Law Commons^™

The Semi-Retirement Of Senior Supreme Court Justices: Examining Their Service On The Courts Of Appeals, Jon A. Gryskiewicz

Seton Hall Circuit Review

No abstract provided.

Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)

Volume 89, Issue 6 (2015)

Obiter Dicta

No abstract provided.

State Of Utah V. Paul Raymond Jaramillo, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

April Miller Et Al. Vs. Kim Davis (Date Filled November 9, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, PH.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; AND BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, INDIVIDUALLY, Defendant-Third-Party Plaintiff-Appellant, and STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, AND WAYNE ONKST, IN HIS OFFICIAL CAPACITY AS STATE LIBRARIAN AND COMMISSIONER, KENTUCKY DEPARTMENT FOR LIBRARIES AND ARCHIVES, Third-Party Defendants-Appellees. ON APPEAL FROM U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, CIVIL ACTION NO. 15-CV-00044, HON. DAVID L. BUNNING BRIEF FOR AMICUS CURIAE EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT IN SUPPORT OF REVERSAL

Vol. 49, No. 11 (November 9, 2015)

Indiana Law Annotated

No abstract provided.

Mmu: 11/09/15–11/15/15, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

Crummey Delivers Another Knockout Punch To The Irs, Phyllis C. Taite

Other Faculty Publications

No abstract provided.

Bruce Huber Was A Guest On Npr's The Weekend Show, "Environmentalists Celebrate Keystone Xl Decision", Bruce R. Huber

NDLS in the News

Environmental groups and activists are celebrating President Obama's decision to reject the Keystone XL Pipeline plan, but some people say that the Keystone decision is a symbolic one.

November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Wrong with Whites?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

New Interpretation Of Sovereignty, Erveina Gosalci, Ardian Emini

UBT International Conference

After the World War Two, the World has been facing different human rights breaches which cannot be resolved only by a single state, no matter how powerful it is. These human rights breaches include: genocide, ethnic-cleansing and other mass-atrocities are to be considered ‘problems without passport’. Nations ‘face threats that no nation can resolve by acting alone and opportunities that can be exploited if all nations work together’. In the same time these issues have raised other important issues and debates and tensions between the protection of human rights in one side and sovereignty on the other side. The question …

Organized Crime Phenomenon Threatening Public Safety And Rule Of Law In Kosovo, Fatos Haziri

UBT International Conference

Nowadays organized crime is considered as a real threat to the security of any country, but in particular, to the security of countries with fragile democracies that do not have any strength, tradition or experience to effectively deal with it. In this regard, for Balkans, this phenomenon is considered as the main threat to the security of each country and the region in general and in particular for our country Kosovo. Despite the progress achieved, the creation of institutions since 1999 had three transitions; UNMIK period 1999-2008, the declaration of independence on February 17, 2008 and the arrival of new …

The Cisg Applicability Under The Reservations, Erveina Gosalci

UBT International Conference

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is an important example of attempts towards the unification of the international private law. The CISG is seen as a big success with seventy nine contraction states, most of them are important states that lead and rule the world’s largest economies. The set goal of CISG to achieve a uniformed law-Loi uniforme (because the states which has signed , ratified and applied it; by doing so the character of UNIFORME Law becomes clear as CISG aims to create uniform rules followed by uniform interpretation However is it …

The Right Of Ownership Of Immovable Property And Registration Under The Law On Kosovo, Berat Agifi, Sasha Dukovski, Drini Grazhdani, Myzafer Mustafa

UBT International Conference

The main purpose of the paper is analyzing legal regulation of registration of immovable property in Kosovo, using and analyzing all relevant sources in force, and the study and recognition of forms of ownership, with special emphasis on ways of acquiring ownership - as the fundamental basis for registration of those rights. Kosovo by establishing the Law on the establishment of the registry of immovable property rights developed enormously with regards to the issue of regulation of property rights as one of the fundamental human rights guaranteed by the Constitution and International Conventions. In practice, in the past often accrued …

Metaphysical Dialogue Between Philosophy And Music In Ancient Greek, Sunaj Raimi

UBT International Conference

The main idea of this scientific lecture will be a comparative analysis of the essential similarities between the philosophical culture and musical art in ancient Greece. The processing of this study will remain in different historical periods where philosophy, known as more sophisticated technique of the human thought together with the musical creativity as the art of the Muses in ontological aspect, will be sublimated in a common denominator. As it’s known, the substance of music as spiritual human creativity has always been and remains - an “intimate “ matter of p hilosop hy , just as philosophy has always …

