Law Commons^™

Summary Of Hill V. State, 124 Nev., Advance 52, Meredith Holmes

Nevada Supreme Court Summaries

Defendant-Appellant argued that the district court improperly denied his motion to dismiss the grand jury indictment and pretrial petition for writ of habeas corpus based on the State’s failure to report grand jury bias.

Summary Of State V. Dist. Ct. (Pullin), 124 Nev. Adv. Op. No. 54, Katie Maw

Nevada Supreme Court Summaries

This case came to the Court on a petition for a writ of mandamus challenging a district court’s order sentencing the real party in interest pursuant to NRS 193.165 amendments, which were made affective after the crimes in question were committed.

Summary Of Vredenburg V. Sedgwick Cms And Flamingo Hilton-Laughlin, 124 Nev. Adv. Op. No. 53, Holly Ludwig

Nevada Supreme Court Summaries

Vredenburg appeals a district court order denying her petition for judicial review of her workman’s compensation matter. Ø÷

Time For Singapore To Relook Abortion Law, Seow Hon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.

States Of Terror, States Of Consent: Philip Bobbitt's Strategic Transnational Politics For The Twenty-First Century, Kenneth Anderson

Book Reviews

This essay is a book review from the Times Literary Supplement of Philip Bobbitt's widely remarked and admired Terror and Consent. The review compares Bobbitt's unabashedly strategic view of the response of democratic states to terrorism, and contrasts it with more narrowly cost-benefit analysis-driven approaches to responding to terrorism. The review criticizes 'tactical' approaches to terrorism as too focused upon 'event driven catastrophism'. The review considers Bobbitt's analysis of the changing nature of states, and the rise of what he calls the 'market-state'. The essay ends by querying whether the market-state, as Bobbitt conceives it, retains sufficient social capital in …

The Fundamentals Of Medicare Demonstrations, Amanda Cassidy

National Health Policy Forum

Demonstrations are experiments that test Medicare policy changes without permanently changing the Medicare program. They allow policymakers to learn about the potential impact and operational challenges of a proposed modification to Medicare, but in a more controlled environment and on a limited basis. Since demonstrations can affect hundreds of thousands of beneficiaries and providers and involve millions of dollars, they are often controversial. This paper describes the basics of Medicare demonstrations, including what they are, how they are initiated, and why they are undertaken. The paper also explores the relationship between demonstrations and other research projects. The primary challenges in …

Shaping Medicaid And Schip Through Waivers: The Fundamentals, Cynthia Shirk

National Health Policy Forum

The use of waivers has become one of the key vehicles for innovation in Medicaid and the State Children’s Health Insurance Program (SCHIP). This background paper examines the use of research, demonstration, and program waiver authorities to test new approaches to the delivery of and payment for health care and long-term care services. The paper reviews the statutory basis and mechanics of demonstrations and program waivers, as well as their history and political context in shaping Medicaid and SCHIP. It also explores the ways the changing state-federal relationship and the ever-growing demand for state flexibility have driven waiver policy. Finally, …

Petition For Rehearing, Kennedy V. Louisiana, No. 07-343 (U.S. July 21, 2008), Viet D. Dinh, Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Give The Tax Court Transfer Power And Plenary Civil Tax Jurisdiction, Steve R. Johnson

Scholarly Publications

A recent decision again raises questions about the powers that the Tax Court does and should possess. In Mobley v. Commissioner, No. 07-2019 (6th Cir. July 8, 2008), Doc 2008-14970, 2008 TNT 132-13, the Sixth Circuit affirmed a procedural decision of the Tax Court. The Tax Court dismissed a petition because it lacked jurisdiction, and it rejected the taxpayers’ request to transfer the case to a district court. The Tax Court concluded, and the Sixth Circuit agreed, that the Tax Court lacks transfer power. Under 28 U.S.C sections 1631 and 610, the power to transfer cases is conferred only upon …

The Wages Of Originalist Sin: District Of Columbia V. Heller, Jeffrey Shaman

College of Law Faculty

This article analyzes and critiques the Supreme Court’s recent decision in District of Columbia v. Heller, which ruled that that the Second Amendment protects an individual right to possess firearms unconnected with service in a militia. The focus of the article is on Justice Scalia’s majority opinion in Heller, which adheres strictly to an extreme view of originalism holding that the Constitution should be interpreted by ascertaining its original meaning at the time it was adopted. Justice Scalia believes that the Constitution has a static meaning, and that changes in the world around us are of no relevance to constitutional …

What Riegel Portends For Fda Preemption Of State Law Products Liability Claims, Catherine M. Sharkey

NULR Online

No abstract provided.

July 20, 2008: More On The Interfaith Meeting In Spain, Bruce Ledewitz

Hallowed Secularism

Blog post, "More on the Interfaith Meeting in Spain" discusses politics, theology and the aw in relation to religion and public life in the democratic United States of America.

Consent To Harm, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).

Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.

One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and …

Citizen Mccain, Michael I. Meyerson

All Faculty Scholarship

No abstract provided.

