Law Commons^™

International Encyclopedia Of Gambling, J. Cory Tucker

Library Faculty Research

An update to the author's Gambling in America (CH, Apr'02, 39-4347). this excellent encyclopedia provides detailed information on the gambling phenomenon throughout the world. In more than 300 entries, this two-volume set covers a wealth of information on a wide variety of topics related to gambling.

Class Actions, Thomas M. Byrne, Stacey A. Mcgavin

Mercer Law Review

In its noteworthy 2004 decision in Klay v. Humana, Inc., the United States Court of Appeals for the Eleventh Circuit appeared to veer from its own precedents in affirming certification of a nationwide class asserting a claim under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). During 2009 the court returned to RICO class actions in Williams v. Mohawk Industries, Inc. , and this time the Eleventh Circuit vacated a district court's refusal to certify a RICO class. The proposed class consisted of Mohawk Industries employees who complained that Mohawk engaged in racketeering activity violating the federal …

Evidence, Marc T. Treadwell

Mercer Law Review

I. INTRODUCTION

During the survey year from January 1, 2009 to December 31, 2009, the United States Court of Appeals for the Eleventh Circuit continued its recent trend of limiting the number of its published opinions, a trend discussed in more detail in a previous survey. This Survey will address several unpublished-yet noteworthy-decisions. However, readers should bear in mind Eleventh Circuit Rule 36-2, which provides that "[u~npublished opinions are not considered binding precedent, but they may be cited as persuasive authority." Also note that the court's internal operating procedures suggest an even more limited role for unpublished opinions:

The court …

Labor And Employment, W. Christopher Arbery, Valerie N. Njiiri

Mercer Law Review

The trial and appellate courts within the Eleventh Circuit handed down a number of important opinions affecting labor and employment law during the survey period of January 1, 2009 to December 31, 2009. These included a ruling on a question of first impression in the Eleventh Circuit regarding whether harassment claims are cognizable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and notable decisions involving the Employee Retirement Income Security Act of 1974 (ERISA) and the Fair Labor Standards Act (FLSA).

Law Library Newsletter, Volume 2, Issue 2 - July/August 2010, Kresge Law Library

Law Library Newsletter

If you are working as a RA this summer don’t miss the article about resources for re- search! Find tips about navigating the interviewing process for judicial clerkships Meet Dan Manier, who heads the technology department for the law school Wondering what apps others find useful and fun for their mobile devices? See the list of recommendations!

Personal Autonomy: Towards A New Taxonomy For Privacy Law, Yvonne F. Lindgren

Faculty Works

In 1965 the Supreme Court in Griswold v. Connecticut protected the right of married couples to receive contraceptives as a right of privacy. Since that time, scholarship in the area of privacy law has coalesced around two main themes: First, commentators have classified privacy cases to present a unified concept broad enough to encompass many contexts — from tort, to Fourth and Fifth Amendment search and seizure, to decisional autonomy case law. Second, there is vigorous debate whether decisional autonomy is properly sourced in privacy law. These inquiries leave unanswered an important question: What, if anything, has been the lasting …

Symposium On Enforcing Constitutional Rights In The Twenty-First Century: Section 1983 Thirty Years After Owen, David J. Achtenberg

Faculty Works

In Owen v. City of Independence, the Supreme Court indicated that § 1983 would provide a path for all victims of civil rights violations would be able to get full compensation for their harm. However, the intervening decades saw that guarantee whittled away, as later decisions carved away the ability to recover under § 1983. The authors in this symposium discuss the challenges in enforcing constitutional rights in the twenty-first century legal environment and offers a solution.

No Good Deed Goes Unpublished: Precedent-Stripping And The Need For A New Prophylactic Rule, Edward Cantu

Faculty Works

This paper addresses the “open secret” that federal appellate courts often strip their opinions of precedential value as a means to forgo fair, principled and/or thorough adjudication of issues raised in appeals. Is there a basis in contemporary constitutional doctrine for a presumption that appellants suffer constitutional injury when courts dispose of their appeals using non-precedential opinions? The author answers “yes.” The argument centers on case law establishing so-called “constitutional prophylactic rules,” which work to “overprotect” a given core right - that is, to create a presumption of constitutional injury without proof of it - when such is the only …

July Roundtable: The Un And Human Rights Introduction

Human Rights & Human Welfare

An annotation of:

“Another human-rights irony at the U.N.” by Anne Applebaum. The Washington Post. May 4, 2010.

and

“UN elects rights violators to Human Rights Council” by Edith M. Lederer. Associated Press. May 13, 2010.

Human Rights Abusers, The Human Rights Council, And The Un, James Pattison

Human Rights & Human Welfare

The predecessor to the Human Rights Council, the Commission on Human Rights, had several notable failings. These included double standards in the selection of which states were to be subject to scrutiny, membership of the Commission by states notable for their egregious human rights records, and the shielding of the P5 members of the Security Council and their allies from criticism. The Human Rights Council, it was hoped, would avoid these flaws and, in doing so, push human rights further up the UN agenda. For instance, the General Assembly Resolution A/RES/60/251, which set up the Council, claimed that the Council’s …

Can Constitutional Democracies And Emergency Power Coexist, Gordon Silverstein

Tulsa Law Review

No abstract provided.

Tax Court Invalidates New Section 6501(E) Regulations, Steve R. Johnson

Scholarly Publications

The title of an article of mine in the Fall 2009 issue of the NewsQuarterly asked “What’s Next in the Section 6501(e) Overstated Basis Controversy?” The Tax Court answered that question on May 6, 2010, in its decision Intermountain Insurance Service of Vail, LLC v. Commissioner, 134 T.C. No. 11. In that decision, the court invalidated two temporary regulations that had been issued on September 24, 2009: sections 301.6229(c)(2)-IT and 301.6501(e)-IT.

