Law Commons^™

Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington

Nevada Supreme Court Summaries

Appeal from a district court’s finding that the City failed to properly amend the Reno Master Plan (“RMP”) and finding that the City violated former Reno Municipal Code (“RMC”) §18.06.404(d)(1)(b).

Online Privacy, Social Networking, And Crime Victimization : Hearing Before The H. Subcomm. On Crime, Terrorism, And Homeland Security Of The H. Comm. On The Judiciary, 111th Cong., July 28, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

Mr. Chairman, Facebook is a tremendous service, with the scope of email, the telephone, and even the Internet itself. It is also the source of many of the privacy concerns of users today. The critical problem is not what users post; it is that the Facebook changes the privacy settings too frequently and Facebook makes it too difficult for users to selectively post information. Self‐regulation has not worked because the FTC has been reluctant to pursue investigations. So, EPIC recommends changes to ECPA in Title 18 that would give users greater control of their information and reduce risk when they …

Virginia Bar Exam, July 2010, Section 1

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2010, Section 2

Virginia Bar Exam Archive

No abstract provided.

Legal Information Links For Public Librarians, Patricia Morgan, Lisa Parisi

UF Law Faculty Publications

No abstract provided.

Sissel V. Hhs - Original Complaint, Matt Sissel

Patient Protection and Affordable Care Act Litigation

No abstract provided.

July 24, 2010: There Will Be A Vacation Break In Hallowed Secularism Until 8/5/2010, Bruce Ledewitz

Hallowed Secularism

Blog post, “ There will be a vacation break in Hallowed Secularism until 8/5/2010“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Using A Cris For E-Infrastructure: E-Infrastructure For Scholarly Publications, E Dijk, M Van Meel

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly publications are a major part of the research infrastructure. One way to make output available is to store the publications in Open Access Repositories (OAR). A Current Research Information System (CRIS) that conforms to the standard CERIF (Common European Research Information Format) could be a key component in the e-infrastructure. A CRIS provides the structure and makes it possible to interoperate the CRIS metadata at every stage of the research cycle. The international DRIVER projects are creating a European repository infrastructure. Knowledge Exchange has launched a project to develop a metadata exchange format for publications between CRIS and OAR …

Cris And Institutional Repositories, A Asserson, K Jeffery

Copyright, Fair Use, Scholarly Communication, etc.

CRIS (Current Research Information Systems) provide researchers, research managers, innovators, and others with a view over the research activity of a domain. IRs (institutional repositories) provide a mechanism for an organisation to showcase through OA (open access) its intellectual property. Increasingly, organizations are mandating that their employed researchers deposit peer-reviewed published material in the IR. Research funders are increasingly mandating that publications be deposited in an open access repository: some mandate a central (or subject-based) repository, some an IR. In parallel, publishers are offering OA but replacing subscription-based access with author (or author institution) payment for publishing. However, many OA …

Recurring Nightmares? Evidence Issues That Keep Coming Back In Employment Cases, Lynn Mclain

All Faculty Scholarship

No abstract provided.

July 22, 2010: Can Religious Believers Be Good Democratic Citizens?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can Religious Believers Be Good Democratic Citizens?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Bush, Ann Patricia (Mcreynolds), 1922-2022 (Mss 328), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 328. Proof copy of "Executive Disorder: The Subversion of the United States Supreme Court, 1914-1940," written by Ann (McReynolds) Bush. The book follows the career of U.S. Attorney General (1913-1914) and Associate Supreme Court Justice (1914-1941) James Clark McReynolds, a native of Todd County, Kentucky.

Medicare Physician Fees: The Data Behind The Numbers, Laura A. Dummit

National Health Policy Forum

Medicare’s physician fee schedule distributes nearly $60 billion annually and is a critical determinant of individual physicians’ incomes, beneficiaries' access to health care services, and Medicare spending, as well as the basis for physician fees used by many private payers. The Centers for Medicare & Medicaid Services (CMS) relies on data derived from expert judgment and other sources to update the fee schedule. Although CMS’s methods and data for maintaining the fee schedule have improved over the years, concerns remain about medical specialty society involvement and the lack of an effective ”counterweight” to vested interests in establishing and updating the …

Comment On Enterprise Duty To Serve Underserved Markets, David J. Reiss

Cornell Law Faculty Working Papers

FHFA invited further comment on the merit of considering properties without affordable use restrictions as part of the Enterprises’ duty to serve, noting that affordable housing preservation “encompasses efforts to keep unsubsidized properties in good condition while maintaining affordability for low- and moderate-income households.” (Page 32102)

FHFA should be certain that any aid given to buildings without affordable use restrictions will actually be passed on in large part to their tenants, whether through lower rents or improved conditions. I question whether that is in fact the case.

There are two main rationales for subsidizing multifamily buildings without affordable use restrictions. …

Procreation, Harm, And The Constitution, Carter Dillard

NULR Online

This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?

These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what …

Grassland Governance And Common-Interest Communities, Anthony Schutz

Nebraska College of Law: Faculty Publications

In the United States, today’s ranches are engaging in small-scale nature-based endeavors to diversify their income base. But the geographic boundary of the land they own creates a relatively small area within which to operate, and fragmented ownership diminishes the ability of any single landowner to produce nature-based income. Collective action among nearby landowners can produce a set of resources from which all members of the group can profit. Such action can enhance the economic, social, and environmental sustainability of grasslands and the populations that use them. This article shows that common-interest communities can be used to provide and allocate …

Throttling Miranda: Right Wing Ideologues Support The Government Against The Individual, Donald E. Wilkes Jr.