The Comparative Overview Of The Phenomenon Of Money Laundering In Certain European Union And Western Balkan’S, Fatos Haziri

UBT International Conference

The Republic of Kosovo has issued several legal acts which are in place to prevent and combat the phenomenon of money laundering. These acts determine the issue of state response and other institutional mechanisms which have competence in the field of law enforcement to strike this criminal phenomenon. Until now, prevention of money laundering is regulated by: UNMIK Regulation, Criminal Code and Criminal Procedure Code, the Law on Prevention of Money Laundering and Prevention of Terrorist Financing and the Law on Extended Powers for Confiscation of Assets Acquired by Criminal Offence.

Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Adam Chodorow, Philip T. Hackney

Journal Articles

The challenging job market for recent law school graduates has highlighted a fact well known to those familiar with legal education: A significant gap exists between what students learn in law school and what they need to be practice-ready lawyers. Legal employers historically assumed the task of providing real-world training, but they have become much less willing to do so. At the same time, a large numbers of Americans – and not just those living at or below the poverty line – are simply unable to afford lawyers. In this Article, we argue that post-graduate legal training, similar to post-graduate …

Vets Just Want Fair Benefits, Patricia E. Roberts

Popular Media

No abstract provided.

Bruce Huber Was A Guest On Npr's All Things Considered, "What The Keystone Xl Pipeline Decision Actually Means", Bruce R. Huber

NDLS in the News

President Obama has rejected the application to complete the Keystone XL pipeline. Bruce Huber, professor of energy law at the University of Notre Dame, talks about the Keystone pipeline decision.

The Need For Speed And Judicial Notice: New York's Admissibility Of Lidar Technology In Law Enforcement, John D. Chillemi

St. John's Law Review

(Excerpt)

Focusing at the state level, this Note proposes to establish uniformity within New York State by means of judicial notice or legislative action. Part I provides a history, background, and the development of LIDAR, commencing with its predecessor, radar. It discusses LIDAR’s technical workings and the importance of its current usage to law enforcement. Part I also compares LIDAR to radar, which is nationally accepted. Part II explores New York’s adherence to the admissibility standard set forth in Frye v. United States, and shows how New York’s lower courts have been approaching the issue by analyzing several court …

Protecting The Consumer: Ensuring Uniformity In The Federal Courts When Named Plaintiffs Assert Claims Against Unpurchased Products, Michael G. Lewis

St. John's Law Review

(Excerpt)

This Note determines that whether a named plaintiff has standing to assert claims relating to unpurchased products is a question of class standing and is therefore a question for the Rule 23 class certification stage of litigation. However, in certain situations, a named plaintiff’s claims against unpurchased products should not survive a defendant’s motion to dismiss. Accordingly, this Note proposes a test to determine when the claim should survive. At the motion to dismiss stage of litigation, a named consumer protection class action plaintiff’s claims relating to products purchased by unnamed members of the putative class should survive defendant’s …

Bringing More Finality To Finality: Conditional Consent Judgments And Appellate Review, Thomas A. Engelhardt

St. John's Law Review

(Excerpt)

Part I provides background on finality, including an overview of the final judgment rule and other statutory grants of appellate jurisdiction. Part I then discusses consent judgments, including conditional consent judgments. Part II examines the circuit splits with respect to issues of finality and the appealability of consent judgments that reserve a right to appeal. Part III presents arguments for and against strict interpretation and application of the finality requirement regarding consent judgments. Part IV argues for resolving the controversy by adopting a standard by which appellate courts uniformly recognize a consent judgment’s reservation of a right to appeal …

Can You Understand This Message? An Examination Of Hurley V. Irish-American Gay, Lesbian & Bisexual Group Of Boston's Impact On Spence V. Washington, Sandy Tomasik

St. John's Law Review

(Excerpt)

This Note analyzes the effect that Hurley had on the Spence factors and suggests that the particularized requirement has been lowered. This is the best approach to encouraging speech while balancing other important interests. Part I discusses the development of the freedom of speech, from protecting the spoken and written word to protecting expressive conduct. Part II outlines the different approaches taken by the circuit courts in deciding whether conduct is protected as speech and, in particular, what effect Hurley had on Spence. Part III critically analyzes each of these approaches and concludes that the Eleventh Circuit’s approach …

