Law Commons^™

Responsible Solutions: Reply To Tamanaha And Campos, Jay Sterling Silver

Texas A&M Law Review

At the end of Brian Tamanaha’s instant classic, Failing Law Schools, tracing the economic forces behind exorbitant law school tuition and graduate debt and unemployment, he lays out his plan to help resolve the crisis. He would eliminate tenure, dispense with the final year of law school, rely heavily on adjuncts and apprenticeships, and loosen the ABA accreditation standards mandating “one-size-fitsall” law schools to allow the marketplace to fashion more affordable models of legal education. Some schools would remain in the traditional, three-year mode, with faculty conducting research. Others would morph into, or spring up spontaneously as, the “law school …

Resoling International Shoe, Donald L. Doernberg

Texas A&M Law Review

Something has got to give. The Supreme Court has retreated from more than seven decades of personal jurisdiction analysis. After Goodyear Dunlop Tires Operations, S.A. v. Brown, the Court’s jurisprudence of general jurisdiction looked like an M.C. Escher print. If read fast enough, it appeared to make sense. Closer examination reveals an intellectual structure as impossible as anything that Escher could have drawn. Then the Court made it worse in Daimler AG v. Bauman. The Court seemingly has begun a project to rein in what it now regards as states’ unreasonable (and therefore unconstitutional) assertions of general jurisdiction over corporations. …

A Majestic Vacation: The Third Circuit Takes A Break From The Modern Trend Of Including Subchapter S Elections In The Property Of A Bankruptcy Estate, C. Chadwick Cullum

Texas A&M Law Review

Subchapter S elections provide small businesses and their owners with substantial tax benefits. These elections allow the businesses to avoid taxation at the corporate level and cause the tax liability of the company to pass through to the shareholders. When a Subchapter S entity enters bankruptcy, the company expects tax liability to continue to pass through to the shareholders, but the shareholders often want to shift the tax liability back onto the company because they do not have access to the company’s income while it is in bankruptcy. Whether Subchapter S elections are property of the company’s bankruptcy estate is …

In The Name Of National Interest? Assessing The Shift Of Australian Foreign Policy Regarding West Papua During 2006, Jaymin Beck

Theses : Honours

The Australian government currently maintains a strong position against an independent West Papua. Despite claims of human rights abuses by the Indonesian Government in West Papua and the huge number of West Papuan refugees fleeing to Australian shores, the Australian Government continues to tighten foreign policy and migration laws to make it increasingly difficult for West Papuans to seek asylum in Australia and hope for an independent West Papua. When Australia’s humanitarian intervention in the Timor-Leste fight for independence in 1999 is considered, reasons why the Australian government maintains an anti-separatist position towards West Papua are unclear. Australia took a …

Domestic Wells, Paul Bossert, Sarah Armstrong

Water Matters!

The domestic well statutes direct that the State Engineer “shall” issue a permit for certain types of temporary or low volume wells, including wells for household use. For the past fifty-five years, the Office of the State Engineer (OSE) has interpreted this to mean that such permits are granted with no evaluation, public notice, or hearing.

Taos Pueblo Water Rights Settlement, Paul Bossert, Darcy S. Bushnell

Water Matters!

In November of 2010, the Congress passed the Claims Resolution Act and on December 8, President Obama signed it into law. Title V of the Claims Act, the Taos Pueblo Indian Water Rights Settlement Act, settles the Pueblo portion of the Abeyta case and approves an agreement signed in 2006 by officials from Taos Pueblo, the State of New Mexico, and other interested water rights owners in the Taos area. The settlement act also helps resolve the non-Indian portion of Abeyta. The measure quantifies Taos Pueblo’s water rights and protects the interests of local acequias, the Town of Taos, and …

Water Trust Board, Joanne Hilton, Darcy S. Bushnell

Water Matters!

In 2001, the New Mexico legislature passed the Water Project Finance Act. The stated purpose of the Water Project Finance Act is to provide a financing mechanism to promote water use efficiency, water resource conservation and protection, and fair distribution and allocation of water to all users. The Water Trust Board was created in the Act. Its purpose is to: 1) oversee and administer the Water Trust Fund and Water Project Fund; 2) review and recommend funding for qualifying water projects to the legislature; and 3)pursue additional funding opportunities.

Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman’s article, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others.

Introduction: Petroleum Fundamentals In A Low-Price Environment – Will North Dakota Develop A Formula For Long-Term Success?, Owen L. Anderson

North Dakota Law Review

No abstract provided.

Iceberg, Right Ahead! A Compendium Of Title Issues In North Dakota, Blaine T. Johnson

North Dakota Law Review

No abstract provided.

Oil And Gas Title Law – A Review Of Fifty Common Problems – North Dakota, Timothy C. Dowd

North Dakota Law Review

No abstract provided.