Popular Media

The 1966 Miranda v. Arizona decision is arguably the most important and undeniably the most famous of all U.S. Supreme Court criminal procedure decisions. The noble purpose of this legal landmark is to prevent Americans taken into custody by police on criminal charges from being subjected to improper interrogation practices calculated to compel citizens to incriminate themselves.

Few people realize that since the early 1970s the Supreme Court has been stealthily choking the life out of Miranda. The latest example of this process of slow strangulation occurred a few weeks ago, on June 1, when the Court in Berghuis …

Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein

Cornell Law Faculty Publications

One of the most common critiques directed at deconstructive and poststructuralist theories is that they are amoral – rejecting the validity of the very idea of norms and moral principles as grounds for justifying or criticizing political action and social structures – and that in rejecting the validity of the distinction between what is just and what is unjust, they “collaborate with evil.” By now, an almost canonical example of this common critique is found in Martha Nussbaum’s highly critical essay on the work of Judith Butler, titled The Professor of Parody.3 Here, I focus on Nussbaum’s critique and on …

Morgens: More Qtip Mischief, Wendy G. Gerzog

All Faculty Scholarship

In Morgens, the court ruled in favor of the government that section 2035(b) applied to the gift taxes paid by the qualified terminable interest property (QTIP) trust beneficiaries to gross up the widow’s estate by that amount. Because the surviving (or donee) spouse must be taxed on the underlying property over which she has no ownership rights, Congress enacted section 2207A to allow the second spouse to recover from the beneficiaries of the property the transfer taxes relating to her gift or estate inclusion. However, the court held that section 2207A did not shift the gift tax liability to those …

Transfer Pricing In Business Restructurings – Reasoning From Implausible Assumptions Issue Note 2 – (Oecd, Discussion Draft), Richard Thompson Ainsworth, Andrew Shact

Faculty Scholarship

The OECD’s Center for Tax Policy and Administration roundtable on business restructurings in January 2005 led to a Joint Working Group project later that year on permanent establishments and business restructurings. One of the results was the Discussion Draft on Transfer Pricing Aspects of Business Restructurings that was available for public comment between September 19, 2008 and February 19, 2009.

This paper concerns Issue Note No. 2 in the Discussion Draft – Arm’s Length Compensation for the Restructuring Itself.

Issue Note No. 2 is deeply flawed. It relies on an unproved correlation between structure and performance (profit/loss potential). The Discussion …

Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …

July 18, 2010: Is Human Life A Tragedy?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Human Life a Tragedy?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Peace Parks For Mountain Forests: The Law And Policy Of Transforming Conflict To Stewardship, Elaine C. Hsiao

Dissertations & Theses

Peace parks provide a land ethic that transcends borders and seeks to stabilize tensions between bordering States, honoring the unity of biosphere systems in its efforts to achieve peace, conservation and cooperation. In theory, peace parks recognize that humans and the biosphere are one and that natural resources, just as cultural resources, must be collaboratively protected. In the cases of inhabited border regions, peace park principles of holistic conservation, cooperation and peace require that local communities be incorporated into park management. I posit that this is all the more true for frontier communities in regions of conflict, weak governance or …

Interview Of Andrew L. Stoler Conducted By Rosine Plank-Brumback On July 16, 2010, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Andrew L. Stoler, Former Deputy Director-General, WTO Secretariat; Former U.S. Deputy Chief of Mission to the WTO, conducted by Rosine Plank-Brumback on July 16, 2010.

Appeal No. 0818: Clarence Tussel, Jr., Et Al. V. Division Of Oil & Gas Resources Management And Kastle Resources Enterprises, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-01

Digital Photography, Emily Barney

Presentations

This workshop covered:

• Choosing a camera
• Camera settings
• Improving your photos
• Photo editors
• Printing photos
• Organizing & sharing photos online

Planning For The Future Of Cyber Attack Attribution : Hearing Before The H. Subcomm. On Technology And Innovation Of The H. Comm. On Science And Technology, 111th Cong., July 15, 2010 (Statement By Adjunct Professor Marc Rotenberg, Geo. U. L. Center), Marc Rotenberg

Testimony Before Congress

Steve Bellovin, another security expert, noted recently that one of risks of the new White House plan for cyber security is that it places too much emphasis on attribution. As Dr. Bellovin explains:

The fundamental premise of the proposed strategy is that our serious Internet security problems are due to lack of sufficient authentication. That is demonstrably false. The biggest problem was and is buggy code. All the authentication in the world won't stop a bad guy who goes around the authentication system, either by finding bugs exploitable before authentication is performed, finding bugs in the authentication system itself, or …

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

CityLand - 2010

The July 2010 issue of CityLand covers significant land use, zoning, and preservation developments across New York City. Highlights include the City Council’s approval of a modified version of the Domino Sugar redevelopment in Williamsburg, restoring the height of the office tower and adjusting other components. The Council also approved a zoning text amendment to facilitate a 22-story affordable housing project in West Chelsea and a rezoning for a mixed-income development in Crotona Park East, Bronx. Additional approvals included a new public school facility for P.S. 51 in Clinton and a thirteen-story mixed-use building near Fordham University. The City Planning …

July 14, 2010: The Apostate, Bruce Ledewitz

Hallowed Secularism

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

Exploring Policy Models For Extended Time Off, Erica H. Zielewski, Shelley Waters Boots

Memos and Fact Sheets

Whether it’s a personal health condition, the birth of a new child, or the need to address a serious health issue of an aging parent, many, if not most workers, find that at certain points in their lives, they will need an extended amount of time off from work. We refer to this as Extended Time Off (EXTO). In addition, there is a growing body of research that outlines the potential benefits of paid time off for workers, their families (and in particular children), as well as some research suggesting a benefit to employers providing paid EXTO. While the U.S. …