Law Commons^™

Summary Of Southern Nevada Homebuilders Association V. Clark County, 121 Nev. Adv. Op. 46, Wayne Klomp

Nevada Supreme Court Summaries

On a request for declaratory relief from Clark County and various citizens groups, the district court declared valid a zoning ordinance requiring a two-thirds majority vote of the Clark County Commissioners for the approval of all non-conforming zone change applications. The district court concluded on a motion for summary judgment that the ordinance was valid. Southern Nevada Homebuilders Association (“SNHA”) appealed the decision of the district court.

Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz

Nevada Supreme Court Summaries

Appellant Szydel brought a medical malpractice claim against Dr. Markman after he left a surgical needle inside her breast following a surgical procedure. Szydel and her husband filed a malpractice claim in district court and Dr. Markman moved to dismiss because the complaint was not accompanied by a medical expert’s affidavit, as required by statute. Szydel claimed that her action was filed under Nevada’s res ipsa loquitur statute and thus did not require a medical expert’s affidavit.

Summary Of Weaver V. State, 121 Nev. Adv. Op. 50, Kimberly Lou

Nevada Supreme Court Summaries

The DMV revoked Michael Weaver’s driver’s license pursuant to NRS 484.384 when an officer found him intoxicated at the site of his single vehicle accident with a blood alcohol level three times over the legal limit. Weaver alleges that NRS 484.384 violates due process by not allowing the person tested to present evidence that his or her alcohol level is based on alcohol consumed after driving.

Of Rainbows And Rivers: Lessons For Telecommunications Spectrum Policy From Transitions In Property Rights And Commons In Water Law, Dale B. Thompson

ExpressO

A number of industries utilize the telecommunications spectrum to provide billions of dollars of services. However, some have noted that technological development and implementation of spectrum applications have not progressed as fast in the United States as in other parts of the world To improve technological development, many have recommended significant changes in United States policy of allocating spectrum, some based on a “property rights” approach, and others based on a “commons” approach. This article takes a novel approach to this problem, by applying lessons from our two hundred year history of water law to spectrum policy. Also, instead of …

Home As A Legal Concept, Benjamin Barros

ExpressO

This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …

Is Forum-Shopping Corrupting America's Bankruptcy Courts? Review Of Lynn M. Lopucki, "Courting Failure: How Competition For Big Cases Is Corrupting The Bankruptcy Courts", Todd J. Zywicki

George Mason University School of Law Working Papers Series

In his new book, Courting Failure: How Competition for Big Cases is Corrupting the Bankruptcy Courts, Professor Lynn LoPucki’s book argues that that current bankruptcy venue rules have spawned an improper “competition for big cases” that has “corrupted” America’s bankruptcy courts. LoPucki argues that this competition has harmed the bankruptcy system and the economy, transferring wealth from creditors and employees to incumbent management and bankruptcy professionals. He also argues that the competition that has corrupted the American bankruptcy system is being replicated internationally, resulting in a similar competition and similar harm on the global stage.

This essay reviews LoPucki’s book …

Spread Spectrum Is Good—But It Doesn’T Obsolete Nbc V. Us!, Charles L. Jackson, Raymond L. Pickholtz, Dale N. Hatfield

ExpressO

This short note addresses a popular misconception—that new technologies such as spread spectrum have eliminated the problem of radio interference. That is false. Spread spectrum is a great technology, but it does not eliminate the problem of interference. Similarly, although some have asserted otherwise, signals below the noise floor can create interference.

We first show that a number of authors have embraced these misconceptions in works addressing public policy. Briefly, a basic argument of these papers is: (1) spread spectrum eliminates the problem of interference; (2) the Supreme Court’s decision in NBC v. US upholding the Communications Act of 1934 …

A Standards-Based Theory Of Judicial Review And The Rule Of Law, Sidney A. Shapiro

ExpressO

The constitutionality of legislative preclusion of judicial review has received considerable attention from constitutional and administrative law scholars. We join this debate by proposing a new approach: a standards-based theory of judicial review based on two fundamental principles. First, whenever government officials make decisions involving the application of legal standards, the rule of law – and hence the rule of law safeguards of due process and judicial review – attach. Second, with the exception of those cases in which the Constitution itself contemplates standardless official discretion, legislative delegations of authority to government actors must contain legal standards that guide and …

Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz

Nevada Supreme Court Summaries

This action arises out of a business agreement between the Kahns and their son, Eric. The Kahns violated the agreement with Eric by selling their business to their other son, Frank. The Kahns hired Byrd and his firm, Morse & Mowbray, to represent them. Shortly thereafter the parties reached a settlement, and the Kahns reneged on the settlement. Eric filed an action against the Kahns for specific enforcement of the settlement and Byrd and his firm declined to contest Eric’s contentions regarding the settlement. The district court held a hearing for specific enforcement of the settlement and found that all …

Keeping Track Of Care: Quality And Technology At Lifebridge Health System (Baltimore), Judith Moore

National Health Policy Forum

This one-day site visit focused on quality and technology in acute, post-acute and long-term care at Sinai Hospital and Levindale Hebrew Geriatric Center and Hospital, both components of LifeBridge Health System in Baltimore. Participants traced the treatment paths of hypothetical cardiac and cancer patients through the hospital and explored the range of home- and community-based as well as institutional care available through the geriatric center. The role of clinical information technology was highlighted in both settings.

7th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2005, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Safe Harbor Agreement—Boon Or Bane?, Sylvia Mercado Kierkegaard

Washington Journal of Law, Technology & Arts

U.S. businesses that handle personal information about individuals living in European Union countries should be aware that, as a general rule, it is unlawful for them to transfer that data out of the European Union to the United States. Exceptions to this general prohibition apply in specified circumstances, that is, where there is consent to the transfer or where there is some assurance that U.S. businesses will comply with the transfers requirements of EU privacy laws when handling that information. These restrictions apply to U.S. businesses that have employees or customers in EU countries, as well as U.S. businesses that …

Pop Goes The Trademark? Competitive Advertising On The Internet, Kendall Bodden

Washington Journal of Law, Technology & Arts

The rights and obligations of online advertisers are uncertain in light of recent technological developments. There is not yet a consensus regarding the application of existing advertising law doctrines to the use of trademarks to trigger search result ads or “pop-up” ads on the Internet. However, the developing majority position will allow trademark-triggered ads that properly identify their source, and who’s content is not confusing to consumers. In addition, pending legislation may restrict or even outlaw adware.

Aug 2, 2005, Ifc Consultation Advisory No.9, David Wofford, Corrie Shanahan

IFC E&S Performance Standards

No abstract provided.

Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein

George Mason University School of Law Working Papers Series

This paper is a critique of Margaret Berger and Aaron Twerski, “Uncertainty and Informed Choice: Unmasking Daubert”, forthcoming the Michigan Law Review. Berger and Twerski propose that courts recognize a cause of action that would allow plaintiffs who claim injury from pharmaceutical products, but who do not have sufficient evidence to prove causation, to recover damages for deprivation of informed choice. Berger and Twerski claim inspiration from the litigation over allegations that the morning sickness drug Bendectin caused birth defects. Considering the criteria Berger and Twerski suggest for their proposed cause of action in the context of Bendectin, it appears …

Will Wi-Fi Make Your Private Network Public? Wardriving, Criminal And Civil Liability, And The Security Risks Of Wireless Networks, Anita Ramasastry, Jane Winn

Washington Journal of Law, Technology & Arts

Wireless networking is growing in popularity because it is often cheaper and more convenient than other computer networking systems. Wireless networks, however, are also very hard to secure. Locating insecure wireless networks and advertising their locations is an activity known as “wardriving.” Exploiting the vulnerability of a wireless network to hack into the computer system or to monitor the wireless transmissions can give rise to liability under federal felony and misdemeanor statutes, as well as federal civil liability and liability under state law private causes of action. When introducing wireless networking into business information systems, system administrators should use all …

A Few Degrees Off The Mark: Miniature Missteps That Can Render The Safe Harbors Of The Dmca Inaccessible, Nicole J. Nyman

Washington Journal of Law, Technology & Arts

The term Internet Service Provider (“ISP”), as defined by the Digital Millennium Copyright Act (“DMCA”), includes virtually any online service. These services are eligible for safe harbor protections under the DMCA when they fulfill certain enumerated requirements. However, minor missteps can leave ISPs unprotected and exposed to liability for copyright infringement. This Article will discuss, through a survey of recent cases, several such mistakes made by ISPs and tips to avoid them.

