Law Commons^™

Ndls Update 09/17/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen Henderson

Other Faculty Publications

An invited essay for Constitution Day, also available here: http://blogs.law.widener.edu/constitution2013/2013-essay-authors/stephen-henderson/It addresses the national security surveillance disclosed by Edward Snowden and others, and asks whether a fundamental shift would be prudent in the era of Big Data.

Adam V. Knesset (Summary), Edna Arbel, Asher Grunis, Miriam Naor, Salim Joubran, Esther Hayut, Yoram Danziger, Uzi Vogelman, Isaac Amit

Translated Opinions

In a judgment given on 16 September 2013, an extended panel of nine Justices of the Supreme Court of Israel decided the question of the constitutionality of the arrangement enacted by the Knesset in 2012, in amendment no. 3 of the Prevention of Infiltration Law (Offenses and Adjudication), 5714-1954, which allows holding infiltrators in custody for a period of three years.

All nine Justices of the panel held, unanimously, that the arrangement is unconstitutional because it disproportionately limits the constitutional right to liberty determined in Basic Law: Human Dignity and Liberty.

Regarding the scope of constitutional relief the court held, …

Brief Of Eugene Volokh, Richard W. Garnett, Michael Stokes Paulsen, Timothy Zick, William E. Lee, Alan K. Chen, & Ronald J. Krotoszynski, Jr. As Amici Curiae In Support Of Petitioners, Kevin C. Walsh, Matthew A. Fitzgerald, Andriana S. Daly, Richard W. Garnett

Court Briefs

No. 12-1168
Eleanor McCullen v. Martha Coakley

On Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

Even many steadfast supporters of abortion rights believed that the Court erroneously applied the First Amendment in Hill v. Colorado, 530 U.S. 703 (2000). As put bluntly by leading liberal scholar Professor Laurence Tribe, Hill was among the candidates for “most blatantly erroneous” decisions of the 1999 Term. Tribe added that the case was “slam-dunk simple” yet the Court got it “slam-dunk wrong.”

Specifically, pro-choice and pro-life scholars alike agreed that the …

Volume 86, Issue 2 (2013)

Obiter Dicta

No abstract provided.

Vol. 45, No. 03 (September 16, 2013)

Indiana Law Annotated

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You Don’T Have To, But It’S In Your Best Interest: Requiring Express Ideological Statements As Conditions On Federal Funding , Chase Ruffin

Georgia State University Law Review

No abstract provided.

The Unconstitutional Torture Of An American By The U.S. Military: Is There A Remedy Under Bivens?, Katrina Carmichael

Georgia State University Law Review

No abstract provided.

Drawing The Line: Dna Databasing At Arrest And Sample Expungement , Jesika Wehunt

Georgia State University Law Review

No abstract provided.

Can The Endangered Species Act Save The Apalachicola? , Richard Hamann

Georgia State University Law Review

No abstract provided.

Drinking From The Same Cup: Federal Reserved Water Rights And National Parks In The Eastern United States , Ryan Rowberry

Georgia State University Law Review

No abstract provided.

Updating Twentieth Century Water Projects To Meet Twenty-First Century Needs: Lessons From The Tri-State Water Wars , Lewis Jones, John Fortuna, Karen Johnston

Georgia State University Law Review

No abstract provided.

A River Runs Through It: The Future Of The Columbia River Treaty, Water Rights, Development, And Climate Change , Scott Mckenzie

Georgia State University Law Review

No abstract provided.

Commerce, Death Panels, And Broccoli: Or Why The Activity/Inactivity Distinction In The Health Care Case Was Really About The Right To Bodily Integrity , Michael Dorf

Georgia State University Law Review

No abstract provided.

September 13, 2013: Kol Nidre, Bruce Ledewitz

Hallowed Secularism

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

Tor Exit Nodes: Legal And Policy Considerations, Sarah Campbell Eagle, Abigail St. Hilaire, Kelly Sherwood

Technology Law and Public Policy Clinic

Anonymity Networks

The Internet is a constant companion to people the world over and as technology improves it is becoming more accessible every day. With the amount of communication that occurs online, it was only a matter of time before anonymity became an important topic of discussion. Several so-called “anonymity networks” have been developed to facilitate anonymous communication by the citizens of the web. Because the use of these networks is already so widespread, the time is ripe for a discussion of their merits and potential government responses to this phenomenon. An anonymity network “enables users to access the Web …

Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government (Agenda), Virginia Coastal Policy Center, William & Mary Law School, Commonwealth Of Virginia, Virginia Institute Of Marine Science, Virginia Environmental Endowment

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

No abstract provided.

