Law Commons^™

Letter To Clerk Of Court Re: Ronald Jackson, Roger J. Miner '56

Correspondence

No abstract provided.

Summary Of Rivero V. Rivero, 124 Nev. Adv. Op. No. 84, Lindsay Demaree

Nevada Supreme Court Summaries

Petition for rehearing of Rivero v. Rivero and appeal from a district court post-divorce decree order modifying a joint child custody award. Rehearing denied, opinion withdrawn, affirmed in part, reversed in part, and remanded.

August 26, 2009: Getting Out By Going In, Bruce Ledewitz

Hallowed Secularism

Blog post, “Getting Out by Going In“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Stimulus Bill Implementation: Expanding Meaningful Use Of Health It, Rob Cunningham

National Health Policy Forum

The American Recovery and Reinvestment Act authorizes an estimated $38 billion in incentives and supports for health information technology (IT) from 2009 to 2019. After years of sluggish health IT adoption, this crisis-driven investment of public funds creates a unique opportunity for rapid diffusion of a technology that is widely expected to improve care, save money, and facilitate transformation of the troubled U.S. health system. Achieving maximal effect from the stimulus funds is nevertheless a difficult challenge. The Recovery Act strengthens the federal government’s leadership role in promoting health IT. But successful adoption and utilization across the health system will …

August 21, 2009: God Is God, Bruce Ledewitz

Hallowed Secularism

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

The Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, Carolyn Shapiro

All Faculty Scholarship

In their confirmation hearings, Chief Justice Roberts and Justice Sotomayor both articulated a vision of the neutral judge who decides cases without resort to personal perspectives or opinions, in short, without ideology. At the other extreme, the dominant model of judicial decisionmaking in political science has long been the attitudinal model, which posits that the Justices’ votes can be explained primarily as expressions of their personal policy preferences, with little or no role for law, legal reasoning, or legal doctrine.

Many traditional legal scholars have criticized such scholarship for its insistence on the primacy of ideology in judicial decisionmaking, even …

Eurocom Dbs V. Bezeq, Esther Hayut, Eliezer Rivlin, Elyakim Rubinstein

Translated Opinions

Facts: Bezeq, the Israel Telecommunications Corporation Ltd., held 49.78% of the shares of “Yes” D.B.S. Satellite Services (1998) Ltd. Another 32.6% of the Yes shares are held by Eurocom D.B.S Ltd. Yes is one of only two providers in the multi-channel television broadcast infrastructure market and in the multi-channel television broadcasting market. The other multi-channel television provider in the market is “Hot”. Bezeq is a public company licensed to provide internal fixed line services, including fixed line telephony and Internet infrastructure. Bezeq also provides the public with a wide variety of communications services through its subsidiary and affiliated companies, …

Appeal No. 0812: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And D & L Energy, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision Granting Permit (D&L Energy, Inc.)

August 19, 2009: What The Healthcare Debate Says About America, Bruce Ledewitz

Hallowed Secularism

Blog post, “What the Healthcare Debate Says About America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Fore! A Heads-Up To Nebraska Real Estate Attorneys After The Skyline Woods Golf Course Case, Daniel J. Hassing

Nebraska Law Bulletin (Selected Issues)

This past December, the Nebraska Supreme Court made a landmark decision in Nebraska real estate law in Skyline Woods Homeowners Ass’n v. Broekemeier.¹ In this decision, for the first time, Nebraska recognized implied restrictive covenants² inferred from a common scheme of development. Such covenants are not recorded expressly in the chain of title, but rather are inferred from a common plan affecting the property and its surroundings. This decision has the potential to set some costly traps for the unwary homebuyer and real estate attorney

This commentary seeks to explain the rationale and importance of the court’s …

Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The United States Supreme Court has granted certiorari in Walton County v. Stop the Beach Renourishment, Inc., where novel questions arose concerning sea level rise and constitutional property rights of beachfront landowners. In Florida, the state government owns in trust, all beach property below the mean high tide water line, while beachfront landowners own the rights to any land above the mean high tide water line. The line shifts along with beachfront as the beach expands and contracts. In this Florida case, landowners challenge a state statute, which precludes the ocean property line from shifting in favor of the private …

Competing In The Federal Race To The Top, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The federal Race to the Top is a national competition between states intended to support education reform and innovation in classrooms. States at the forefront of school reform are eligible to compete for $4.3 billion in Race to the Top grants. Since this is a competitive grant, it is possible that some states will not receive awards, and President Obama assures that “politics won’t come into play.”

