Law Commons^™

Decent Exposure: The Sec's Lack Of Authority And Restraint In Proposing To Eliminate Flash Trading, David D. Gruberg

University of Miami Law Review

No abstract provided.

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

University of Miami Law Review

No abstract provided.

Upjohn Warnings, The Attorney-Client Privilege, And Principles Of Lawyer Ethics: Achieving Harmony, Grace M. Giesel

University of Miami Law Review

No abstract provided.

Jones V. Harris Associates, L.P.: The Unconflicted Fiduciary , Colleen Del Casino

University of Miami Law Review

No abstract provided.

The Default In Florida's Tort Reform: How Bankruptcy Affects The Meaning Of Financial Responsibility, Stephanie Hauser

University of Miami Law Review

No abstract provided.

Citizens United: How The New Campaign Finance Jurisprudence Has Been Shaped By Previous Dissents, David Axelman

University of Miami Law Review

No abstract provided.

Mind Mapping With Freemind And Mindjet's Mindmanager, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview of ming mapping including how to create outlines, plan projects, and organize ideas with popular mind mapping tools.

Vol. 61, No. 1, September 30, 2010, University Of Michigan Law School

Res Gestae

•Dean Z Speaks •Zach Letter Law •Trivial Pursuit of Justice •Law and Lit •The Ex-Pat Perspective •Trespassing with Felix •Kicking It Old School •Grade Curves

September 30, 2010: Ignorant Of Religion But Believing In God, Bruce Ledewitz

Hallowed Secularism

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

Venus In Furs: Why False Confessions Are True, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature of truth and false confessions in the context of confession and interrogation.

High School End-Of-Course Exams Show Proficiency Gains For 2010, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In July, the ADE released results for the 2009-10 end-ofcourse (EOC) exams given in Algebra I, Geometry, and Biology administered in April 2010. These results followed the Grade 11 Literacy results released in June. First, we present statewide 2010 results compared to last year. Second, test scores are examined across the state by districts' region, poverty level, and size. Third, we consider the performance of Arkansas students on other assessments to see if these results are consistent with EOC results.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Reply Brief. Staub V. Proctor Hospital, 562 U.S. 411 (2011) (No. 09-400), 2010 U.S. S. Ct. Briefs Lexis 1916, Patricia Ann Millet, Eric Schnapper, Julie L. Galassi

Court Briefs

No abstract provided.

Health Insurance Politics In Federal Court, Wendy K. Mariner, George J. Annas

Faculty Scholarship

Having been outmaneuvered in Congress with the passage of the Patient Protection and Affordable Care Act (“Affordable Care Act,” or ACA), Republicans have taken their case to federal court, arguing that the law's key provision, the individual mandate to purchase health insurance, is unconstitutional. This argument has been made most prominently by attorneys general from 20 states in a Florida federal court and by the Commonwealth of Virginia in a Virginia federal court. In early August, federal district court judge Henry Hudson decided that the Virginia challenge deserves a hearing,1 thereby giving the constitutional argument an aura of respectability …

Salazar V. Buono: The Perils Of Piecemeal Adjudication, Lisa Shaw Roy

NULR Online

The recent U.S. Supreme Court decision in Salazar v. Buono, a case involving a Latin cross placed on federal land in the Mojave Desert by the Veterans of Foreign Wars, approaches what many would assume to be the central issue in the case from an oblique. Does the Mojave Desert cross, sitting atop Sunrise Peak in a federal park preserve, violate the Establishment Clause of the First Amendment? Neither Justice Kennedy’s plurality opinion nor any of the concurring or dissenting opinions in Salazar answers that question. Salazar’s complicated web of facts and procedural history precluded the Court from …

Summary Of Rio All Suite Hotel & Casino V. Phillips, 126 Nev. Adv. Op. No. 34, Cayla Witty

Nevada Supreme Court Summaries

Rio All Suite Hotel & Casino (“Rio”) and a third-party administrator appealed to district court a finding that Kathryn Phillips (“Phillips”), a Rio employee who fractured her ankle on a staircase during the course of her employment, was entitled to workers‟ compensation. The district court entered an order denying Rio‟s petition for judicial review. At issue is the standard applied to determine whether an employee seeking workers‟ compensation benefits has demonstrated that her injury “arose out of” her employment under NRS 616C.150(1) when her injury was caused by a neutral risk.