Comparative Law: Alcohol, Drug Abuse & Jurisprudence From The United States To Korea, Hyun J. Cho

LLM Theses and Essays

Human beings have struggled against alcohol and drug addiction since the beginning of history. All kinds of possible ways have been used to treat addicts effectively, such as segregation, whipping, sterilization, or execution. Like the ancient methods used to treat the disabled, these methods used to treat alcoholic and drug addicts stemmed mainly from ignorance and prejudice. Through trial and error, a fresh approach of treating alcoholism and drug addiction as a disease has emerged. This new perspective has created drug courts and a movement called Alcoholics Anonymous that have shown successful results, in helping create greater protection under the …

How Many Kicks At The Cat? Multiple Settlement Protests By Class Members Who Have Refused To Opt Out, Nicholas Barnhorst

ExpressO

No abstract provided.

Rev. Proc. 2005-24 And The Upc Elective Share, Lawrence W. Waggoner

Law & Economics Working Papers Archive: 2003-2009

This article discusses Revenue Procedure 2005-24, which came as a bombshell to the estate-planning bar. The Rev. Proc. requires a spousal waiver of elective-share rights in order for a charitable remainder annuity trust (CRAT) or a charitable remainder unitrust (CRUT) created on or after June 28, 2005, to qualify for a charitable deduction. The elective share is a statutory provision common to most probate codes in non-community-property states that protect a decedent’s surviving spouse against disinheritance.

The Rev. Proc. is primarily though apparently not exclusively addressed to the elective share of the Uniform Probate Code (UPC). Unfortunately, the Rev. Proc. …

The Forum (Volume 35, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Bulletin Of The University Of Notre Dame The Law School 2005–06, Volume 101, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

The Integration Of Tax And Spending Programs, David A. Weisbach

Occasional Papers

No abstract provided.

Creative Commons And The New Intermediaries, Michael W. Carroll

Working Paper Series

This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …

Mental Disorders And The Law, Richard Redding

Working Paper Series

This chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues.

Achieving "Readiness" In Medi-Cal's Managed Care Expansion For Persons With Disabilities: Issues And Process, Sara J. Rosenbaum, Sara E. Wilensky, Peter Shin

Health Policy and Management Faculty Publications

This Policy Brief examines issues that can be expected to arise as California moves to significantly expand the use of mandatory managed care arrangements for Medi-Cal enrollees with disabilities. This analysis is based on information gleaned from more than a decade of Medicaid managed care specification analyses for the federal government and private funders, focusing on both the general beneficiary population and persons with chronic illnesses and disabilities. This Policy Brief also reflects experiences in furnishing technical assistance to state purchasers and in developing model managed care purchasing specifications for both general and special needs managed care populations for both …

Michigan Court Improvement Program Reassessment, Muskie School Of Public Service

Children, Youth, & Families

The Michigan Court Improvement Program was required to conduct a reassessment of its laws and performance and to adopt a strategic plan to further improve its handling of child protection cases. The Muskie School of Public Service, Cutler Institute for Child and Family Policy, and the American Bar Association’s Center for Children and the Law contracted with Michigan’s State Court Administrative Office to conduct the Reassessment. This report represents the results of the reassessment study.

Patent Policy Adrift In A Sea Of Anecdote: A Reply To Lichtman, Michael J. Meurer, Craig Allen Nard

Faculty Scholarship

We enjoyed reading and thinking about Doug Lichtman's response to our article on the doctrine of equivalents (DOE), especially his eloquent formulation of the essential policy issues. Apparently, the three of us share roughly the same approach to economic analysis of the DOE. Nevertheless, Lichtman fears we have overestimated the skill of patent attorneys and lost track of the crucial role the DOE plays in augmenting patent scope and bolstering incentives to invent. We write this reply to highlight two largely empirical questions that we disagree about, and explain how these disagreements lead us to very different policy conclusions.

Vol. Vi, Tab 38 - Ex. 31 - Survey Of Rosetta Stone Brand Health, Rosetta Stone

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?

Partial Ban On Plea Bargains, Oren Gazal

Law & Economics Working Papers Archive: 2003-2009

The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …