Law Commons^™

Duty To Fill? Threats To Pharmacists’ Professional And Business Discretion, Erica L. Norey

NYLS Law Review

No abstract provided.

Guiry V. Goldman, Sachs & Co., Adam B. Hahn

NYLS Law Review

No abstract provided.

Goldstein V. Sec, Elizabeth A. Veit

NYLS Law Review

No abstract provided.

Introduction, Arthur S. Leonard

NYLS Law Review

No abstract provided.

New Jersey’S Civil Union Law: A Constitutional “Equal” Creates Inequality, Thomas H. Prol

NYLS Law Review

No abstract provided.

A Well-Founded Fear Of Having My Sexual Orientation Asylum Claim Heard In The Wrong Court, Paul O'Dwyer

NYLS Law Review

No abstract provided.

Informed Consent For Routine Infant Circumcision: A Proposal, David Solomon

NYLS Law Review

No abstract provided.

Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel

NYLS Law Review

No abstract provided.

Rocks, Hard Places, And Unconventional Domestic Violence Victims: Expanding Availability Of Civil Orders Of Protection In New York, Sarah E. Warne

NYLS Law Review

No abstract provided.

In Re Simone D., Erin E. Martin

NYLS Law Review

No abstract provided.

Is Silence Really Golden - Assumption And Assignment Of Intellectual Property Licenses In Bankruptcy, Neil S. Hirshman, Michael G. Fatall, Peter M. Spingola

UC Law Business Journal

A debtor-licensee often desires to assume or assume and assign intellectual property licenses to which it is a party-an action to which the non-debtor licensor may object. This article examines a debtor-licensee's ability to assume and assign such licenses in the context of bankruptcy. Courts that have considered the issue have held that, notwithstanding the general authority granted under 11 U.S.C. § 365, consent is likely required before a debtor-licensee can assume and assign a non-exclusive patent license, copyright license, or a trademark license if any such license contains an express restriction on assignment or is silent on the issue. …

Questioning The Per Se Standard In Cases Of Concerted Monopsony, Alan Devlin

UC Law Business Journal

Instances in which purchasers collude to depress price raise complex enforcement issues if one adheres literally to the widely accepted consumer welfare standard in antitrust analysis. One might imagine that reduced input costs above will translate into lower prices below. However, in-depth economic analysis reveals a counter-intuitive insight: the reduction in price upstream may lead to an inefficient supply-side substitution in production, resulting in higher levels of marginal cost and, hence, downstream prices. Whether downstream harm to consumers ultimately transpires depends on a host of variables including the price elasticity of demand facing sellers in the downstream market, the upstream …

Securing Derivatives Obligations With California Real Estate - Selected Enforcement Issues, William L. Harvey

UC Law Business Journal

California's complex real estate security laws have long presented challenges to real estate-secured creditors, which have resulted in a deep and rich body of case law. Nevertheless, derivatives creditors wishing to use California real estate as collateral must face, without the benefit of definitive case law guidance, a variety of unique and novel legal issues. It is anticipated that such case law guidance, when it arrives, will give due consideration to the special documentation and policy issues surrounding derivatives and, having done so, conclude that close-out netting does not contravene section 726's security-first rule, and that section 2924c does not …

Bursting The Speculation Buying Bubble: Modifications To The Capital Gains Provision And The 1031 Exchange Rule, Catherine L. Pollina

UC Law Business Journal

The United States' commercial real estate market has been a booming business for the last few decades. Presently, real estate prices are growing faster than the economy itself, and this existing investment climate has led to a potentially dangerous trend of speculative buying. This note addresses the economic hazards of this trend, then proposes a modification of the tax code dealing with commercial real property as an effective remedy for the current situation. This note explores the intended economic effects of the remedy and explains why it will be effective in moderating speculative buying in the United States.

Table Of Contents, Volume 5, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Five, Issue Number Two.

Human Zoning: The Constitutionality Of Sex-Offender Residency Restrictions As Applied To Post-Conviction Offenders, Ryan Hawkins

The University of New Hampshire Law Review

[H]igh recidivism rates shows that the threat of jail time alone is not sufficient to curb sex crimes. With this in mind, legislators sought to find other ways that would protect potential victims. Community notification laws were the first policy to be implemented. Community notification methods included press releases, flyers, phone calls, door-to-door contact, neighborhood meetings, and Internet sites, which informed citizens of the name, location, and/or other information of persons who had been convicted of sex crimes.

