Law Commons^™

State Of Ohio V. Brian Jones, Richard Ziegler

Amicus Briefs

No abstract provided.

May 18, 2008: C.S. Lewis And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “C.S. Lewis and Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Professor Anthony J. Bellia, Jr., Diploma Ceremony Address, Anthony J. Bellia

Commencement Programs

An Excerpt From

“Reflect a Great Light”

Notre Dame Law School Diploma Ceremony Address Anthony J. Bellia, Jr., Teacher of the Year May 18, 2008

Read the entire speech here.

163rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

163rd Commencement and Mass Program

Saturday, May 17, 2008

Creating A Public Plan For New York’S Great Lakes Offshore Wind Power: A Strategy For Energy And Economic Development, Dwight E. Kanyuck, Robert S. Berger

Other Scholarship

This report evaluates the legal and policy considerations required for developing the energy resource of New York's Great Lakes Offshore Wind (NYGLOW). The potential economic development, environmental and energy benefits of NYGLOW are discussed and a strategy for siting, environmental review, and incentives to gain public acceptance and attract significant investment in NYGLOW is recommended, drawing on approaches used for developing Offshore Wind elsewhere in North America. The approaches of New Jersey, Texas, and Ontario are examined in some detail. In addition, the Quebec Provincial economic development model of purchasing wind power and requiring a local manufacturing component is discussed. …

Rwu School Of Law Commencement (May 16, 2008), Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

May 15, 2008: David Brooks--The Neural Buddhists, Bruce Ledewitz

Hallowed Secularism

Blog post, “David Brooks--The Neural Buddhists“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Cityland – Vol. 5, No. 4, Center For New York City Law

CityLand - 2008

The May 2008 issue of CityLand covers major land use and development initiatives across New York City. Highlights include the City Council’s approval of the 125th Street rezoning plan in Harlem, with modifications to address affordable housing and displacement concerns. The issue also reports on proposed zoning changes in Hudson Square, the certification of the Willets Point redevelopment plan, and revisions to the Coney Island rezoning. Landmark coverage includes the controversial MoMA tower proposal and St. Vincent’s Hospital expansion in Greenwich Village. The Economic Development Corporation announces RFPs for redevelopment projects at Bellevue Hospital, Kingsbridge Armory, and Stillwell Avenue in …

Summary Of Hamm V. Arrowcreek Homeowner’S Ass’N, 124 Nev. Adv. Op. No. 28, Airene Haze

Nevada Supreme Court Summaries

Appeal from a district court order dismissing homeowner’s action that sought to release a homeowner’s association lien. Under NRS 383.10, the district court must dismiss any dispute arising from the interpretation, application, or enforcement of homeowner’s associations’ covenants, conditions, and restrictions (CC&R) if the parties did not first submit to mediation or arbitration. This statute, however, does not apply to actions for injunctive relief involving “immediate threat of irreparable harm, or action[s] relating to the title to residential property.”

Summary Of Stockmeier V. Nevada Department Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig

Nevada Supreme Court Summaries

Stockmeier appeals the district court’s order dismissing his claim for damages against the Department of Corrections for violating the Nevada Open Meeting Law.

Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes

Nevada Supreme Court Summaries

Appellant Whitemaine had concurrent employment contracts with Bank of America Investment Services, Inc. (BAIS) and Bank of America, N.A. The BAIS contract contained a provision requiring appellant to arbitrate any dispute related to her employment. The Bank of America contract contained no arbitration clause, but contained an integration clause. The issue in this case was whether two employment contracts can constitute a single agreement when one of them contains an integration clause.

Should Fda Drug And Medical Device Regulation Bar State Liability Claims?: Hearing Before The H. Comm. On Oversight And Government Reform, 110th Cong., May 14, 2008 (Statement Of Professor David C. Vladeck, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

No abstract provided.

Haifa University V. Oz, Esther Hayut, Miriam Naor, Dorit Beinisch

Translated Opinions

Facts:  The petitioner employed respondents 1-3 (hereinafter – the respondents) as lecturers in the Theatre Department. Against the background of complaints concerning the management of the department, an Investigative Committee was established, which decided not to renew the employment of respondents 2-3 and to transfer respondent 1 to another department. The Regional Labour Court rejected the respondent's request to order the petitioner to provide them with all of the material relied upon by the Committee, including protocols and testimony, ruling that the material they had received sufficed to allow for an adequate response on the respondents' part to the claims. …

May 13, 2008: The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Technological Due Process, Danielle Keats Citron

Faculty Scholarship

Distinct and complementary procedures for adjudications and rulemaking lie at the heart of twentieth-century administrative law. Due process required agencies to provide individuals notice and an opportunity to be heard. Agencies could foreclose policy issues that individuals might otherwise raise in adjudications through public rulemaking. One system allowed focused advocacy; the other featured broad participation. Each procedural regime compensated for the normative limits of the other. Both depended on clear statements of reason.

