Law Commons^™

Who's Footing The Bill For The Attorneys' Fees?: An Examination Of The Policy Underlying The Clean Water Act's Citizen Suit Provision. Saint John's Organic Farm V. Gem County Mosquito Abatement District, Mary Cile Glover-Rogers

Journal of Environmental and Sustainability Law

No abstract provided.

No Prp Left Behind: The Tenth Circuit Allows Non-Settling Prps To Intervene As Of Right In Cercla Consent Decree Actions. United States V. Albert Investment Co., Katie Jo Wheeler

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.

Road Scholars - November 2010, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The November 2010 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

Torch (November/December 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Prairie Winds: A Look At Commercial Wind Farm Regulation Within Kansas. Zimmerman V. Board Of County Commissioners Of Wabaunsee County, Jonathan R. Austin

Journal of Environmental and Sustainability Law

No abstract provided.

Some Facts And Figures From The Civil Justice System And The Public, Mary Stratton, James Cresswell, Scot Sehested

Canadian Forum on Civil Justice

The Civil Justice System and the Public (CJSP) was a collaborative research program founded on the belief that a lack of effective communication, both within the system and between the system and the public, is a significant barrier interfering with access to justice. The research involved both the public and the justice community in identifying changes in communication practice that will improve the system. The project goal was to make specific and clear recommendations for effective change that will ultimately improve access to the civil justice system by increasing the ability of the system to hear, involve, and respond to …

Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth

Law Faculty Research Publications

Attempted secessions (for example, Kosovo and Somaliland) and coups d'état (for example, Madagascar and Honduras in 2009) prompt contestation over whether or not legal status is to be conferred on local exercises of de facto authority. International legal standing has traditionally been established by victory in a trial by ordeal: a region initially integral to an existing state successfully establishes itself as an independent sovereign unit only where its secession movement creates - usually by decisive victory in an armed struggle -facts on the ground that appear irreversible; an insurgent faction successfully establishes itself as a government where it overthrows …

Follow The Money! What Are You Spending On Research Sources? Part Iii: Teaching Old Resources To Do New Tricks, Shannon Kemen, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan

Journal of Legal Education

No abstract provided.

The Role Of The Animal Law Clinic, Kathy Hessler

Journal of Legal Education

No abstract provided.

One New President, One New Patriarch And A Generous Disregard For The Constitution: A Recipe For The Continuing Decline Of Secular Russia, Robert C. Blitt

Scholarly Works

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing affords a unique opportunity to reassess the status of constitutional secularism and church–state relations in the Russian Federation.

Following a discussion of the presidential and patriarchal elections that occurred between March 2008 and January 2009, the Article surveys recent developments in Russia as they relate to the nation’s constitutional obligations. In the face of this analysis, the Article argues that the government and the ROC alike continue to willfully undermine …

From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni

Law Publications

Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.

Exploring The Commercialized Arms Race Metaphor, Alfred Mathewson

Faculty Book Display Case

Reversing Field invites students, professionals, and enthusiasts of sport – whether law, management and marketing, or the game itself – to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid …

Grand Juries And Expertise In The Administrative State, Kevin Washburn

Faculty Book Display Case

Grand Jury 2.0: Modern Perspectives on the Grand Jury challenges the American legal culture to re-imagine the grand jury and proposes ways to adapt the grand jury's proud heritage to the needs and realities of modern criminal justice. Chapters provide a rare peek into the black box of grand juror deliberations, reflect on empirical evidence related to the grand jury's often overlooked role in charging and plea bargaining practices, and explore what state grand juries tell us about the institution's potential. Other chapters re-examine the grand jury's seemingly settled historical narrative, emphasize the role the grand jury can perform in …

The Illusory Right To Abandon, Eduardo Peñalver

Articles

The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law's concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however due to …

Clark Memorandum: Fall 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• A Walk of Thanksgiving (David Dominguez)
• Carl S. Hawkins (1926-2010)
• Carl Hawkins, Teacher (Monte Stewart)
• Keys to Being Happy, Successful, and Fulfilled (J. Clifford Wallace)
• "How Shall This Be?" (Jane H. Wise)
• Essentials of a Mormon Jurisprudence (John W. Welch)

One Prong, Two Prong, Many Prongs: A Look Into The Economic Substance Doctrine, Amanda L. Yoder

Missouri Law Review

Almost every federal circuit, as well as Congress, has weighed in on the economic substance doctrine and attempted to clarify its boundaries. The economic substance doctrine deals with transactions that, although technically in accord with the Internal Revenue Code (the Code or I.R.C.), were originally structured solely for tax avoidance purposes. The Internal Revenue Service and courts dislike these transactions because they thwart the general intent of Congress in enacting certain tax-saving Code provisions. Until recent amendments to the I.R.C., the federal circuits were split between two different approaches to tax avoidance transactions, yet the application of the two approaches …

Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe

Missouri Law Review

This Article exposes the problems created by T.L.O. and its progeny, analyzes the Safford decision, and proposes recommendations for lower courts, legislatures, and local school boards to redress the current strip search crisis in public schools. Part II explains the T.L.O. two-prong test and illustrates the problems the T.L.O. Court and lower courts have had in applying it, specifically in strip search cases. Part III analyzes the Safford opinion and its ramifications. Part IV proposes ways in which lower courts, legislatures, and local school boards can redress the problems created by TL.O. and Saf ford so that officials will no …

Cut And Run - Tuition Reimbursement And The 1997 Idea Amendments, Brianna L. Lennon

Missouri Law Review

This Note addresses the challenges that courts face in balancing the legislative purpose of IDEA with its practical application. At its core, IDEA was enacted to preserve the right of all children to a "free appropriate public education" (FAPE), including special needs students who, under the law, have "the right to sit in the same classrooms, to learn the same skills, [and] to dream the same dreams as their fellow Americans." At the same time, IDEA and its amendments emphasize that "parents [need] a greater voice in their children's education." These goals can create a disconnect between what schools must …

Death Of The Challenge To Lethal Injection - Missouri's Protocol Deemed Constitutional Yet Again, Tanya M. Maerz

Missouri Law Review

Lethal injection is currently the predominant form of execution nationwide. Most proponents of this method cite the convenience and the humanity of this procedure over past methods of execution. However, lethal injections are fraught with problems such as the specificity and safety of the written procedures themselves, implementation of such procedures, and whether lethal injection and executions in general are constitutional. Most often, prisoners file constitutional challenges to lethal injections under the Eighth Amendment, which prevents imposing cruel and unusual punishment on an American citizen. One of the more recent cases in Missouri cited such a challenge to the implementation …

Constitutional Interpretation Through A Global Lens, Rex D. Glensy

Missouri Law Review

This Article seeks to clarify the current debate concerning the use of non-U.S. persuasive authority within the context of constitutional interpretation. It begins by noting that commentary on comparative constitutional law often fails to make any distinction between foreign domestic sources and international law used comparatively, and thus risks evoking parallels between different systems of law that lack context and plausibility. It then draws on various normative theories and underpinnings of both domestic and international legal regimes to show that a proper comparative enterprise must take this distinction into account. The Article concludes by explaining that only when those policy …

Strict In Theory, But Accommodating In Fact, Ozan O. Varol

Missouri Law Review

As law students quickly learn, the strict-scrutiny test governs challenges under the Equal Protection Clause to the government's use of suspect classifications and infringement on certain fundamental rights. To survive strict scrutiny, the government bears the heavy burden of showing a compelling interest in drawing a suspect classification or infringing on a fundamental right and narrowly tailored means to achieve that interest. Over the years, strict scrutiny has expanded to serve as a bulwark against government intrusions on many fundamental rights and liberties in the United States Constitution - including the right to vote, marry, access the courts, and freedom …

"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker—And The Role Of The Due Process Clause, Lynn Mclain

All Faculty Scholarship

A woman tells her roommate that she is going out to dinner with Frank that evening. The next morning her battered body is found along a country road outside of town. In Frank’s trial for her murder, is her statement to her roommate admissible to place Frank with her that night? Since the Court’s 2004 Crawford decision, the confrontation clause is inapplicable to nontestimonial hearsay such as this.

American jurisdictions are widely divided on the question of admissibility under their rules of evidence, however. Many say absolutely not. A sizeable number unequivocally say yes. A small number say yes, but …

China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua

Pace International Law Review Online Companion

No abstract provided.

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

Reconceptualizing The Fifth Amendment Prohibition Of Adverse Comment On Criminal Defendants' Trial Sentence, Jeffrey Bellin

Faculty Publications

Griffin v. California holds that the Fifth Amendment privilege against compelled self-incrimination prohibits a prosecutor from arguing that a defendant’s failure to testify supports an inference of guilt. In the four decades since Griffin was decided, Griffin’s doctrinal underpinnings have been strongly criticized by prominent jurists and commentators, and even Griffin’s contemporary defenders struggle to place the constitutional prohibition of adverse comment on defendant silence within a coherent doctrinal framework.

In light of these largely unanswered criticisms, this Article posits that the current Fifth Amendment-based prohibition of adverse comment is untenable and must be recast in a more narrowly tailored …

Lufta Dhe Intervenimi I Nato-S Në Kosovë, Edona Bislimi

Theses and Dissertations

No abstract provided.