Law Commons^™

Governmental Public Health: An Overview Of State And Local Public Health Agencies, Eileen Salinsky

National Health Policy Forum

The Patient Protection and Affordable Care Act significantly expands federal support for community prevention and public health. This paper describes the governmental public health infrastructure at both the state and local level in terms of organizational structure, activities, financing, workforce, partnerships, and performance improvement efforts.

The Price Of Pay To Play In Securities Class Actions, Stephen Choi, Drew T. Johnson-Skinner, Adam C. Pritchard

Law & Economics Working Papers

This paper studies the effect of campaign contributions to lead plaintiffs — “pay to play’’ — on the level of attorneys’ fees in securities class actions. We find that state pension funds generally pay lower attorneys’ fees when they serve as lead plaintiffs in securities class actions than do individual investors serving in that capacity. This differential disappears, however, when we control for campaign contributions made to officials with influence over state pension funds. Thus, pay to play appears to increase agency costs borne by shareholders in securities class actions.

Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar

Early Modern Workshop: Resources in Jewish History

Disputes between married couples in 18th century were sometimes brought before the Jewish court ( the Beit-Din). Analysis of protocols of session which dealt with such disputes reveals facts about tensions caused by contemporary family structure and marriage customs as well as about the means which the court applied to enforce policy. The texts presented here are excerpts from one of the protocol books of the Jewish court of Altona. Altona, at the time subject to the Danish King, shared institutions with the neighboring Jewish communities in Hamburg and Wandsbeck, a union which produced several kinds of documents covering a …

August 17, 2010: If Peru, Why Not The Land Of Israel?, Bruce Ledewitz

Hallowed Secularism

Blog post, “If Peru, Why Not the Land of Israel?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rorie, Wendell H. (Sc 2322), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 2322. Paper by Wendell H. Rorie titled "The Diary: My Legal Journey with Herman Southall" and presented to the Athenaeum Society in Hopkinsville, Kentucky. The paper describes Rorie's personal and professional relationship with Southall, a Hopkinsville attorney, and includes anecdotes about other local attorneys and legal matters.

Dying For Privacy: Pitting Public Access Against Familial Interests In The Era Of The Internet, Clay Calvert

NULR Online

“I just killed my two kids. . . . I drowned them. . . . They are 2 and 4. . . . I just shot myself. . . . with a gun. . . . Please hurry.”

That was the dying declaration of 21-year-old Julia Murray on February 16, 2010, preserved for all of posterity on a 911 emergency telephone recording and available to anyone and everyone in Florida—from journalists and police to even voyeurs and perverts—under that state’s open records laws. Murray and one of her three children are gone (the second child survived the drowning …

Appeal No. 0824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-15

Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton

Cornell Law School J.D. Student Research Papers

In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual can be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place. The trial chamber found its jurisdiction to punish the crime of conspiracy under its establishing statute, but looks almost exclusively at national legal traditions to determine its content. It cites no other international law supporting its decision to incorporate domestic concepts into the crime. In contrast, the Rome Statute of the International Criminal Court, which relatively recently entered into force, seems to …

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

CityLand - 2010

The August 2010 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Flushing Commons and Macedonia Plaza projects in Queens, following a $6 million commitment to support small businesses during construction. The Council also approved the redevelopment of the Domino Sugar site in Williamsburg and advanced the acquisition of the final section of the High Line. The City Planning Commission approved the 15 Penn Plaza commercial tower proposal, which includes reopening the historic Gimbels Passageway. The issue reports on a proposed zoning text amendment to regulate car-share parking and …

Decisional Sequencing: Limitations From Jurisdictional Primacy And Intrasuit Preclusion, Kevin M. Clermont

Cornell Law Faculty Working Papers

This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and parties. Generally speaking, by weighing those various interests, the judge gets to choose the decisional sequence, although the parties can control which issues they put before the judge.

The law sees fit to put few limits on the judge’s power, and properly so. The few limits are in fact quite narrow in application, and even narrower if properly understood. The Steel Co.-Ruhrgas rule generally requires a federal court to decide …

August 14, 2010: The Sick Tragedy Of The Anti-Mosque Movement, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Sick Tragedy of the anti-Mosque Movement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Harry F. Connick V. John Thompson, Anthony Barkow, Martin Siegel

Amicus Briefs

No abstract provided.

Carpe Crisis: Capitalizing On The Breakdown Of Capitalism To Consider The Creation Of Social Businesses, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

The recent meltdown of the world’s financial systems presents a unique opportunity to examine the very nature of the corporate form and to consider whether other models of business operation are needed. This article explains the idea of “social businesses” – profit-making, but not profit-maximizing entities that operate to further social good instead of exclusively generating returns for their shareholders. The article then explores the current legal regime for both profit and non-profit businesses under United States law, and suggests there is no ideal business structure currently available under which to operate a social business. In light of the increasing …

August 12, 2010: The Death Of Christopher Hitchens, Bruce Ledewitz

Hallowed Secularism

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

Technology Speeds Capital Appeals, J. Clark Kelso

McGeorge School of Law Scholarly Articles

Continued delays in hearing capital case appeals could increase the public's disdain for the courts. Information technology can help speed the process and earn renewed respect for the justice system.

