legislators around the globe assume that further development of Corporate Governance is necessary. There is consent for the need of improvement, but no clear answer on how to improve. A first step to solving the arising problems might be to evaluate the reasons …

Summary Of Fire Ins. Exch. V. Cornell, 120 Nev. Adv. Op. 35, Angela Morrison

Nevada Supreme Court Summaries

Fire Insurance Exchange (“FIE”) appealed an order granting the respondents summary judgment that concluded FIE’s homeowner’s liability coverage extended to negligent supervision resulting in intentional acts and child molestation.

Unh Law Alumni Magazine, Summer 2004, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Jun. 4, 2004, Wbg, Striking A Better Balance, The Final Report Of The Extractive Industries Review, Wbg

IFC E&S Performance Standards

No abstract provided.

Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A gathering of Movement veterans, scholars, students and the community.

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Preliminary agenda for University of South Florida's "The Civil Rights Movement in Florida" Conference. June 2-6, 2004.

Choosing Gatekeepers: The Financial Statement Insurance Alternative To Auditor Liabilty, Lawrence A. Cunningham

ExpressO

Positioned in a lively current debate concerning how to design auditor incentives to optimize financial statement auditing, this Article presents the more ambitious financial statement insurance alternative. This breaks from the existing securities regulation framework to draw directly on insurance markets and law. Based on upon an evaluation of major structural and policy-related features of the concept, the assessment prescribes a framework to permit companies, on an experimental-basis and with investor approval, to use financial statement insurance as an optional alternative to the existing model of financial statement auditing backed by auditor liability.

The financial statement insurance concept, pioneered by …

Universal Jurisdiction In Absentia, Ryan P. Rabinovitch

ExpressO

The issue of universal jurisdiction has become increasingly relevant in recent years as proceedings have been initiated in certain States against individuals such as Israeli Prime Minister Ariel Sharon and former United States Secretary of State Henry Kissinger. It remains unclear whether the concept of universal jurisdiction permits proceedings to be initiated against these individuals even though they are not present in the prosecuting State. This issue has received a great deal of media attention over the past year, in the wake of the Belgian Cour de Cassation’s ruling in September 2003 (overturning a decision by the Belgian Court of …

The Lessons Stem Cells Provide Vis-À-Vis Patents: Working Towards An International/Universal Patent Regime. , Charles F. Hall

ExpressO

Biotechnology research has much to promise human society. Beyond the obvious benefits of being able to clone rare animal species or potentially to revitalize extinct species , there are many practical applications that are beneficial to human society directly. Rare blood types might be created from specialized stem cells. The tragedies of Christopher Reeve and others like him who have suffered paralysis from spinal cord trauma may be reversible by using stem cells to replenish damaged and severed nerve cells in the spinal column. The dire shortage of organs for those needing transplants can be reduced by creating an organ …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Congress Should Act To Define "Prevailing Party" To Ensure Citizen Suits Remain Effective In Environmental Regulation. Sierra Club V. City Of Little Rock, Nathan A. Steimel

Journal of Environmental and Sustainability Law

No abstract provided.

Assessing Costs Under Cercla: Sixth Circuit Requires Specificity In Complaints Seeking Prejudgment Interest. United States V. Consolidation Coal Co., Andrew J. Ennis

Journal of Environmental and Sustainability Law

No abstract provided.

Court Reports

Journal of Environmental and Sustainability Law

No abstract provided.

Contribution To Inaction: Interpreting Cercla To Encourage, Rather Than Discourage, Hazardous Waste Clean-Up. Dico, Inc. V. Amoco Oil Co. , Lewis A. Fleak

Journal of Environmental and Sustainability Law

No abstract provided.

Making The Grade: The Role Of Conservation Agreements In Complying With Environmental Law Mandates. Selkirk Conservation Alliance V. Forsgren, R. Marissa Albert

Journal of Environmental and Sustainability Law

No abstract provided.

Supreme Court Decision Allows The Epa To Flex Its Muscle And Trump State Permitting Authorities. Alaska Department Of Enrivonmental Conservation V. Environmental Protection Agency, Patrick A. Bousquet

Journal of Environmental and Sustainability Law

No abstract provided.

Medicaid Prescription Drug Spending And Use, Brian Bruen, Arunabh Ghosh

Health Policy and Management Issue Briefs

No abstract provided.

The Missouri River Compromise: Negotiated Rulemaking As A Suggested Resolution To The River Basin Dispute, Marya Kathryn Lucas

Journal of Environmental and Sustainability Law

No abstract provided.

Technology Worth Patenting, Thomas G. Field Jr

Law Faculty Scholarship

Inevitably scarce resources are better invested in deciding which [patent] applications are worth filing and seeking the broadest defensible claims for those that are chosen. Whether a patent can be obtained for less than, say, $10,000 is the wrong question. Whether a patent is worth having is the better question—particularly from the standpoint of prospective licensees.

Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding

Working Paper Series

Studies consistently show a high prevalence of mental disorders among criminal defendants. Forensic mental health issues thus arise frequently in the criminal justice system and are commonly encountered by prosecutors, defense attorneys, and judges—much more so than some criminal law doctrines (e.g., necessity, duress, impossibility) routinely taught in criminal law courses. Yet rarely are students taught about mental illness, how to represent mentally ill clients, adjudicative competence, the mental health needs of various offender groups and how these unmet needs may contribute to criminal behavior, or the use of mental health mitigation evidence at sentencing. If taught at all, such …

Deconstructing Development, Ruth E. Gordon, Jon H. Sylvester

Working Paper Series

Whether it is being praised or excoriated, defended or condemned, the concept of development shapes and dominates our thinking about the Third World. Indeed development has evolved into an essentially incontestable paradigm with such a hold on our collective imaginations, that it is almost impossible to think around or beyond it. This article, however, interrogates development to its very core, demonstrating that although it is presented as something that is universal, natural and inevitable, in truth it is part of the Western political and cultural imagination. Moreover, the interlocking ideological assumptions that support this paradigm are inherently hierarchical and by …