The Other Thirteenth Amendment: Free African Americans And The Constitution That Wasn't, Stephen Kantrowitz

Marquette Law Review

None

The French Huissier As A Model For U.S. Civil Procedure Reform, Robert W. Emerson

University of Michigan Journal of Law Reform

Huissiers de justice serve multiple roles in the French legal system. One is that of a court officer who compiles dossiers (reports). In that role, the huissier is d'audiencier (literally translated as "hearing" or "assisting") and works directly for the court system itself.

The huissier's report remains alien to the American lawyer, who is steeped in notions of procedure and "testimonialism" and in principles of fairness which appear ancient, but are rather modern dissimulations of law and equity's rich history in the American tradition. An important aspect of most legal processes, the collection of data in preparation for litigation is …

Sports In The Courts: How Sports References Strengthen Written Advocacy And Judicial Opinions (Part Ii), Douglas E. Abrams

Faculty Publications

No abstract provided.

Foreword: Laying The Foundation, Joseph D. Kearney

Marquette Law Review

None

Testing The Waters: Assessing Wisconsin's Regulatory Climate For Offshore Wind Projects, Marvin C. Bynum Ii

Marquette Law Review

None

Book Review: The Prison Library Primer: A Program For The Twenty-First Century, Carol A. Watson

Articles, Chapters and Online Publications

Book review of THE PRISON LIBRARY PRIMER: A PROGRAM FOR THE TWENTY-FIRST CENTURY, by Brenda Vogel (Lanham, Md.: Scarecrow Press, Inc., 2009).

This work is a well-organized, thorough, and practical guide to administering libraries in correctional facilities. Vogel, a veteran librarian with more than twenty-five years of first-hand experience as the coordinator for the Maryland Correctional Education Libraries, has written extensively on the topic of prison libraries. While her knowledge and experience lend credence to The Prison Library Primer’s content, Vogel’s unwavering commitment to an often-overlooked community of library patrons makes the book truly inspiring.

The Hydra, Carl E. Schneider

Articles

Almost nobody favors long consent forms for prospective research subjects. Almost everybody thinks they interfere with informed consent's purpose-good decisions. Nevertheless, almost everybody believes consent forms have long been getting longer. Years ago, Paul Appelbaum lamented the "tendency to cram ever more information into consent forms." Weeks ago, Ilene Albala and her colleagues (one of them Appelbaum) reported in IRE: Ethics & Human Research that the length of one institutional review board's forms "increased roughly linearly by an average of 1.5 pages per decade. In the 1970s, the average consent form was less than one page long and often only …

Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua

Book Reviews

This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …

Table Of Contents

South Carolina Law Review

No abstract provided.

Discoverability Of Private Investigator Surveillance In South Carolina: Navigating The Work Product Doctrine Under Samples V. Mitchell, Bradford J. Gower

South Carolina Law Review

No abstract provided.

Should A Scintilla Be Enough - The Proper Standard For Summary Judgment In South Carolina, Aaron J. Hayes

South Carolina Law Review

No abstract provided.

The Witch's Brew: Nigerian Schemes, Counterfeit Cashier's Checks, And Your Trust Account, Clark H. C. Lacy

South Carolina Law Review

No abstract provided.

It's Nothing Personal, It's Just Business: A Commentary On The South Carolina Business Court Pilot Program, Andrew A. Powell

South Carolina Law Review

No abstract provided.

Are Smartphones Like Footlockers Or Crumped Up Cigarette Packages - Applying The Search Incident To Arrest Doctrine To Smartphones In South Carolina Courts, Justin M. Wolcott

South Carolina Law Review

No abstract provided.

Are We There Yet: Gatekeepers, Daubert, And An Analysis Of State V. White, Mark R. Nash

South Carolina Law Review

No abstract provided.

Legislating In The Light: Considering Empirical Data In Crafting Arbitration Reforms, Amy J. Schmitz

Faculty Publications

Consumer advocates and policymakers call for abolition of predispute arbitration clauses in consumer contracts, while proponents of arbitration claim such abolition would increase companies’ dispute resolution costs, leading to higher prices and interest rates. Policymakers on both sides of the debate, however, rarely consider the empirical research necessary for crafting informed arbitration disclosure rules. This article therefore focuses on how varied research, including my own empirical studies, may inform policies regarding arbitration disclosure regulations. The article also offers suggestions for regulations tailored to have the most impact for the cost in light of this research.

Forward: Symposium On Broke And Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff

Faculty Publications

The Symposium presenters and commentators, most of whom had worked at some point in their career as a public defender, brought a wealth of experience to the discussion. While the presentations and comments made that day, together with the articles that follow in this Symposium issue, do not provide any quick fix or easy solution, they do offer some important lessons for lawmakers to consider as states struggle to improve the plight of indigent defenders and their clients.

Disclose - Disclose - Disclose - Longmeyer Distorts The Trustee's Duty To Inform Trust Beneficiaries, David M. English, Berry T. Turney, Dana G. Fitzsimons Jr.

Faculty Publications

The evolution of the law concerning the trustee's duty to disclose information to the trust beneficiaries, through cases like Longmeyer, creates new risks for trustees who are unaware of their obligations. Trustees will also face an increasing number of difficult situations as in Longmeyer as a result of an aging and increasingly infirm population. Although it can be a difficult decision to make under pressure, a trustee should give strong consideration to policies that favor prompt and complete disclosure even in difficult circumstances. Also, trustees should remember that the courts are available for their protection when confronted with genuine doubt …