Law Commons^™

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America, John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn

Faculty White Papers

This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …

A Case Study Of Gender Neutral Policies In University Housing, Josh Chave

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Gender neutral housing is an innovative new policy being developed in colleges around the country. One reason to create these policies is an attempt to meet the unique needs and challenges of lesbian, gay, bisexual, and transgender students. As the number of gender neutral housing policies in the United States continues to rise, research has been slow to meet the growing demand for empirical data on gender neutral housing.

The dissertation presented a case study of one institution. Interviews and focus groups were conducted with administrators, gender neutral housing committee members, residence life staff, and students. This dissertation examined the …

Amicus Curiae Brief Of Law Professors On Issue Of Exhaustion In Support Of Petitioners. Epa V. Eme Homer City Generation, 134 S.Ct. 1584 (2014) (Nos. 12-1182, 12-1183), Amy J. Wildermuth, Sanne H. Knudsen

Court Briefs

Amici Curiae are law professors who research, teach, and write on federal environmental and administrative law. They are concerned in this case by the majority's conclusion below that issues related to the interpretation of ambiguous statutory language could be reached even though they were never raised during the rulemaking process. This conclusion is contrary to the clear language of the issue exhaustion requirement articulated in Section 307(d)(7)(B) of the Clean Air Act and contrary to the proper role of reviewing courts under Chevron. As a result, it could have far-reaching impacts for a wide array of administrative cases and …

The Irony Of Choice, Cam T. Nguyen

SURGE

We are having the inevitable late night conversation. You talk about your eventual wedding, your marriage to the person you love, the timeline you’ve created for yourself, and your plans for what our future children will do together. I clarify that I don’t want to have children, but you can’t seem to understand that decision. You question how happy, satisfied, or fulfilled my life will be without children, the maternal instincts I’m supposed to be feeling, and my desire to have something to care for and love. You’re convinced that I will recognize how empty my life will be sans …

The Illustrated Guide To Criminal Law, Rebecca Mattson

Law Library Faculty Works

No abstract provided.

Vol. 45, No. 02 (September 9, 2013)

Indiana Law Annotated

No abstract provided.

Legal Education For All (Or More Than Just Lawyers), Carol A. Parker

Faculty Scholarship

Virtually every sector of today's economy would benefit from employing workers with more than superficial knowledge of the law. Fields potentially ripe for the concept include health-care policy, artificial intelligence, cybersecurity, public affairs, banking, and environmental sciences, to name just a few. An interdisciplinary approach would provide graduates of these new programs with greater access to the job markets of interdisciplinary partners—something that traditional joint degrees based on combining the J.D. program with master's degrees from other disciplines rarely do.

Legal Education For All (Or More Than Just Lawyers), Carol A. Parker

Faculty Scholarship

While the need to acquire a working understanding of our laws and regulations seems only to grow, access to legal information is still largely kept at a premium by legal educators, who provide it almost exclusively through the juris doctor degree.

Only a small percentage of American law schools offer master's-level legal-studies degrees, which are typically equivalent to taking two semesters' worth of law-school courses. These non-J.D. graduate degrees are aimed at students seeking knowledge about law, but combining such programs with subject matter drawn from other disciplines to create discrete programs remains rare.

Climate Of Confusion: Climate Change Litigation In The Wake Of American Electric Power V. Connecticut, James Flynn

Georgia State University Law Review

No abstract provided.

Bay Area Rapid Transit Actions Of August 11, 2011: How Emerging Digital Technologies Intersect With First Amendment Rights, Erika Pitzel

Georgia State University Law Review

No abstract provided.

A Father's Right To Counsel In Georgia Juvenile Court Legitimation Proceedings: Closing The Due Process Loophole, Meg Buice

Georgia State University Law Review

No abstract provided.

Negligence, Responsibility, And The Clumsy Samaritan: Is There A Fairness Rationale For The Good Samaritan Immunity?, Dov Waisman

Georgia State University Law Review

No abstract provided.

(Mis)Conceptions Of The Corporation, Reza Dibadj

Georgia State University Law Review

No abstract provided.

Priceless Property, Kirsten Matoy Carlson

Georgia State University Law Review

No abstract provided.

September 7, 2013: Religious Identity And Sports Teams, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religious Identity and Sports Teams“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

China's Market Economy Status Under Wto Antidumping Law After 2016, Weijia Rao

Faculty Scholarship

Paragraph 15(d) of China’s Accession Protocol provides that the provisions of subparagraph 15(a)(ii) shall expire in 2016. Subparagraph 15(a)(ii) permits the importing Member to derogate from a strict comparison with Chinese prices or costs when determining the normal value of the products if the producers under investigation cannot clearly show that Market Economy conditions prevail in the industry in question. While a respected commentator argues that, despite the stipulated expiration, the importing Member can still treat China as a Non-Market Economy and use alternative methodologies based on the remaining provisions in the chapeau, this paper takes a different view by …

Towards A Public Health Legal Structure For Child Welfare, Josh Gupta-Kagan

Faculty Publications

The present American child welfare system infringes upon the fundamental liberty interests of millions of children and parents, is adversarial and punitive, and fails to prevent child maltreatment or protect children adequately from its most severe forms. Many in the field now recognize that a public health model would more effectively support the parent-child relationship and protecting children from maltreatment than the current paradigm. Despite much attention to such an approach, the field has yet to develop a clear vision for how the law could or should support a public health approach or shape the actions of individuals and institutions …

Boyd Briefs - Sept. 5, 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.

