Law Commons^™

Vol. 45, No. 01 (September 3, 2013)

Indiana Law Annotated

No abstract provided.

Telran Communications, Ltd. V. Charlton, Ltd., Zvi Zylbertal, Isaac Amit, 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.]

Facts: The Respondent and Cross-Petitioner (hereinafter: Charlton) acquired the exclusive right to broadcast the summer 2006 FIFA World Cup in the State of Israel. The Petitioner and Cross-Respondent (hereinafter: Telran) sold decryption cards (hereinafter: cards) that enabled the decryption of encrypted satellite broadcasts of foreign broadcast networks. The foreign networks broadcasted the World Cup games by encrypted satellite broadcast. The broadcasts …

Punitive Military Strikes On Syria Risk An Inhumane Intervention, Jennifer Moore

Faculty Scholarship

The 1949 Geneva Conventions do not justify US missile strikes in Syria in response to chemical weapons attacks on the civilian population.

Issue Brief: Auditing Your Town's Development Code For Barriers To Sustainable Water Management, New England Environmental Finance Center

Sustainable Communities Capacity Building

This issue brief is intended for town officials who want to understand how development regulations in their community affect local water resources. Municipal development codes – the set of regulations that control the built environment – can have a great influence on the availability of clean and healthy water for drinking, recreation, and commercial uses. This in turn affects the community’s social, environmental, and economic vitality.

Comprehensive plans, zoning codes, and building standards are just a few examples of regulations that intentionally or unintentionally regulate the way water is transported, collected and absorbed. Regulations that produce dispersed development or large …

Issue Brief: Saving By Mitigating, University Of Louisville, New England Environmental Finance Center

Sustainable Communities Capacity Building

Natural disasters can cause loss of life, inflict damage to buildings and infrastructure, and have devastating consequences for a community’s economic, social, and environmental well-being. Hazard mitigation means reducing damages from disasters.

Local governments have the responsibility to protect the health, safety, and welfare of their citizens. Proactive mitigation policies and actions help reduce risk and create safer, more disaster-resilient communities. Mitigation is an investment in your community’s future safety, equity, and sustainability.

The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

The Forum (Volume 43, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Expanding The Scope Of The Federal Arbitration Act: An Examination Of The Seventh Circuit's Opinion In Green V. U.S. Cash Advance, Illinois, Llc, Christine L. Milkowski

Seventh Circuit Review

The Roberts Court's expansive interpretation of the Federal Arbitration Act (FAA) has ushered in a new era of pro-arbitration jurisprudence, allowing lower courts to categorically enforce arbitration agreements. Underlying this zealous application is Section 2 of the FAA, which states that arbitration agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of a contract."

In Green v. U.S. Cash Advance, Illinois, LLC, the Seventh Circuit enforced an arbitration agreement between a consumer and payday lender, despite the fact that the named arbitration forum had been unavailable since the …

Distinguishing The Corporal From The Divine: Legal Fictions Create Bodies Not Souls, Daisy Ayllon

Seventh Circuit Review

Can a for-profit, secular corporation exercise religion? If so, does the Affordable Care Act's requirement that employer-provided health insurance plans offer women of reproductive age contraceptives violate free exercise rights?

Plaintiffs challenging the "contraceptive mandate," as it is commonly known, argue that it violates their rights under the Religious Freedom Restoration Act (RFRA) because it imposes a substantial burden on their religious exercise without meeting strict scrutiny. Although these challenges do present courts with a novel issue (whether a secular, for-profit corporation is a "person" capable of "exercising religion"), the answer to the broader question should be clear: requiring corporate-provided …

A Sight For Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 Of The Clayton Act, Ryan Moore

Seventh Circuit Review

In order to hail a defendant into federal court, a plaintiff must establish personal jurisdiction and venue. Under general principles of federal law, personal jurisdiction is proper whenever the defendant would be amenable to suit under the laws of the state in which the federal court sits. And venue is proper in any district where the defendant "resides" (i.e., is subject to personal jurisdiction). Section 12 of the Clayton Act, however, supplements these general principles. It has a liberal service-of-process provision that allows personal jurisdiction in any federal district court in the nation. But venue is proper only in the …

Honor Thy Father And Thy Mother: Religious Accommodation Under Title Vii In Adeyeye V. Heartland Sweeteners, Llc, Zeke Katz

Seventh Circuit Review

Title VII of the Civil Rights Act provides that an employer must reasonably accommodate an employee's request for a leave of absence due to a religious observance or practice, as long as that accommodation does not present an undue hardship for the employer. The amendments to Title VII, and the Guidelines issued by the Equal Opportunity Employment Commission in response to Title VII, reveal a trend towards a broad interpretation of religious accommodation in the workplace. The Seventh Circuit Court of Appeals continued and exemplified this trend in Adeyeye v. Heartland Sweeteners, LLC.