Part II of this note will describe current sex-offender restrictions in place across the country. Part III will provide a constitutional analysis …

The Core Plan Or How I Learned To Stop Worrying And Love The Central City: Shifting Control Of Regional Mass Transit To The Central City, Jeffrey Baltruzak

The University of New Hampshire Law Review

[Excerpt] “Mass transit in the United States is moribund: it plays a meaningful transportation role in only a handful of American regions. It is clear that the status quo—where state-created special-purpose districts (SPDs) provide limited regional mass transit options and new mass transit construction progresses at a glacial pace—is a colossal failure. This failure necessitates a new model of mass transit ownership and management. It is time for the region’s central city to own and operate the region’s mass transit system extraterritorially, free from significant control by the outer cities (the suburbs) and the state. This article calls this arrangement …

Mapping Alimony: From Status To Contract And Beyond, Gaytri Kachroo

The University of New Hampshire Law Review

[Excerpt] “With the introduction of no-fault divorce, one spouse could unilaterally petition for divorce, in most states, by demonstrating a period of separation or the impossibility of reconciliation. The possibility that a marriage can be dissolved without a showing of fault has obliterated the need to seek consent from the other spouse contesting it. This can preclude the need for a mutually designed financial arrangement. Courts now play a greater role in such financial arrangements and are more likely to conform such financial arrangements to statutory standards. From state to state, despite the prevalence of such conforming by courts, resulting …

Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio

UC Law SF Journal on Gender and Justice

For battered women who are forced to kill their attackers, unequal treatment by the law and gendered modes of punishment often lead to unfair convictions and sentences. In a study conducted by the Michigan Battered Women's Clemency Project, startling levels of discrimination in the courts against women who were victims of domestic violence were revealed. In this study, victims of domestic violence had higher conviction rates and longer sentences than all other defendants charged with homicide. The criminal and legal systems have failed to protect battered women from being killed or being forced to kill. Clemency remains the only hope …

Emerson Family Values: Claims To Duration And Renewal In American Narratives Of Divorce, Love And Marriage, Mae Kuykendall

UC Law SF Journal on Gender and Justice

Themes in American family life contain contradictions between a public narrative of duration and a private narrative of renewal. This seeming conflict in values, in combination with a high divorce rate, might be thought to indicate that the marital vows are a culturally hollow ceremony. In fact, Americans' disposition in matters of family seemingly to waver between vows of duration and belief in renewal can be accounted for as well as given moral weight by the thinking and influence of Ralph Waldo Emerson. Dismissed at times as an idealist, a proponent of unthinking American individualism, and an irresponsible wordsmith, Emerson …

Franklin M. Fisher, Et Al., Liquid Assets: An Economic Approach For Water Management And Conflict Resolution In The Middle East And Beyond, Kathleen Potter

Water Law Review

No abstract provided.

The Whole Is Not Always Greater Than The Sum Of Its Parts: A Call For Stricter Regulation Of Post-Mortem Human Tissue, Megan A. Scanlon

Richmond Journal of Law and the Public Interest

This paper examines the current law and urges the greater regulation of the post-mortem human tissue industry. Part II illustrates the many post-mortem uses of the human body. Part III describes several post-mortem misuses and abuses of donor cadavers, organs and tissue resulting from a gap in current regulation. Part IV lays out the entities involved in the oversight of the tissue banking industry and explains the current state of regulation, including pending legislation and its potential effectiveness in addressing past shortcomings. Part V examines why the current and pending legislation does not adequately address the industry problems and urges …

Wasatch County, A Body Politic Of The State Of Utah V. E. Ray Okelberry, Brian Okelberry, Eric Okelberry, West Daniels Land Association, Utah Division Of Wildlife Resources, : Amicus Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Writ of Certiorari from the Ruling of the Utah Court of Appeals in Wasatch County v. Okelberry, 2006 UT App 473, 153 P.3d 745

State Of Utah V. Russell David Harry : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Sharon Williams And Lynn Williams V. Stags Car Club : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Sharon Williams And Lynn Williams V. Stags Car Club : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT WEBER COUNTY, STATE OF UTAH The Honorable ERNEST W. JONES, Presiding Trial Court Case No. 060900323

Jeffrey R. Gittins V. Smithfiled City : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the First Judicial District Court, Cache County, Judge Gordon J. Low

State Of Utah V. Bridget Marie Hughes : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Sentence, Judgment, Commitment, entered on March 16, 2007 in the Second District Court, Davis County, the Honorable Glen R. Dawson, presiding.

State Of Utah V. Steve Wallace Carter : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

THIS APPEAL IS FROM A JUDGMENT, SENTENCE AND COMMITMENT PLEA AND SUBSEQUENT SENTENCING TO WITH POSSESSION WITH THE INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE WITH AN ENHANCEMENT FOR HAVING A PRIOR CONVICTION, A THIRD DEGREE FELONY, AND POSSESSION OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR AND WAS SENTENCED A TERM OF ZERO TO FIFTEEN YEARS AT THE UTAH STATE PRISON, IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE MICHAEL D. LYON PRESIDING.

DEFENDANT IS CURRENTLY INCARCERATED AT THE UTAH STATE PRISON.

State Of Utah V. Jack Wilkinson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for one count of possession of a controlled substance (methamphetamine) in a drug-free zone, a second degree felony, and possession of drug paraphernalia, a class A misdemeanor, in the Fourth Judicial District Court of Utah, Utah County, the Honorable Samuel McVey, presiding.