Law Commons^™

Books On My Desk, Mary Whisner

Librarians' Articles

Are there still books that reference librarians need to keep on their desks? Ms. Whisner considers this topic as well as discussing her gradual shift from using reference books in print to using their electronic counterparts

Fifty More Constitutions, Mary Whisner

Librarians' Articles

The U.S. Constitution may get all the attention, but as Ms. Whisner points out, state constitutional law is also important to legal researchers. Unfortunately, the sources for researching state constitutions are more limited and difficult to find. She describes a web site created by the Gallagher Law Library at the University of Washington School of Law that makes available sources of Washington State constitutional history.

"That Most Congenial Lawyer/Bibliographer", Mary Whisner

Librarians' Articles

Ms. Whisner delves into Morris L. Cohen's Bibliography of Early American Law, demonstrating how much information it contains that will be interesting and useful for law librarians.

Personal Jurisdiction And Joinder In Mass Copyright Troll Litigation, Jason R. Lafond

Maryland Law Review Online

No abstract provided.

Reimagining International Water Law, Tim Stephens

Maryland Law Review Online

No abstract provided.

Connick V. Thompson: Unclear Motives Behind A Misguided Result, Claude Nicolas

Maryland Law Review Online

No abstract provided.

We’Re (Not) Gonna Take It! – Golan And The Shrinking Pubic Domain, Daniel Kohn

Student Works

No abstract provided.

Labor Policy And The Great Recession, Robert J. Flanagan

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

Municipal Separate Storm Sewer Systems (Ms4)--Assigning Responsibility For Pollutants That Reach The Nation's Waters, Robert Abrams

Journal Publications

The United States Supreme Court will review a ruling of the Ninth Circuit Court of Appeals that found the Los Angeles County Flood Control District in violation of its permit under the Clean Water Act for its Municipal Separate Storm Sewer Systems (MS4) discharges into the Los Angeles and San Gabriel Rivers. Segments of those rivers that constitute a part of the MS4 have been paved to improve flood control, and the pollution levels measured as the water moves through those segments and other monitoring locations exceed the amounts allowed by the District’s permit. The District claims that pollution is …

Legal Convergence Of East And West In Contemporary American Water Law, Robert Haskell Abrams

Journal Publications

Legal instrumentalism and legal convergence, two legal constructs, describe how American water law has developed over time. A study of early Eastern and Western water law shows that both systems are instrumentalist at their core and evolved to suit pressing developmental needs. Early on in the East, law was created to protect water use for millers, who used mills to generate power. In the West, riparian systems of the East were rejected in favor of a system that met the needs of settlers in more arid environments. Legal convergence is a concept suggesting that law governing various fields converges over …

Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page

Journal Publications

Slavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of …

No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry

Journal Publications

In an effort to increase professionalism among lawyers, an analysis of the relationship between lawyers' professional behavior and legal malpractice claims is warranted. This Article will explore that relationship, and address the need to fuse the two components in an effort to enhance professionalism. The Article will specifically seek to address the questions: (1) Should professionalism be admissible, or even conclusive, evidence of the standard of care of the "reasonable attorney" in legal malpractice cases? and (2) Will a proper definition of the "reasonable attorney" in the context of legal malpractice cases encourage and ultimately enhance professionalism in legal society?

More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith

Journal of Law, Technology, & the Internet

No abstract provided.

Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes

Journal of Law, Technology, & the Internet

No abstract provided.

Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague

Journal of Law, Technology, & the Internet

No abstract provided.

Kendall V. Discover Bank : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

A Short History Of The Mt Rules Of Evidence, Cynthia Ford

Faculty Journal Articles & Other Writings

This article traces the history of the wholesale revision of Montana's evidence rules that stemmed from a corresponding changes in the Federal Rules of Evidence (FRE) in 1975. The article begins discussion with the appointment of the Montana Supreme Court Commission on the Rules of Evidence in 1974 and continues to the adoption of the new Montana Rules of Evidence (MRE) effective January 1977.

The author points out that the current version of the MRE is substantively identical to the 1977 version. By contrast the FRE has gone through twenty separate, substantive amendments. The author suggests that the drastic difference …

Changing Workforce Demographics And The Future Of The Protected Class Approach, Nancy Levit

Faculty Works

The composition and identity characteristics of the American workforce are changing. The population in this country is rising, aging, and becoming much more racially and ethnically diverse. Appearance norms are shifting too. These changes have enormous implications for constitutional and employment discrimination law. In both equal protection and employment discrimination cases, recovery usually depends on membership in a constitutionally or statutorily protected category. Yet the statutory approach to anti-discrimination law has stagnated. Part of the difficulty of the protected class approach is that it is based on something of a paradox — the paradox of exceptionalism. Class-based protection requires individuals …

The Department Of Justice Chases Mice While Lions Roam The Campsite: Why The Department Has Failed To Prosecute The Elite Frauds That Drove The Financial Crisis, William K. Black

Faculty Works

No abstract provided.

Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Factoids, Allen K. Rostron

Faculty Works

What exactly is the difference between a factoid and a fact? Norman Mailer intended the word "factoid" in a biography of Marilyn Monroe, using it to mean things that seem to be facts but really are not. But CNN Headline News and most writers eventually began using the word to mean a nugget of information that is true but trivial or presented without adequate context. To avoid confusion, I suggest that the term "pseudo-fact" is a great candidate to take over the role that Mailer intended for "factoid".

Lessons Learned About Classroom Teaching From Authoring Computer-Assisted Instruction Lessons, Barbara Glesner Fines

Faculty Works

No abstract provided.

Children's Interests: An Annotated Bibliography, 2010-12, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2008. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.

Marital Property Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.

Necessarily Unpredictable - Oil Spill Risks Beyond The Horizon, Jamison E. Colburn

MC Law Review

No abstract provided.

Table Of Contents-Issue 3, Mc Law

MC Law Review

Table of Contents

Of Lignite Mining And The Rights Of Surface Owners: A People's Response To The Advantages Of Title Certainty, Troy Farrell Odom

MC Law Review

No abstract provided.

To Vest Or Not To Vest - That Is The Question - The Rule Against Perpetuities And Preferential Rights To Purchase In Mississippi Oil And Gas Law, Jessica L. Thornhill

MC Law Review

Comment

Consequences Of An Insurer's Breach Of The Duty To Defend: Columbia Casualty Co. V. Hiar Holdings, Llc In The Context Of The Ali Restatement Of The Law Of Liability Insurance, Jeffrey E. Thomas

Faculty Works

An insurer's duty to defend in connection with liability insurance policies is well-established and reasonably well understood. The consequences for the breach of that duty, however, are much less clear. On one hand, one might argue that this duty is a contractual duty giving rise to contractual remedies. The insured provides its own defense and, if the insurer wrongfully failed to provide a defense, the insured is entitled to reimbursement of its defense costs. On the other hand, this remedy seems insufficient; the value on an insurer's participation in the defense of a case goes beyond well merely paying the …

Clear As Mud: Pleasant Grove City V. Summun And Riding The Undefined Line Between Government Speech And Private Speech In A Public Forum, Jessica L. Thornhill

MC Law Review

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