What Is Highly Qualified For Arkansas Teachers?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In response to the No Child Left Behind Act of 2001, state departments of education, including the Arkansas Department of Education (ADE), established rules to define a “highly qualified” teacher (HQT). While the spirit of this provision is clear and reasonable, the devil is, of course, in the details. That is, what exactly does highly qualified mean? Observers had good reason to be suspicious early on when many states claimed to have 95% or more of teachers being highly qualified. (For instance, according to Education Commission of the States, 100% of North Dakota teachers are considered highly qualified and 14 …

The Supreme Court’S Impact On Securities Class Actions: An Empirical Assessment Of Tellabs, Adam C. Pritchard, Stephen Choi

Law & Economics Working Papers Archive: 2003-2009

Using a sample of securities fraud class actions filed between 2003 and 2007, we study the impact of a widely-followed Supreme Court decision from that period, Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007). This decision clarified the law with respect to one of the most hotly contested issues in securities litigation: pleading scienter. The Tellabs decision reversed a very lenient Seventh Circuit decision with respect to pleading scienter, but replaced it with a standard that is nonetheless relatively generous to plaintiffs. Looking at opinions resolving motions to dismiss decided before and after that decision, we …

Global Constitutional Lawmaking, Sungjoon Cho

All Faculty Scholarship

Global Constitutional Lawmaking Abstract This article identifies a nascent phenomenon of “global constitutional lawmaking” in a recent WTO jurisprudence which struck down a certain calculative methodology (“zeroing”) in the antidumping area. The article interprets the Appellate Body’s uncharacteristic anti-zeroing hermeneutics, which departs from a traditional treaty interpretation under the Vienna Convention on the Law of Treaties and the past pro-zeroing GATT case law, as a “constitutional” turn of the WTO. The article argues that a positivist, inter-governmental mode of thinking, as is prevalent in other international organizations such as the United Nations, cannot fully expound this phenomenon. Critically, this turn …

Like Sands Through The Hourglass: How To Develop A Good Legal Research Problem, Susan T. Phillips

Faculty Scholarship

Attorneys have a duty to conduct adequate legal research. Law schools have an obligation to educate students in the standard research techniques. To learn research, students must actually perform research using research problems. Therefore, professors must design appropriate problems for students to learn research skills. The first part of this article discusses the fundamentals of developing a research problem. The second part provides examples of research problems with an explanation of their development.

Attempt, Conspiracy, And Incitement To Commit Genocide, Jens David Ohlin

Cornell Law Faculty Publications

In these brief commentaries to the U.N. Genocide Convention, I explore three criminal law modes of liability as they apply to the international crime of genocide. Part I analyzes attempt to commit genocide and uncovers a basic tension over whether attempt refers to the genocide itself (the chapeau) or the underlying offense (such as killing). Part I concludes that the tension stems from the fact that the crime of genocide itself is already inchoate in nature, since the legal requirements for the crime do not require an actual, completed genocide, in the common-sense understanding of the term, but only a …

Commercial Skipping Technology And The New Market Dynamic: The Relevance Of Antitrust Law To An Emerging Technology, Jesse Haskins

Duke Law & Technology Review

Commercial-skipping technology can liberate the consumer and make the television business more competitive. It rose to prominence with the advent of the digital video recorder (DVR), also known as the personal video recorder (PVR). PVRs have helped advertisers reach their target audience more effectively through personalized advertisements, and it has successfully pressured television networks and advertisers to innovate more appealing ways to induce consumers to buy advertised products. But even if this technology fails to enhance the business of television, television networks can still outpace commercial-skipping technology in an arms race. Through competitive pressure, such technology promotes innovation, progress, and …

Suffrage And The Terms Of Labor, Robert J. Steinfeld

Contributions to Books

Published as Chapter 9 in Human Capital and Institutions: A Long Run View, David Eltis, Frank D. Lewis & Kenneth L. Sokoloff, eds.

