Law Commons^™

A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop

The University of New Hampshire Law Review

[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise …

Masthead, Volume 10, Number 2, 2012, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Ten, Issue Number Two.

Nova Law Review Volume 37-2012-2013, Raul Valero, Jenna Sobelman, Rachel Bausch, Abigail Brown

Law Review Mastheads

No abstract provided.

Googling Jurors To Conduct Voir Dire, J. C. Lundberg

Washington Journal of Law, Technology & Arts

During voir dire in Johnson v. McCullough, a medical malpractice case in Missouri, at least one juror failed to answer honestly a question about whether he had been a defendant or plaintiff in a lawsuit. After the verdict was entered, the plaintiff conducted a search on Missouri’s online case database and discovered that one of the jurors had been a defendant in a personal injury suit. In the resulting appeal, the Supreme Court of Missouri held that litigants should conduct a search in this database during voir dire, instead of waiting until after a verdict is entered. Johnson is …

Get Outta My Face[Book]: The Discoverability Of Social Networking Data And The Passwords Needed To Access Them, Mallory Allen, Aaron Orheim

Washington Journal of Law, Technology & Arts

Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information in McCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase, Inc. based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, …

Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis

University of Miami International and Comparative Law Review

According to the traditional theory of judicial decision-making, legal rules constrain judicial creativity because they entail an objectively correct legal answer. Therefore, even if judges want to engage in judicial legislation they are nonetheless constrained by legal rules. This article argues that this understanding is flawed. First, the selection effect ensures that most cases that reach international courts revolve around uncertain legal rules. Second, various cannons of construction will usually allow judges to ascertain several equally plausible legal rules; judges are likely to select those rules which favor their preferred outcome of the case; and their preferred outcome will be …

Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel Zoghlin

Celebrating WCL Student Authors

No abstract provided.

The Icsid Under Siege, Leon E. Trakman

Cornell International Law Journal

Rights-based processes, including binding arbitration and traditional court trials, have limited remedies and may not address the full range of interests and needs that the parties may have. Disputes resolved on the basis of power (e.g. through gunboat diplomacy, or at the extreme, violence and war) weight the outcome in favour of the party with the most leverage, status and resources, but this may be costly on the relationships involved and may result in failure to vindicate rights.(1)

The History Of Internet Cafés And The Current Approach To Their Regulation, Marc W. Dunbar, Daniel R. Russell

UNLV Gaming Law Journal

This Article will examine the rise of Internet cafés by tracing their gambling roots back to the early evolution of gray market slot machines, such as mint dispensers, up to more modern pull-tab machines. It will also provide an overview of how local governments, state regulators, attorneys general, and state legislatures are dealing with the spread of Internet cafés and the “simulated gambling machines” played therein. Finally, it will offer some options to communities faced with these gambling operations when state laws provide insufficient guidance, regulation, or law enforcement to address the legitimacy of these operations.

Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris

UNLV Gaming Law Journal

In Ancient Rome, gambling, at least in the form of dice games, was generally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohibition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might …

High-Tech Casino Advantage Play: Legislative Approaches To The Threat Of Predictive Devices, David W. Schnell-Davis

UNLV Gaming Law Journal

This paper examines how device laws in the United States have dealt with predictive devices over the years and how device laws can be improved. Part I of this paper looks at how different laws address predictive devices. In addition, Part I examines three device laws in depth and compares their effectiveness. Part II discusses the history and evolution of several types of predictive devices, and how the laws in Part I have been applied. Part III proposes a model device law designed to address the shortcomings of current laws. Finally, Part IV looks at the future of device laws, …

Acronyms, Douglas E. Abrams

Faculty Publications

No abstract provided.

Empowering Settlors: How Proper Language Can Increase The Enforceability Of A Mandatory Arbitration Provision In A Trust, S. I. Strong

Faculty Publications

With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in identifying new and less expensive ways to resolve trust-related disputes. Arbitration is often proposed as a possible alternative, although questions exist about whether and to what extent a mandatory arbitration provision found in a trust will be considered enforceable by a court. Up until now, most commentary in this area of law has focused on purely jurisprudential issues, with little attention being paid to the practical efforts that settlors can make to increase the enforceability of arbitration provisions found in trusts. This Article takes …

Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

The Effect Of Violence On Tourism: Israel-Gaza Conflict, Jeromy Simonovic

In the Balance

No abstract provided.