Patent Assertion And Startup Innovation, Colleen Chien

Faculty Publications

This report, supported by funding from the New America Foundation, details the experiences of startups with patent assertion based on surveys of about 300 venture capitalists and venture-backed startups conducted in 2013. According to survey responses, patents for novel inventions play a generally positive and at times crucial role for startups. They help to transfer technology, enable investment, and improve exits, particularly in bio/pharma industries. But patent assertions by NPEs, which at times hit startups when they are least able to fight them — on the eve of a funding or acquisition event, or, 40% of the time, in the …

Santa Clara Law Best Practices In Patent Litigation Survey, Colleen Chien, Nicole Shanahan, Daniel Dobkin, Wesley Helmholz, Coryn Millslagle, Christopher Patrick Tosetti

Faculty Publications

Over the past few years, Congress, appellate, and district courts have made significant strides to improve patent law and litigation practice. Congress is now considering making more changes, to supplement ongoing tailoring by the courts. Dialog between the patent bench, patent bar, and lawmakers is crucial for informing these efforts. To support this dialog, we developed, in consultation with judges and company lawyers in spring of 2013, a list of questions to probe the experiences, opinions, and suggestions of lawyers. We asked survey takers to rate, on a range from ineffective to very effective, certain existing and proposed practices and …

The One Or The Many, Jens David Ohlin

Cornell Law Faculty Publications

The following Review Essay, inspired by Tracy Isaacs’ new book, Moral Responsibility in Collective Contexts, connects the philosophical literature on group agency with recent trends in international criminal law. Part I of the Essay sketches out the relevant philosophical positions, including collectivist and individualist accounts of group agency. Particular attention is paid to Kornhauser and Sager’s development of the doctrinal paradox, Philip Pettit’s deployment of the paradox towards a general argument for group rationality, and Michael Bratman’s account of shared or joint intentions. Part II then analyzes, with cautious support, Isaacs’ two-level solution, which entails both individual and collective …

Millennium Development Goals And The Protection Of Displaced And Refugee Women And Girls, Susan M. Akram

Faculty Scholarship

The international protection regime of refugee, stateless and displaced women and girls has significant deficiencies. As refugees and displaced persons, women and girls experience unique challenges. They suffer abuse disproportionately as women through rape, human trafficking, and female genital mutilation. Women and girl refugees face greater challenges and risks to safety at every stage of displacement: in refugee camps, in urban spaces, in transit to safe haven, and in the process of obtaining legal status. They are frequently at the mercy of male family members in making claims to refugee and asylum status, as females are often unable to obtain …

Goliath Versus Goliath In High-Stakes Mbs Litigation, Bradley T. Borden, David J. Reiss

Cornell Law Faculty Publications

The loan-origination and mortgage-securitization practices between 2000 and 2007 created the housing and mortgage-backed securities bubble that precipitated the 2008 economic crisis and ensuing recession. The mess that the loan-origination and mortgage-securitization practices caused is now playing out in courts around the world. MBS investors are suing banks, MBS sponsors and underwriters for misrepresenting the quality of loans purportedly held in MBS pools and failing to properly transfer loan documents and mortgages to the pools, as required by the MBS pooling and servicing agreements. State and federal prosecutors have also filed claims against banks, underwriters and sponsors for the roles …

Ndls Update 09/03/2013, Notre Dame Law School

NDLS Update

No abstract provided.

September 3, 2013: Why Jewish, But Not Christian, Writers?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Jewish, but Not Christian, Writers?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

De Kwakel B.V. V. Hajaj, Hanan Melcer, Salim Joubran, Elyakim Rubinstein

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.]

This is an appeal on a judgment of the Tel Aviv District Court, in which the appellants’ action for a permanent injunction against the respondents, which would prohibit them from utilizing (within the meaning of this term in the Plant Breeders’ Rights Law, 1973) protected varieties of “gerbera” seedlings and flowers (hereinafter: “the protected varieties”), the registered rights in which are held by the …

Citizens For Balanced Use V. Maurier, Carolyn A. Sime

Public Land & Resources Law Review

The Montana Supreme Court held that the district court erred as a matter of law and abused its discretion when it granted a preliminary injunction preventing Montana Department of Fish, Wildlife & Parks (DFWP) from subsequently transferring some Yellowstone quarantined bison from Ft. Peck tribal lands to Ft. Belknap tribal lands. DFWP did not violate the DFWP-specific statute barring it from transferring bison to “public and private lands” without landowner consent, a management plan, and public hearings because tribal lands are neither public nor private lands. Tribal lands are in a special class, and the United States and Tribes retain …

Originalism, Stare Decisis, And Constitutional Authority, Christopher J. Peters

All Faculty Scholarship

This chapter examines the relationship among three normative questions about

American constitutional law: How should the Constitution be interpreted? When

may (or should) the Supreme Court overrule its own constitutional precedents? And

why is the Constitution binding at all? The author begins by de-constructing the

“special difficulty” with stare decisis that proponents of originalist interpretation

often perceive. That difficulty, the author contends, can be ex-plained only by

reference to some underlying normative theory of constitutional authority―of why

the Constitution binds us in the first place. The author then as-sesses four extant

accounts of constitutional authority to determine whether any of …

Acum V. Emi, Daphne Barak-Erez, Zvi Zylbertal, Elyakim Rubinstein

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.]

In 2004 the Director-General of the Antitrust Authority determined that the activity of ACUM (a corporation that operates to manage its members’ copyrights in musical works in Israel) constitutes a monopoly on managing copyright over musical works. In 2011 the Antitrust Tribunal (“the Tribunal”) approved the activity of ACUM as a cartel, subject to a series of requirements (“the permanent requirements”), which would be …

Volume 86, Issue 1 (2013)

Obiter Dicta

No abstract provided.