Law Commons^™

Frank Frohman, Derivatively On Behalf Of Aaron's Inc., Order And Final Judgment, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Ndls Update 10/07/2014, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi

Seattle University Law Review

The law of tying arrangements as it stands does not correspond with modern economic analysis. Therefore, and because tying arrangements are so widely common, the law is expected to change and extensive academic writing is currently attempting to guide its way. In tying arrangements, monopolistic firms coerce consumers to buy additional products or services beyond what they intended to purchase. This pressure can be applied because a consumer in a monopolistic market does not have the alternative to buy the product or service from a competing firm. In the absence of such choice, the monopolistic firm can allegedly force the …

Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons

Seattle University Law Review

Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This Note recounts those …

Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget

Seattle University Law Review

Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking the …

E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk

Seattle University Law Review

Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology market creates …

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …

The Price Of Protection: Compensation For Partial Takings Along The Coast, Matthew Hromadka

Touro Law Review

No abstract provided.

Ncaa Amateurism And Athletics: A Perfect Marriage Or A Dysfunctional Relationship? -An Antitrust Approach To Student-Athlete Compensation, Edward H. Grimmett

Touro Law Review

No abstract provided.

Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner

Touro Law Review

No abstract provided.

Protecting The Benefit Of A Seller's Bargain In Real Estate Contracts, Matthew Ingber

Touro Law Review

No abstract provided.

The Facebook Status That Sparked An Sec Investigation: Regulation Fair Disclosure And The Growth Of Social Media, Alyssa Wanser

Touro Law Review

No abstract provided.

Understanding Prostitution And The Need For Reform, Tesla Carrasquillo

Touro Law Review

No abstract provided.

Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert

Touro Law Review

No abstract provided.

"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, Kenneth Shuster

Touro Law Review

No abstract provided.

Mmu: 10/06/14–10/12/14, Student Bar Association

Monday Morning Update

"MMU" Monday Morning Update (Oct. 6 - 12)

Monday, Oct. 6

• Red Mass
• Rosary
• No SBA Meeting
• Ultimate Frisbee

Tuesday, Oct. 7

• Taco Tuesday
• Make a Digital Comic with Pixton

Wednesday, Oct. 8

• Dean Newton's Outlining Session for 1Ls
• 3D Printing Contest
• The Annual Human Dignity Lecture

Thursday, Oct. 9

• Breast Cancer Prevention Trivia Lunch
• Nanovic Graduate Student Social
• Hispanic Law Student Association & the CDO present "Practicing in South Bend"

Friday, Oct. 10

• Law Advisory Council Board on campus
• JICL Presents "Does Insider Trading Law Violate Human Rights?"
• SCELF Meeting
• Football Pep Rally
• Galilee Meeting
• Board Room Insights Lecture …

Citizens For Responsible Charter Schools, Llc, A Utah Limited Liability Corporation, Plaintiff/Appellant V. Martell Menlove In His Official Capacity As Superintendent Of The Utah State Office Of Education And State School Board; And Jenefer Youngfield, In Her Official Capacity As School Construction And Facilities Safety Specialist Utah State Office Of Education, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Precedent In Contract Cases And The Importance(?) Of The Whole Story, Robert A. Hillman

Cornell Law Faculty Working Papers

I am honored to contribute to this symposium in honor of Bill Whitford. I have been an admirer of Bill's work for the past 39 years, which encompasses my entire teaching career. Bill's scholarship on contracts and consumer law in his law review articles and in his casebook, Contracts: Law in Action, now in its third edition with Macaulay, Braucher, and Kidwell, confirms the importance of examining the non-legal forces at work in exchange transactions, the sometimes tenuous relationship between contract rules and legal decisions, the limitations of legal opinions, and the value of focusing on the relationship of contracting …

Order Of The Red Mass 2014, Notre Dame Law School

The Red Mass

The Red Mass

Votive Mass of the Holy Spirit

October 6, 2014, 5:15 pm

Basilica of the Sacred Heart

University of Notre Dame, Notre Dame, Indiana

Reflections On The 'New Wave' Inversions And Notice 2014-52, Reuven S. Avi-Yonah

Articles

On September 22 the Treasury Department issued Notice 2014-52, 2014-42 IRB 1. The notice was intended to fulfill President Obama’s pledge to use executive actions to the extent possible to block the new wave of corporate inversions. To what extent can the notice succeed? This article argues that while the notice is a useful first step, it is unlikely to stem the tide of inversion transactions. To do that, legislative action is needed in the short term. In the longer term, the only solution to inversions is coordination with other OECD countries in the context of the base erosion and …

Patent Imperialism, Bernard Chao

NULR Online

No abstract provided.

Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts

International Law Studies

Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.

Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder

Touro Law Review

No abstract provided.

Mastering Patent Claim Construction: A Patent Special Master's Perspective, Robert J. Rando

Touro Law Review

No abstract provided.

The Cftc's Attempt To Impose Speculative Position Limits On Off-Exchange Swap Contracts Likely To Face Continued Legal Challenge, Bob Bernstein

Touro Law Review

No abstract provided.

Survey 2014: Bankruptcy + Student Loan Debt Crisis, Brenda Beauchamp, Jason R. Cooper

Touro Law Review

No abstract provided.

Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg, Nicholas W. Quesenberry

Touro Law Review

No abstract provided.