Law Commons^™

Ndls Update 12/11/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Patent Assertion Entities, Colleen Chien

Faculty Publications

The DOJ and FTC held a workshop on patent assertion entities on Dec 10 2012. This talk gives an overview of the economics, policy of patent assertion entities drawing upon previous and new empirical work. Using pathbreaking, disruptive techniques and capturing economies of scale, PAEs drive down the cost of patent enforcement. PAEs brought 61% of all patent litigations in 2012, representing fewer defendants than in 2011, because of changes in the patent law. 76% of PAE defendants were sued by a PAE that sued more than 15 defendants, and 61% were sued by a PAE that had brought 8 …

Marriage Pluralism, Family Law Jurisdiction, And Sex Equality In The United States, Linda C. Mcclain

Faculty Scholarship

In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women's rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical …

Summary Of Einhorn V. Bac Home Loans Servicing, L.P., 128 Nev. Adv. Op. 61, David H. Rigdon

Nevada Supreme Court Summaries

Appeal from a District Court order finding that BAC Home Loan Servicing, L.P (BAC) met its showing of lack of bad faith during foreclosure mediation and affirming the issuance of a Letter of Certification.

Summary Of Grisham V. Grisham, 128 Nev. Adv. Op. 60, Timothy A. Wiseman

Nevada Supreme Court Summaries

The court considered whether a written, but unsigned property settlement agreement draft, which had been entered into evidence, can be considered binding.

Summary Of United Rentals Highway V. Wells Cargo, 128 Nev. Adv. Op. 59, Joseph Sakai

Nevada Supreme Court Summaries

An appeal regarding contract language’s effect on an indemnitor’s duty to indemnify and defend an indemnitee in a personal injury action where the language provides that indemnification will occur “to the extent” that any injury or damage is “caused” by the indemintor.

Insights And Blind Spots: A Qualitative Analysis Of Risk In Psychiatric Security Review Board Hearings, Abby Kealani Balfour

Dissertations and Theses

The prevalence and consequences of the insanity plea, titled "guilty except for insanity" in the State of Oregon, are fraught with misconceptions. The use of the plea requires a complex set of interactions between the mental health and criminal justice systems, and comes with severe costs for people who use it. Most of the research on the psychological aspects of the insanity plea emphasizes empirical validity in the form of risk assessment instruments and/or the biomedical model with its focus on disease and illness. This thesis analyzes from community psychology and critical theory perspectives the decision process of hearings held …

Claiming Neutrality And Confessing Subjectivity In Supreme Court Confirmation Hearings, Carolyn Shapiro

All Faculty Scholarship

Supreme Court confirmation hearings provide a rare opportunity for the American people to hear what (would-be) justices think about the nature of judging and the role of the Supreme Court. In recent years, nominees have been quick to talk about judging in terms of neutrality and objectivity, most famously with Chief Justice Roberts’ invocation of the “neutral umpire,” and they have emphasized their reliance on legal texts and sources as if those sources can provide answers in difficult cases. Many of the cases heard by the Supreme Court, however, do not have objectively correct answers that can be deduced from …

Unemployment And Regulatory Policy, Eric A. Posner, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Unemployment And Regulatory Policy, Eric A. Posner, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz

Hallowed Secularism

Blog post, “Another Challenge From Religious Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

Popular Media

No abstract provided.

Vat Fraud & Triangulation, Richard Thompson Ainsworth

Faculty Scholarship

Missing trader intra-community (MTIC) fraud has received a lot of domestic enforcement attention. True cross border enforcement (joint or coordinated multi-Member State audit) has been limited. There are signs that this is changing as the Member States become more aggressive in their search for revenue.

Along with this shift in enforcement focus, triangulation analysis has moved from being an interesting aspect of the MTIC fraud structure to the central element in a larger understanding of how a fraudster thinks and how he carries out his fraud. We are coming to understand that triangulations are not only the mechanism of how …

The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen

All Faculty Scholarship

This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …

Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center

The Future of Natural Resources Policy (December 6)

This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Moderator: Dean Phil Weiser, University of Colorado Law School

Panelists:

Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality

Scott Miller, Visiting Assistant Professor, University of Colorado Law …

Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar

The Future of Natural Resources Policy (December 6)

18 pages (DO-5 through DO-22).

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture

The Future of Natural Resources Policy (December 6)

57 pages.

"Fiscal Year 2013 Budget Overview"

"February 2012"

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta

Nevada Supreme Court Summaries

The Court considered a petition for a writ of prohibition or mandamus in response to a district court’s denial of a motion to stay certain testimonial discovery in a civil proceeding occurring simultaneously to a criminal investigation.

Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair

City University of New York Law Review

No abstract provided.

Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead

Nevada Supreme Court Summaries

Appeals from district court judgments of conviction based on similar questions regarding double jeopardy and redundancy. The Court considered whether a criminal defendant who is charged with both attempted murder and battery or aggravated battery through a single act can be so charged, or whether such a charge constitutes double jeopardy, or violates Nevada’s common law redundancy theory.

Summary Of Holcomb V. Georgia Pacific, 128 Nev. Adv. Op. 56`, Miriam C. Meyer

Nevada Supreme Court Summaries

An appeal from a district court’s grant of summary judgment for manufacturers of asbestos-containing products.

Book Reviews, Betty Mcneil

UNLV Gaming Research & Review Journal

No abstract provided.

This Audience Is Weird: Reflections On What We Know Now In Gambling Research, Bo J. Bernhard

UNLV Gaming Research & Review Journal

No abstract provided.

Sport Tourists In A Gaming Destination: Predicting Gaming And Non-Gaming Expenditures, Chris Brown, James A. Busser, Seyhmus Baloglu

UNLV Gaming Research & Review Journal

Sport tourism is the fastest growing segment of the tourism industry. Although there are a number of benefits to cities as a result of sport tourism, the most desired aspect of hosting contests is economic impact. This study examined the gaming and non-gaming impact of six major sporting events held in Las Vegas over a ten-year period. The results indicate that length of stay is a significant contributor to economic impact and that sport tourism has an important role to play in the economy of Las Vegas.

Analyzing The Relationship Between Systematic Risk And Financial Variables In The Casino Industry, Toni Repetti, Jungsun Kim

UNLV Gaming Research & Review Journal

The gaming industry, previous to 2007, had experienced a continued increase in revenues and stock prices, but in late 2007, the industry started to be affected by a recession. To have a better understanding of the relationship between this external economic factor (recession) and a gaming company's systematic risk (beta), this study analyzed which financial ratios are significant predictors of beta and evaluated if these financial ratios better predict beta before or during the recession. The financial ratios examined in this study include return on assets, liabilities as a percentage of assets, asset turnover, quick ratio, EBIT growth rate, and …

Estimating The Impact Of California Tribal Gaming On Demand For Casino Gaming In Nevada, William R. Eadington, Richard H. Wells, Derek Gossi

UNLV Gaming Research & Review Journal

Since 1990, the California tribal casino industry has grown from a very small and insignificant industry to one with annual gross gaming revenues of about $7.5 billion per annum by 2009. Over this same period, Nevada's gaming revenues grew from approximately $5.0 billion in 1990 to $10.4 billion in 2009, having declined from a peak of $12.8 billion in 2007. Much of the recent decline in Nevada and especially Las Vegas can be attributed to the severity of the economic recession of 2007-2009. However, the major Northern Nevada destination resorts of Reno and South Lake Tahoe had experienced substantial slowdowns …

''Shots From The Pulpit:'' An Ethnographic Content Analysis Of United States Anti-Gambling Social Movement Documents From 1816-2010, Bo J. Bernhard, Robert Futrell, Andrew Harper

UNLV Gaming Research & Review Journal

The history of anti-gambling impulses is perhaps as old as the gambling impulse itself, but academic research has thus far neglected the topic of anti-gambling social movements. Using social movement literature as a theoretical guide and ethnographic content analysis as a methodological tool, this paper examines anti-gambling documents produced in the United States over nearly two hundred years. During this period, three distinct periods emerge: first, an early ( 1816-1915) period framed the gambling act on strict religious grounds as an individual sin. This religious framing was then challenged by the rise of more rational and scientifically-based medical discourses on …

Evaluating The Impact Of A New Resort Amenity On Gaming Business Volumes, Anthony F. Lucas, Sarah Tanford

UNLV Gaming Research & Review Journal

Using performance data from an Atlantic City hotel-casino, theoretical models are advanced to estimate the effects of a new indoor pool/nightclub on both daily coin-in and table game drop. This study represents the first attempt to estimate the indirect gaming contributions of a new nongaming amenity. The pool/nightclub variable was found to significantly increase table game drop at a rate of $150,500 per day, but it failed to produce a significant effect in the coin-in model. The core model, design, and results described herein are critical to operators and developers alike, as estimating the impacts of new nongaming amenities on …

Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh

Touro Law Review

No abstract provided.

Systems Of Carbon Trading, Dr. Bruno Zeller

Touro Law Review

No abstract provided.