Coons V. Geithner - Original Complaint, Nick Coons

Patient Protection and Affordable Care Act Litigation

No abstract provided.

The Anonymous Poster: How To Protect Internet Users’ Privacy And Prevent Abuse, Scott Ness

Duke Law & Technology Review

The threat of anonymous Internet posting to individual privacy has been met with congressional and judicial indecisiveness. Part of the problem stems from the inherent conflict between punishing those who disrespect one's privacy by placing a burden on the individual websites and continuing to support the Internet's development. Additionally, assigning traditional tort liability is problematic as the defendant enjoys an expectation of privacy as well, creating difficulty in securing the necessary information to proceed with legal action. One solution to resolving invasion of privacy disputes involves a uniform identification verification program that ensures user confidentiality while promoting accountability for malicious …

Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32, Amy Kominsky

Nevada Supreme Court Summaries

The Court determined whether the pre-judgment interest rate is calculated based the date of the original judgment or the date of affirmation on appeal.

Summary Of Brown Insurance Agency, Inc. V. Star Insurance Co., 126 Nev. Adv. Op. No. 31, Ammon Francom

Nevada Supreme Court Summaries

An appeal from a district court order granting summary judgment.

All Of The Economic Aid The U.S., Eu, And Japan Give To The Developing World Is Stolen Back By Our Illegal Price-Fixing Cartels, Robert H. Lande

All Faculty Scholarship

This compares the magnitudes of two forms of economic interaction between the developed and developing world. The first is the amount of economic foreign aid provided by the developed world to the developing world during a single year. The second is an estimate of the yearly amount that illegal price fixing cartels, comprised of companies from the U.S., the EU, and Japan, overcharge – steal! – from purchasers in these same countries. This comparison shows these amounts are roughly equivalent. If anything, cartels probably steal more from the developing world than the developed world gives them in economic assistance.

This …

The Hidden Cost Of Auto Bailouts, Nathan B. Oman

Popular Media

No abstract provided.

Snell, Commodore Perry, 1821-1881 (Sc 2307), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 2307. Divorce decree for Commodore Perry Snell and Ellen A. Snell, granted 13 February 1866 in Warren County, Kentucky. The certified copy was made from Warren Circuit Court Record Book 23.

Fact-Finding Without Facts, Nancy Amoury Combs

Popular Media

No abstract provided.

August 8, 2010: You Can’T Defeat Islam, Bruce Ledewitz

Hallowed Secularism

Blog post, “You Can’t Defeat Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 6, 2010: The Lessons Of Peru, Bruce Ledewitz

Hallowed Secularism

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

Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Interview With Farhad Ghafarzade, Green Drop Garage, 2010 (Audio), Farhad Ghafarzade

All Sustainability History Project Oral Histories

Interview of Farhad Ghafarzade by Jeff Howard in SE Portland, Oregon on August 6th, 2010.

The interview index is available for download.

Brief Amicus Curiae Of The American Center For School Choice In Support Of Petitioners, Richard W. Garnett, John E. Coons

Court Briefs

Nos. 09-987, 09-991
Arizona Christian School Tuition Organization v. Kathleen M. Winn, Gale Garriott v. Kathleen M. Winn

On Writs of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Introduction and Summary of the Argument

We agree entirely with Petitioners that the panel below misapplied this Court’s relevant doctrines and decisions – including Zelman – and that the ruling under review is neither required by, nor consistent with, the First Amendment to our Constitution. Arizona’s tax-credit program does not impermissibly “establish” or “endorse” religion. Instead, it is an entirely permissible (and promising) policy experiment …

Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellant/Cross-Appellee New Life Art, Inc. And Daniel A. Moore And Affirmance In Part, Mark Mckenna, Michael T. Sansbury

Court Briefs

No. 09-16412-AA, 10-10092-A
Board of Trustees of the University of Alabama v. New Life Art

Appeal from the United States District Court for the Northern District of Alabama, Western Division Civil Action No. CV-05-00585

The District Court properly held that New Life Art’s (“New Life”) creative works do not infringe the University of Alabama’s (“the University”) rights in the trade dress of its football uniforms, including the their crimson and white colors. First, New Life’s realistic depiction of the University’s football games is not likely to confuse consumers about the source of New Life’s goods, or as to the University’s …

Interview With Nicole Stein, Umpqua Bank, 2010 (Audio), Nicole Stein

All Sustainability History Project Oral Histories

Interview of Nicole Stein by Shivon Van Allen at SW Portland, Oregon on August 5th, 2010.

The interview index is available for download.