In Adeyeye, where an employee …

Chain Gang: Examining The Seventh Circuit's "Chain Of Distribution Test" When Applying Minimum Sentences For Drug-Related Deaths, David Starshak

Seventh Circuit Review

If a person dies or is seriously injured after using illegal drugs, the person who sold them the drugs is subject to mandatory minimum sentences under 21 U.S.C. § 841(b). But what happens when the person who sold the drug is a member of a drug distribution conspiracy? How can the courts go after the other members of that organization?

The Seventh Circuit answered these questions in United States v. Walker, when it held that other members of the conspiracy could also be subject to § 841(b)'s minimum sentences as long as they were within the "chain of distribution" …

Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu

Seventh Circuit Review

Individuals seeking asylum must prove past persecution or a well-founded fear of persecution on account of one of five protected grounds, one ground being membership in a particular social group. In Matter of Acosta, the Board of Immigration Appeals defined a social group as a group of persons who share an immutable characteristic, meaning a characteristic that is either unchangeable or fundamental to one's identity or conscience such that the person should not be required to change. Despite listing sex as an immutable characteristic in Acosta, courts are reluctant to accept social group formulations based on gender alone. …

Your Call Is Now Being Monitored: Should Municipalities Be Liable For Unauthorized Wiretapping?, Mckenna M. Prohov

Seventh Circuit Review

In Seitz v. City of Elgin, the Seventh Circuit ruled that the Federal Wire Tapping Act (FWA) does not authorize a civil lawsuit against a municipality for intentionally disclosing or using electronic communications. While amendments to the FWA have expanded the potential scope of liability to reach municipalities, the court said in an opinion by Judge Joel M. Flaum that they did so only as a means of vindicating rights stated elsewhere in the Act. The decision created a circuit split, because the Sixth Circuit previously found that the FWA amendments brought municipalities within the potential ambit of liability. …

Advantageous Attacks: The Role Of Advantage In Targeting People Under The Law Of Armed Conflict, Krista Nelson

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Toward A New Human Rights Paradigm: Integrating Hitherto Neglected Traditional Values Into The Corpus Of Human Rights And The Legitimacy Question, Obiajulu Nnamuchi

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Stein Center News - September 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

A Constitutional Balancing In Need Of Adjustment: On Defamation, Breaches Of Confidentiality, And The Church, Mark P. Strasser

First Amendment Law Review

No abstract provided.

Constructing Constitutional Politics: The Reconstruction Strategy For Protecting Rights, Mark A. Graber

Faculty Scholarship

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Physicians, Firearms & Free Expression: Reconciling First Amendment Theory With Doctrinal Analysis Regarding The Right To Pose Questions To Patients, Clay Calvert, Daniel Axelrod, Justin B. Hayes, Minch Minchin

First Amendment Law Review

No abstract provided.

Crushing Animals And Crashing Funerals: The Semiotics Of Free Expression, Harold Anthony Lloyd

First Amendment Law Review

No abstract provided.

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Masthead & Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

A Napoleonic Approach To Climate Change: The Geoengineering Branch, Anthony E. Chavez

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is an inevitable consequence of human greenhouse gas emissions. Without substantial changes in anthropogenic causes of climate change, there will be severe negative impacts on our planet. Complete abolition of greenhouse gas emissions, however, is not possible, nor will it necessarily stop the negative impacts of climate change. Therefore, substantial research must be done in geoengineering to understand better how we can positively act to avert significant climate change. Given the practical difficulties and potential effects, there must be comprehensive oversight. Currently, differing national laws makes this difficult. Additionally the United States laws do not properly cover climate …

Farm To Institution, Harvard Law School Food Law And Policy Clinic, Harvard Law School Mississippi Delta Project

Delta Directions: Publications

In a state with rich agricultural resources and a long farming tradition, why are Mississippi’s institutions serving fruits and vegetables mostly shipped from other states and countries? Connecting Mississippi growers with institutions within the state offers a promising way to increase fruit and vegetable consumption while improving the economic viability of local farms. This step-by-step guide aims to help growers in Mississippi start to sell locally grown foods to be served in meals at institutions around the state, such as hospitals, schools, prisons, and state and local government agencies.