Reply Brief For Petitioner - Suquamish Indian Tribe V. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.

Appeal No. 0822: Lawrence & Shalyne Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance, Hoseph #1D Well (Everflow Eastern Partners, L.P.)

The Primary Care Safety Net: Strained, Transitioning, Critical, Jessamyn Taylor

National Health Policy Forum

This background paper examines the primary care safety net. It describes key primary care safety net providers, including federally qualified health centers, free clinics, local health departments, and safety net hospital outpatient departments and clinics, among others. The paper also explores the changing role of the primary care safety net in a post–health reform marketplace.

Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

Child, Family, State, And Gender Equality In Religious Stances And Human Rights Instruments: A Preliminary Comparison, Linda C. Mcclain

Faculty Scholarship

The UN Convention on the Rights of the Child (CRC) recently began its third decade. Why has the United States still not ratified the CRC, celebrated as the most widely ratified international human rights treaty in history? Once again, this question is on the table: Congressional resolutions that President Obama should not transmit the CRC to the Senate for advice and consent rapidly followed intimations that the Obama Administration had some qualms about the U.S. keeping company only with Somalia in not ratifying it. Some scholars contend that enlisting the unique resources of religions would help to ground a culture …

Private Ordering And Orphan Works: Our Least Worst Hope?, Keith Porcaro

Duke Law & Technology Review

The political capture of copyright law by industry groups has inadvertently led to orphan works problems arising in less organized industries, such as publishing. Google Book Search (GBS) is a prime example of how private ordering can circumvent legislative inefficiencies. Digital technologies such as GBS can open up a new business model for publishers and other content industries, centered around aggregated rights holdings. However, the economic inertia that private ordering represents may pose a threat to the knowledge-oriented goals of copyright law.

Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer

Duke Law & Technology Review

Public school teachers have little opportunity for redress if they are dismissed for their activities on social networking websites. With the exception of inappropriate communication with students, a school district should not be able to consider a public educator’s use of a social networking website for disciplinary or employment decisions. Insisting that the law conform to twenty-first century social norms, this iBrief argues that the law should protect teachers’ speech on popular social networking websites like Facebook and MySpace.

Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford

Cornell Law School J.D. Student Research Papers

This article reviews Max Weber’s scholarly work pertaining to property, beginning with his first dissertation and ending with the compilation that is Economy and Society. Three phases of Weber’s work are described in detail: a legal phase, an economic-historical phase, and a sociological phase. It is argued that the sociological phase represents the culmination of the two prior phases, drawing on material and arguments from those earlier phases. In the sociological phase of his writing, it is argued that Weber developed a theory of property that is capable of accounting for that phenomenon in all of its dimensions: structural, material, …

High Hopes: Public Health Approaches To Reducing The Need For Health Care, Michele J. Orza

National Health Policy Forum

Driven in part by a desire to contain health care costs, policymakers are looking beyond medical care for opportunities to reduce the need for expensive services. This paper briefly reviews current public health concepts and strategies for improving health that emphasize nonmedical factors such as behavior, socioeconomic status, and environment. It also provides examples of how these concepts and strategies undergird many of the public health provisions of the Patient Protection and Affordable Care Act, other legislation, and several programs and initiatives. These concepts include prevention, health in all policies, global health, the One Health Initiative, and climate change and …

Vol. 39, No. 05 (September 27, 2010)

Indiana Law Annotated

No abstract provided.

Red Mass Invitation 2010, Notre Dame Law School

The Red Mass

Most Rev. Kevin C. Rhoades, Bishop of Fort Wayne-South Bend, the Notre Dame Law School and the members of the Red Mass Committee request the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges, law students and civil government officials at the Basilica of the Sacred Heart on Sunday, September 27, 2010 at 5:15 PM.

The celebration of this ancient rite in which God's blessing is asked on all those who serve the law will be followed by a reception at the LaFortune Student Center Ballroom.

The Intel And Microsoft Settlements, Robert H. Lande

All Faculty Scholarship

This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.