The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams

In the Balance

No abstract provided.

Free Expression And Censorship: The Evolving Role Of American Companies In The Age Of The Internet, Daniel Witt

In the Balance

No abstract provided.

Us V. Aguilar And The Foreign Corrupt Practices Act: Sending An S.O.S. To Congress, Jared Chaykin

University of Miami Inter-American Law Review

No abstract provided.

National Discretion And International Deference In The Restriction Of Human Rights: A Comparison Between The Jurisprudence Of The European And The Inter-American Court Of Human Rights, Pablo Contreras

Northwestern Journal of Human Rights

No abstract provided.

International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg

Northwestern Journal of Human Rights

No abstract provided.

Punishment Without Conviction: Controlling The Use Of Unconvicted Conduct In Federal Sentencing, Gerald F. Leonard, Christine Dieter

Faculty Scholarship

Federal sentencing law is widely applied to punish offenders not only for the offenses of which they have been convicted, but also, in the same proceeding, for offenses of which they have not been convicted. Unlike many scholars, we accept that federal courts can, in the right circumstances, legitimately enhance sentences for facts and conduct found at sentencing, even when those facts and conduct constitute uncharged offenses or even charges on which the defendant actually won an acquittal. But we argue that in identifiable cases, the use of such sentencing facts does cross the line from appropriate contextualization of the …

2012 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Working for New Jobs, page 16

Faculty Briefs, page 18

Teaching Law Now, page 23

Alumni News & Advancement, Class Notes, page 34

Practicing Law Now, page 37

Studying Law Now, page 48

The White House … The Supreme Court … Guantanamo Bay, page 70

Looking Back, page 72

Lonely Colonist Seeks Wife: The Forgotten History Of America’S First Mail Order Brides, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley

Cornell International Law Journal

Russians' lack of trust in courts as an institution has been repeatedly documented through public opinion polling. Yet the caseload data show a steady increase in the use of courts by both individuals and firms in Russia. But these data cannot explain why Russians choose to use the courts. The Article makes use of two publicly available datasets grounded in representative surveys of Russian citizens and firms to investigate this puzzle. The existing literature assumes that the lack of legitimacy of courts in Russia forestalls use. While confirming the societal disdain for courts, the analysis reveals that this attitude has …

Leahy Law: Congressional Failure, Executive Overreach, And The Consequences, The , Nathanael Tenorio Miller

Cornell International Law Journal

No abstract provided.

Too Big To Fail - Towards A Sovereign Bankruptcy Regime, Davy V. H. Nguyen

Cornell International Law Journal

No abstract provided.

Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen

Cornell International Law Journal

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 2, Fall 2012

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Profile: Rob Denicola 4

Potuto Gives Chancellor’s Distinguished Lecture 6

Faculty Notes 8

Berger Receives Tenure 15

Schutz Granted Tenure 21

Shoemaker Joins Faculty 28

Stohs Opens Entrepreneurship Clinic 29

Thimmesch Joins Faculty 30

Feature: Client Counseling Competition Champions 31

Around the College

Bresel Experiences on Capitol Hill 38

Externships 39

Department of Defense Externship 42

Hilgers Joins Career Services 44

Big Ten Law Deans Meet at College 45

Karlan Delivers Lane Lecture 46

Laurin Lectures on Roberts Court 48

Admissions Report 50

Baughman Joins Admissions Office 52

Student Accolades 53

Students Volunteer at Voices …

Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick

Northwestern Journal of Human Rights

No abstract provided.

Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia, James Hagy

Rooftops Project

Benjamin Webb discusses the rewards and challenges of being responsible for facilities management and energy for the largest mixed-program cultural center in the Southeastern U.S.