Socialization Of Loss, David J. Reiss

Cornell Law Faculty Working Papers

The stated ideology of the Bush era has been that the free markets should run unfettered. In light of the U.S. government's recent intervention with Fannie Mae and Freddie Mac, it is clear that the actual ideology is the privatization of profit and the socialization of loss, at least for huge financial institutions. Our regulatory structure has to address three issues. Financial institutions may be too big, too complex or too politically connected to fail. Fannie and Freddie, unfortunately, are all three.

Heller's Future In The Lower Courts, Brannon P. Denning, Glenn Harlan Reynolds

NULR Online

No abstract provided.

Vol. Xx, Tab 57 - Ex. 16 - Plaintiff's Opposition To Defendant's Motion For Clarification And Brief In Support (American Airlines V. Google), American Airlines

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?

July 15, 2008: Meeting Of Our Religions In Spain, Bruce Ledewitz

Hallowed Secularism

Blog post, “Meeting of Our Religions in Spain “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 17, 2008: Hegel And The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hegel and the wall of separation “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Americans With Disabilities Act And The Ada Amendments Act Of 2008: Hearing Before The S. Comm. On Health, Education, Labor & Pensions, 110th Cong., July 15, 2008 (Statement Of Chai R. Feldblum, Geo. U. L. Center), Chai R. Feldblum

Testimony Before Congress

No abstract provided.

Taking Distribution Seriously, Robert C. Hockett

Cornell Law Faculty Working Papers

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing.

To attend systematically to the inter-translatability of maximization language on …

Cityland – Vol. 5, No. 6, Center For New York City Law

CityLand - 2008

The July 2008 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved a controversial 400-space parking garage in Midtown and landmarked Webster Hall in the East Village. The Planning Commission heard testimony on the Rockaway rezoning plan and reduced the scope of the Hudson Square rezoning. A text amendment was proposed to protect Carroll Gardens from out-of-context development. Landmark hearings included revised plans for St. Vincent’s Hospital and the Domino Sugar Refinery addition, both receiving mixed responses. The Commission also considered landmark status for Chase Manhattan Plaza and NYU’s Silver Towers. …

Shari Burnette V. Chance Wooden Knife, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

A Case For An International Investment Court, Gus Van Harten

All Papers

The article elaborates on the lack of objective guarantees of independence and impartiality in the existing system of investment treaty arbitration. This founds a case for an international investment court to replace the existing system. The argument proceeds in three steps: (1) investment treaty arbitration is uniquely a form of public law adjudication, constituted at the international level; (2) as constituted it does not satisfy standards of independence and impartiality in public law adjudication; and (3) various reasons that might be offered to justify this failing are unsatisfactory in light of the importance of these standards. For this reason, states …

Zappers And Phantomware: Are State Tax Administrators Listening Now?, Richard Thompson Ainsworth

Faculty Scholarship

When the Federation of Tax Administrators (FTA) held a national Compliance and Education Workshop in Louisville, Kentucky (February 25-27, 2001) one of the invited speakers was Kevin Pratt, Manager, Underground Economy, Canadian Customs and Revenue Authority (CCRA). He spoke on Zappers.

To the best of anyone's present recollection, this was the first time zappers had been discussed with a large group of state-level US tax compliance professionals. However, most of the information that the CCRA presented to the FTA in 2001 was not its own - it was derivative. Zapper investigations were not an in-house specialty of the CCRA (although …

Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller

NULR Online

No abstract provided.

Proposed Legislation To Amend The Commodity Exchange Act: Hearing Before The H. Comm. On Agriculture, 110th Cong., July 11, 2008 (Statement Of Mark D. Young, Adjunct Prof. Of Law, Geo. U. L. Center), Mark D. Young

Testimony Before Congress

No abstract provided.

Testimony Before The U.S. House Of Representatives Appropriations Committee, Subcommittee On Agriculture, Rural Development. Food And Drug Administration, And Related Agencies, Regarding The “Commodity Futures Trading Commission”, Michael Greenberger

Congressional Testimony

Testimony before the U.S. House of Representatives Appropriations Committee, Subcommittee on Agriculture, Rural Development. Food and Drug Administration, and Related Agencies on the role of the Commodity Futures Trading Commission’s regulatory efforts Pertaining to excessive speculation within U.S. energy futures markets in general, and futures based on U.S. delivered crude oil contracts.

Testimony Before The U.S. House Of Representatives, Committee On Agriculture - “Potential Excessive Speculation In Commodity Markets: The Impact Of Proposed Legislation", Michael Greenberger

Congressional Testimony

Testimony before the U.S. House of Representatives, Committee on Agriculture. 110th Congress, 2nd Session (July 10-11, 2008).

Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Workers at all levels within an organization have the need to manage their work and personal/family responsibilities. Much of the past research on workplace flexibility has focused on managerial or professional positions, and thus, higher-wage jobs and workers with higher incomes. But more recently, researchers have begun to investigate the particular challenges of workplace flexibility for workers who do not fit this mold -- specifically, workers who are hourly, receive a lowerwage, or who live in lower-income families. Regardless of how they are defined, workers at the lower end of the wage and income spectrum have some unique workplace flexibility …