Double Damages Or Nothing: Whether Medicare Advantage Organizations Have A Private Cause Of Action Under The Medicare Secondary Payer Act, Jennifer A. Prevete

St. John's Law Review

(Excerpt)

Part I of this Note outlines the history and purpose of the Medicare statute, Medicare Advantage, and the MSP Act. The MSP Act dictates that insured individuals pursue coverage from “primary plans” while Medicare makes conditional payments with the agreement that the primary plans will reimburse the costs. Part II provides the MSP Act’s spectrum of interpretations and why the United States Circuit Courts of Appeals have read the private cause of action with varying expansiveness. Part III concludes that the private cause of action should not be extended to MAOs, asserting that the extension ultimately results in harm …

Breaking Bad Science: Due Process As A Vehicle For Postconviction Relief When Convictions Are Based On Unreliable Scientific Evidence, Vincent P. Iannece

St. John's Law Review

(Excerpt)

This Note argues that due process requires a new trial when scientific evidence necessary to the conviction becomes so unreliable as to call the validity of the jury’s verdict into question. Part I of this Note discusses how scientific evidence is admitted, the procedure for a convicted defendant’s postconviction relief once that evidence is deemed unreliable, and the constitutional protections that a convicted defendant is afforded under the Due Process Clause of the Fourteenth Amendment. Part II of this Note examines the divide among appellate courts as to whether the Due Process Clause requires a new trial when a …

Culture Shifting At Warp Speed: How The Law, Public Engagement, And Will & Grace Led To Social Change For Lgbt People, Stacey L. Sobel

St. John's Law Review

(Excerpt)

This Article concludes that in order for culture shifting to occur, there has to be active engagement in advocacy on multiple fronts. The pace of cultural change would have been significantly slower if advocates had not pursued litigation, legislation, and public engagement strategies. Rule shifting and culture shifting would also have occurred more slowly but for the vigorous efforts of LGBT equality opponents. The competing advocacy efforts on both sides of LGBT issues have resulted in lawsuits and laws limiting the rights of the LGBT community in some instances and granting rights in others. These advocacy efforts created a …

Exclusionary Conduct In Antitrust, Elyse Dorsey, Jonathan M. Jacobson

St. John's Law Review

(Excerpt)

American society has a long history of encouraging competition and a long history of abhorring monopoly. Often those two goals are complementary, but not always. What happens if a company competes so aggressively that it wipes out its competitors and gets a monopoly? Is that good or bad? The easy answer is that normal competition is fine, but unfair or predatory competition is not. But that easy answer is not particularly helpful. It is often very hard to distinguish the good from the bad. Low prices are good, right? But what if they are below cost so that rivals …

The Justice Element Of Promissory Estoppel, Orit Gan

St. John's Law Review

(Excerpt)

The contribution of this Article is threefold. First, it critiques the current case law for ignoring and neglecting the justice element of promissory estoppel. This goes against the specific wording of section 90 of the Restatement (Second) of Contracts and also against promissory estoppel’s rationale and purpose. Contrary to this approach, this Article suggests a robust justice element based on a theory of distributive justice.

Second, a more robust justice element will make the doctrine of promissory estoppel more meaningful. This will result in better protecting reliance, furthering trust and cooperation among parties, empowering disadvantaged parties, and making the …

Grounding Land Reform: Toward A Market-Compatible Approach To Land Reform, Shelley Cavalieri

St. John's Law Review

(Excerpt)

This Article begins the project of constructing a unified account of land reform. This model consists of two central aspects. First, it articulates a set of goals, both practical and expressive, that redistributive land reform efforts can forward. Second, it offers a pragmatic theory of land reform, one that simultaneously achieves the progressive, poverty-eradication goals of land reform proponents and satisfies neoliberal demand for stable land markets. In this regard, the project offers a fresh way of thinking of the intractable conflict in land reform policy: how to redistribute land without destabilizing the nation. In addressing this problem, the …

State Of Utah, In The Interset Of W.E.M. A Person Under 18 Years Of Age., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third District Juvenile Court, Salt Lake County, Salt Lake Honorable Mark May, Juvenile District Court No. 1108641