Boyd Briefs - Sept. 12, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Guantanamo Military Commissions: Reflections From A Legal Observer (Part I, Ii & Iii), Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

A Tale Of Two Responses To Lgbti Violence, Lauren Carasik

Media Presence

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Powerpoint And Prezi Tips & Tricks, Debbie Ginsberg

Presentations

In this Brown Bag, advanced tools in PowerPoint such as SmartArt and Presenter Mode were discussed, and new features in Prezi, a popular online alternative to PowerPoint, were reviewed.

September 11, 2013: On The Occasion Of 9/11, Bruce Ledewitz

Hallowed Secularism

Blog post, “On the Occasion of 9/11“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Texas Hold ’Em - The State Refuses To Allow Same-Sex Couples Married Elsewhere To Get Divorced. Is This The Next Constitutional Showdown Over Marriage Equality?, Sonja R. West, Dahlia Lithwick

Popular Media

The court papers don’t tell us all that much about what happened between the couple described only as “J.B.” and “H.B.” We can assume there once was love and then, at some point, there wasn’t. Their parting, we’re told, was amicable. The problem is that J.B. and H.B. are both men. The other problem is that they live in Texas. The two were married in Massachusetts in 2006, where same-sex marriage has been legal since 2004. They later moved to Texas, and now want to get divorced. Texas, however, won’t let them. And they cannot get divorced in Massachusetts either, …

Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated White Mountain Apache Tribe Water Rights Quantification Agreement; Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States, Arizona Water Company, Buckeye Water Conservation and Drainage District, Buckeye Irrigation Company, Central Arizona Water Conservation District, City of Avondale, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, Roosevelt Water Conservation District, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association. Contents: Agreement 117 pages: 1.0 Recitals p. 2; 2.0 …

Western Watersheds Project V. Ashe, Graham Coppes

Public Land & Resources Law Review

In June of 2013, Western Watersheds Project sued the Director of the United States Fish and Wildlife Service over the agency’s decision not to list the Pygmy Rabbit as an endangered or threatened species under the Endangered Species Act. The United States District Court for the District of Idaho upheld the agency’s determination as reasonable and worthy of judicial deference despite the lack of scientific research surrounding the species because the ESA does not require the FWS to conduct its own scientific inquires to comply with the statute. Going forward, this decision appears to ease the FWS’s burden in defending …

Conservation Congress V. U.S. Forest Service, Katelyn J. Hepburn

Public Land & Resources Law Review

This case involves challenges to the adequacy of the United States Forest Service’s biological assessment authorizing a timber sale in the Shasta-Trinity National Forest of Northern California. The plaintiff requested an injunction under the Endangered Species Act (“ESA”) alleging that the Forest Service failed to adequately evaluate the effects the timber sale could have on the northern spotted owl’s critical habitat. The Ninth Circuit affirmed the District Court for the Eastern District of California, finding that the Forest Service’s actions did not violate the ESA and that the ESA imposes a lesser requirement than the National Environmental Policy Act (“NEPA”) …

Koontz V. St. Johns River Water Management District, Ross Keogh

Public Land & Resources Law Review

Koontz extends the application of Nollan and Dolan, which require exactions of real property for land-use permits to share a “nexus” and be “roughly proportional” to the regulation to be constitutional. A divided United States Supreme Court held that “monetary exactions,” potentially including building permit fees or impact fees, must satisfy the Nollan and Dolan requirements even if the government denies the permit.[1] The Court did not reach the merits of the petitioner’s appeal.

[1](Kagan, Ginsburg, Breyer, and Sotomayor, JJ., dissenting).

The Terrorism Risk Insurance Act: Time To End The Corporate Welfare, Robert J. Rhee

Faculty Scholarship

The terrorist attacks of September 11, 2001, inflicted enormous losses on the insurance industry and businesses. In the wake of the disruptions occurring in the insurance market at the time, the government enacted the Terrorism Risk Insurance Act of 2002 to create a “temporary” federal backstop against catastrophic losses. This program subsidized private risk with public funds through a cost-sharing program for which the government does not receive any compensation. The compelling need for the program was unclear even in the smoldering aftermath of 9/11. Yet in response to effective lobbying by the insurance industry and business interests, Congress has …

Amicus Briefs Of The National Association Of Consumer Advocates In Day V. Persels & Associates, 729 F.3d 1309 (11th Cir. 2013), Brian Wolfman

U.S. Supreme Court Briefs

These amicus briefs are likely to interest legal academics and practitioners who write, research, and practice in the areas of (1) federal courts, (2) class actions, (3) separation of powers, (4) constitutional law more generally, and (4) federal litigation.

In Day v. Persels & Associates, 729 F.3d 1309 (11th Cir. 2013), an absent class member objected to a class-action settlement. The objector argued that the settlement was unfair because, among other reasons, it provided no monetary recovery to the class members. In the district court, prior to class certification and settlement, the defendants and the named plaintiff had consented …

Ndls Update 09/10/2013, Notre Dame Law School

NDLS Update

No abstract provided.