Law Commons^™

The Principle Of Resilience, Lia Helena Monteiro De Lima Demange

Dissertations & Theses

This article departs from the observation of accentuated degradation of ecosystems worldwide to stress the urgency in changing the patterns of occupation of the land, production, consumption and the ecological and ethical goals of environmental conservation. Aiming to achieve these ends, this article proposes the acknowledgement of the principle of resilience in international environmental law. The principle of resilience is articulated herein based on the concept of ecological resilience; the values of land ethic; and the existing principles of international environmental law. Later, the article explains how the principle can be applied to adaptive governance; adaptive management; environmental impact …

Flp Loss, But Crummey Win, Wendy G. Gerzog

All Faculty Scholarship

In Turner the Tax Court determined that section 2036 applied to the decedent’s transfers of assets to his family limited partnership but that the insurance premiums he paid indirectly to his insurance trust qualified for the annual exclusion.

November 24, 2011: Happy Secular Thanksgiving, Bruce Ledewitz

Hallowed Secularism

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

Summary Of Klasch V. Walgreen Co., 127 Nev. Adv. Op. 74, Cameron Daw

Nevada Supreme Court Summaries

An appeal from a district’s grant of court summary judgment in a wrongful death action involving a pharmacist’s duty of care.

November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz

Hallowed Secularism

Blog post, “Obama to Side With the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Estate Of Smith V. Mahoney’S Silver Nugget, 127 Nev. Adv. Op. No. 76, Colin Seale

Nevada Supreme Court Summaries

The Court considered a plaintiff’s appeal of a district court’s granting of summary judgment for in a wrongful death action.

Ali V. State Of Israel, Miriam Naor, Edna Arbel, Yoram Danziger

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The appellant was convicted in the District Court of weapons offenses (trading in weapons) and conspiracy to commit a felony. The offenses attributed to the Appellant were committed in their entirety in the Gaza Strip, and none, nor any part of any of them, were committed within the territory of the State of Israel, nor were their outcomes intended to occur in the State …

Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez

Nevada Supreme Court Summaries

The Court considers an appeal from a district court summary judgment in a tort action.

Summary Of Friedman V. Dist. Ct., 127 Nev. Adv. Op. 75, Thomas L. Chittum Iii

Nevada Supreme Court Summaries

The Court considered a petition for mandamus or prohibition to stop family court from asserting jurisdiction in interstate child custody dispute.

Summary Of Chateau Vegas Wine, Inc. V. S. Wine & Spirits, 127 Nev. Adv. Op. 73, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a permanent injunction in a business tort action.

Summary Of Public Agency Compensation Trust V. Blake, 127 Nev. Adv. Op. No. 77, Tim Mott

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order denying a petition for judicial review in a workers’ compensation action.

Ndls Update 11/22/2011, Notre Dame Law School

NDLS Update

No abstract provided.

The Redirect, Editorial Staff

Newspapers

No abstract provided.

Barclays V. Thefly: Protecting Online News Aggregators From The Hot News Doctrine, Rayiner Hashem

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

“Private Ordering” Taken A Tad Too Far, Brett H. Mcdonnell

Res Gestae

No abstract provided.

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent: First American Financial Corp. V. Edwards, Doug Rendleman, Douglas Laycock

Scholarly Articles

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …

Vol. 41, No. 12 (November 21, 2011)

Indiana Law Annotated

No abstract provided.

It’S My Church And I Can Retaliate If I Want To: Hosanna-Tabor And The Future Of The Ministerial Exception, Brad Turner

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Copyright For Couture, Loni Schutte

Duke Law & Technology Review

Fashion design in America has never been covered by the extensive intellectual property (IP) protections afforded to other categories of creative works or to the art in other countries. As a result, America has become a safe haven for design pirates. Piracy disproportionately harms young designers who do not have established trademarks for their brands and must rely purely on creativity to propel their designs into the market. H.R. 2511 is a bill that aims to extend copyright protection to fashion designs, albeit narrowly. Compared with previous proposals to extend effective IP protection to fashion design, H.R. 2511 is more …

Response To The David Segal Article, November 19, 2011, In New York Times, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As David Segal’s November 19 article accurately reflects, the legal market is changing. Clients are no longer willing to foot the bill for young lawyers’ training, and thus law firms are increasingly looking to the law schools to produce practice-ready graduates.

The good news is that there are clear solutions to the problem, and they are already in motion. A report published in 2007 by the Carnegie Foundation entitled "Education Lawyers" identified precisely the problem described in Mr. Segal’s article and suggested that law schools should address it by developing courses that educate law students on three levels: knowledge, practice …

November 18, 2011: The Duquesne Secular Society, Bruce Ledewitz

Hallowed Secularism

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

Search Neutrality As An Antitrust Principle, Daniel A. Crane

Law & Economics Working Papers

Google's perceived dominance in Internet search, and the perception that Google exploits this dominance to favor its own websites and service, has led to call for a mandatory legal requirement of "search neutrality." This essay argues that a general principle of search neutrality ignores the realities of Internet search and would stymie search innovation.

Updating & Supplementing Casebooks Online, Debbie Ginsberg, Fred Bosselman

Presentations

In this Brown Bag, Emily Barney and Debbie Ginsberg demonstrated a new online tool: the casebook supplement website. Energy law changes rapidly, so Professor Bosselman needed a way to update his Energy, Economics and the Environment casebook on line with the latest legal developments. His publisher did not offer tools for updating casebooks. To assist Professor Bosselman, Emily Barney and the Library Technology Group developed a customized weblog to keep his materials current. The casebook supplement site can be used by any faculty who wish to update or supplement a casebook online. In this Brown Bag, Professor Bosselman demonstrated how …

November 16, 2011: A Secular Defense Of Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Secular Defense of Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ndls Update 11/15/2011, Notre Dame Law School

NDLS Update

No abstract provided.

Cityland – Vol. 8, No. 10, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and zoning developments in New York City as of November 15, 2011. The City Council approved street-grade changes in Coney Island to improve flood resilience and pedestrian access, and reviewed the creation of the Westchester Square Business Improvement District in the Bronx. The City Planning Commission approved the Admirals Row Plaza project at the Brooklyn Navy Yard, which includes a supermarket and industrial space, and granted a special permit for a private K–12 school in West Chelsea. A new Special 4th Avenue Enhanced Commercial District was established in Park Slope to promote …

End-Of-Life Decision-Making In Canada: The Report By The Royalsociety Of Canada Expert Panel On End-Of-Life Decision-Making, Udo Schüklenk, Johannes J. M. Van Delden, Jocelyn Downie, Sheila A. M. Mclean, Ross Upshur, Daniel Weinstock

Reports & Public Policy Documents

This report on end-of-life decision-making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters.

Chapter 1 reviews what is known about end-of-life care and opinions about assisted dying in Canada.

Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death.

Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada's constitutional order.

Chapter 4 reviews the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying …

Vol. 41, No. 11 (November 14, 2011)

Indiana Law Annotated

No abstract provided.

Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.