Contracts – Mines And Minerals: North Dakota Rejects Extensions Of Oil Production Contracts On Unused Land, Jesse Liebe

North Dakota Law Review

No abstract provided.

North Dakota Bar Speech 2014 Mart Vogel Lecture On Professionalism And Legal Ethics, Lawrence J. Fox

North Dakota Law Review

No abstract provided.

Back To The Future With The Uniform Code Of Military Justice: The Need To Recalibrate The Relationship Between The Military Justice System, Due Process, And Good Order And Discipline, Anthony J. Ghiotto

North Dakota Law Review

No abstract provided.

Arrest—Reasonableness: The United States Supreme Court Permits Investigative Stops Based On Anonymous Tips Navarette V. California, 134 S. Ct. 1683 (2014), Peter Hvidston

North Dakota Law Review

No abstract provided.

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

A Life In The Law: An Interview With Drew Days, Rodger D. Citron

Touro Law Review

Drew S. Days, III, has lived an extraordinary life in the law. Born in the segregated South, Days graduated from Yale Law School in 1966 and pursued a career as a civil rights lawyer. In 1977, he was appointed Assistant Attorney General for Civil Rights. After his stint in the administration of President Jimmy Carter, Days became a professor at Yale Law School. Then, in 1993, he was appointed So-licitor General of the United States, serving in that position until 1996. He now holds the position of Alfred M. Rankin Professor Emeritus of Law and Professorial Lecturer in Law at …

Still An Issue: The Taking Issue At 40, Patricia E. Salkin

Touro Law Review

In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners” (The Takings Issue), the Council on Environmental Quality’s seminal report by Fred Bosselman, David Callies and John Banta. For this symposium Touro Law Review assembled some of today’s leading luminaries to reflect on how the taking issue has evolved and to assess where …

"The Majestic Professor Barbara Swartz", Richard Klein, Howard Glickstein, Eileen Kaufman, Jeffrey B. Morris, Thomas Schweitzer, April Schwartz

Touro Law Review

No abstract provided.

The Future Of Scholarship In Law Schools, Fabio Arcila Jr.

Touro Law Review

No abstract provided.

Morris L. Cohen: A Bibliography Of His Works, Camilla Tubbs

Faculty Scholarship

No abstract provided.

Mary Maring: A Role Model For A Jurist, Gerald W. Vandewalle

North Dakota Law Review

No abstract provided.

Justice Mary Muehlen Maring: A Leader, Innovator, And Educator, Carol Ronning Kapsner

North Dakota Law Review

No abstract provided.

Abortion And Birth Control – Constitutional Law: Constitutionality Of North Dakota’S Legislative Ban On Abortions Before Viability Mkb Mgt. Corp. V. Burdick, 2014 U.S. Dist. Lexis 60152, Annique M. Lockard

North Dakota Law Review

No abstract provided.

Native Americans – Sovereign Immunity: Determining Whether The Indian Gaming Regulatory Act Abrogates Tribal Sovereign Immunity For Lawsuits Arising Outside Of Indian Country Michigan V. Bay Mills Indian Cmty, 134 S.Ct. 2024, Mitchell G. Enright

North Dakota Law Review

No abstract provided.

In Defense Of Tribal Sovereign Immunity: A Pragmatic Look At The Doctrine As A Tool For Strengthening Tribal Courts, Ryan Seelau

North Dakota Law Review

No abstract provided.

Using Internet Artifacts To Profile A Child Pornography Suspect, Kathryn C. Seigfried-Spellar, Marcus K. Rogers

Computer Information Technology Faculty Publications

Digital evidence plays a crucial role in child pornography investigations. However, in the following case study, the authors argue that the behavioral analysis or “profiling” of digital evidence can also play a vital role in child pornography investigations. The following case study assessed the Internet Browsing History (Internet Explorer Bookmarks, Mozilla Bookmarks, and Mozilla History) from a suspected child pornography user’s computer. The suspect in this case claimed to be conducting an ad hoc law enforcement investigation. After the URLs were classified (Neutral; Adult Porn; Child Porn; Adult Dating sites; Pictures from Social Networking Profiles; Chat Sessions; Bestiality; Data Cleaning; …

Front Matter

Michigan Law Review

No abstract provided.

Deflating Autonomy, Charles R. Mendez

South Carolina Law Review

No abstract provided.

Opening Remarks, Robert Schapiro

Emory Bankruptcy Developments Journal

Dean Robert Schapiro's remarks honoring Keith Shapiro at the annual Emory Bankruptcy Developments Journal Banquet. Dean Schapiro highlighted Emory's bankruptcy program, the 30th anniversary of the Emory Bankruptcy Developments Journal, and Keith Shapiro's dedication to Emory Law School and role as Alumni Advisor for the Emory Bankruptcy Developments Journal.