The dichotomy between these procedural regimes has become outmoded. This century’s automated decision-making systems collapse individual adjudications into rulemaking while adhering to the procedural safeguards of neither. …

An Evaluation Of The Need For And Functioning Of The Federal Sentencing Guidelines In The United States And Nigeria, Victoria T. Kajo

Cornell Law School Inter-University Graduate Student Conference Papers

The United States Federal Sentencing Guidelines, in use since 1987, was set up to reduce disparity in sentencing and its application was made mandatory. Though there are a few who are in favor of the guidelines, the guidelines as mandatory have been severely criticized and many have called for their abolition. Consequently, in the twin cases of United States v. Booker and United States v. Fanfan (2005) 125 S.Ct. 738, the US Supreme Court delivered judgment that had the effect of making the guidelines discretionary.

While the Nigerian legal system shares a Common Law background with the United States, Nigeria …

Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke

Law Faculty Reports and Comments

The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.

May 11, 2008: When Bad Theology Happens To Good People, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Bad Theology Happens to Good People“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Taxation Of Virtual Assets, Scott Wisniewski

Duke Law & Technology Review

The development of vast social networks through Massively Multiplayer Online Role-Playing Games has created in-game communities in which virtual assets have real-world values. The question has thus arisen whether such virtual assets are legal subjects of taxation. This iBrief will detail and discuss the various exclusions to taxable income, and analyze their application to the possibility of creating potential tax liability based on in-kind exchanges of virtual assets.

Waterboarding Is Illegal, Wilson R. Huhn

Akron Law Faculty Publications

In his 2007 confirmation hearing before the Senate Judiciary Committee considering his nomination to be Attorney General of the United States, Judge Michael Mukasey refused to address the legality of waterboarding. In my opinion there is no reasonable dispute about this matter. The laws of the United States make waterboarding unlawful in no uncertain terms.

May 8, 2008: Church-State Talk To Pittsburgh Aclu, Bruce Ledewitz

Hallowed Secularism

Blog post, “Church-State Talk to Pittsburgh ACLU“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Bob Allyn Masonry V. David Murphy, 124 Nev. Adv. Op. No 27, Tyler Ure

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Las Vegas Fetish & Fantasy V. Ahern Rentals, 124 Nev. Adv. Op. No. 26, Tyler Ure

Nevada Supreme Court Summaries

Appeal from a district court grant of summary judgment and an award for costs and attorney fees in a contract action.

A Rodent In Robes, Donald E. Wilkes Jr.

Popular Media

Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …

May 6, 2008: The Need For Religious Training For The Young, Bruce Ledewitz

Hallowed Secularism

The Need for Religious Training for the Young

From The Department Of Justice To Guantanamo Bay; Administration Lawyers And Administration Interrogation Rules, Part I: Hearing Before The Subcomm. On The Constitution, Civil Rights And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., May 6, 2008 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban

Testimony Before Congress

Government lawyers have an awesome responsibility. Office of Legal Counsel opinions bind the entire executive branch. They have the force of law inside that branch. The idea that unelected lawyers are writing secret legal opinions that spin the law makes a mockery of democratic government. It means the executive branch is governed by a secret constitution - a constitution written by activist lawyers instead of the constitution written by the Framers.

Without getting too deeply into technicalities which, quite frankly, only a lawyer could love, let me summarize in a bit more detail just how spun the torture memos were.

Issue 5: Table Of Contents

University of Richmond Law Review

No abstract provided.

Summary Of Father & Sons & A Daughter Too Vs. Transp. Servs. Auth. Of Nev., 124 Nev. Adv. Op. 24, Danielle Tarmu

Nevada Supreme Court Summaries

Consolidated appeal from a district court order denying Father & Sons & a Daughter Too’s (FSD2) petition for judicial review regarding citations for two violations of NRS 706.386. The Court holds that FSD2 had held itself out to be a common motor carrier and substantial evidence supported the determination that it had violated NRS 706.386.

May 4, 2008: The May 7 Evangelical Manifesto, Bruce Ledewitz

Hallowed Secularism

The May 7 Evangelical Manifesto

2008 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.