Great books often harbor deep tensions, which are one source of their enduring power. Time on the Cross by Robert Fogel and Stanley Engerman is a good example (Fogel and Engerman 1974). On the one hand, Time on the Cross argued that the economic science of Cliometrics was indispensable for a proper understanding of the past. Human beings have always been primarily motivated by the desire for gain, and to understand their behavior it is essential to …

Legislative Rhetoric, Or How To Oppose Anything, Steve R. Johnson

Scholarly Publications

This installment of the column involves a change of focus. Instead of looking at the end of the legislative process – how courts interpret enacted statutes – this installment looks at the phase at which bills are enacted by or defeated in the legislature. However, the two phases have underlying similarities. As we will see, arguments used in legislative advocacy have counterparts in statutory interpretation advocacy. Our topic is particularly timely. Proposals to revise state and local tax statutes are always with us, of course, but recent budgetary stresses have increased both the number and significance of those proposals.

This …

Misguided Relief: Unsimplifying The Standard Deduction, Alan L. Feld

Faculty Scholarship

The push to use federal money for benevolent purposes occasionally produces more cost than benefit, particularly when the outlay comes in the form of taxes forgiven. The Housing Assistance Tax Act of 2008 added a supplement to the basic standard deduction. A nonitemizing taxpayer may claim a deduction for real property taxes paid, up to $500, $1,000 in the case of a joint return. Initially, the change applied only to 2008, but subsequent legislation extended its life through 2009, and pending legislation would make it a permanent part of the Code. Although well intentioned, the real property tax provision makes …

August 16, 2009: Religion Dispatches Discusses Netroots Nation Panel On Church And State, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion Dispatches Discusses Netroots Nation Panel on Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Property And Speech In Summum, Joseph Blocher

NULR Online

City of Pleasant Grove v. Summum is, by its own reckoning, a case about government speech under the Free Speech Clause of the First Amendment. Even so, most commentary has justifiably focused on the decision’s implications for another part of the First Amendment: the Establishment Clause. This brief Article addresses yet another feature of Summum—what itdraws from, and says about, the relationship between speech rights and property ownership. This relationship is not only the driving force behind the majority’s opinion, but is also an important tool for understanding government speech in other cases involving government intrusion into speech markets, …

August 15, 2009: Higher Law At Netroots Nation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Higher Law at Netroots Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Cityland – Vol. 6, No. 7, Center For New York City Law

CityLand - 2009

The August 2009 issue of CityLand covers major land use, zoning, and preservation developments in New York City. The City Council approved the Port Authority’s ARC rail station project, rezoning plans for Middle Village/Maspeth, Flatbush, DUMBO, and Greenpoint-Williamsburg, and a modified Coney Island revitalization plan with increased affordable housing and preservation of the Wonder Wheel. The Department of City Planning withdrew its Brighton Beach rezoning proposal due to stakeholder disagreements. Landmark coverage includes final approval of the St. Vincent’s Hospital redevelopment, hearings on the West Park Presbyterian Church and IRT Powerhouse designations, and criticism of a proposed rooftop addition in …

August 13, 2009: Netroots In The City Paper, Bruce Ledewitz

Hallowed Secularism

Blog post, “Netroots in the City Paper“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hall And Monagle Notes For Deposition Of Fr. John Cannon, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

August 12, 2009: Healthcare Trouble In Pennsylvania An Extension Of Clinging To Guns And Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “Healthcare Trouble in Pennsylvania an Extension of Clinging to Guns and Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 10, 2009: New Livestream Address For Friday's Panel, Bruce Ledewitz

Hallowed Secularism

Blog post, “New Livestream Address for Friday's panel“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 9, 2009: Hallowed Secularism At The Netroots Nation Convention, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism at the Netroots Nation Convention“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.