Law Commons^™

Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg

Journal of Civil Rights and Economic Development

No abstract provided.

Might Houses Of Worship Enable Currently Uninsured, Economically Disadvantaged Individuals To Obtain Affordable Health Care Insurance?, Nina J. Crimm

Journal of Civil Rights and Economic Development

No abstract provided.

Boyd Briefs - Oct. 29, 2015, 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.

October 29, 2015: So, It's Not Going To Be Trump (Or Carson), Bruce Ledewitz

Hallowed Secularism

Blog post, “So, It's Not Going to be Trump (or Carson)“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Fisher V. University Of Texas At Austin: Brief Amicus Curiae For Richard Lempert In Support Of Respondents, Richard O. Lempert

Appellate Briefs

Richard Lempert retired from the University of Michigan, as the Eric Stein Distinguished University Professor of Law and Sociology, having chaired the Sociology Department and served on leave as the Division Director for the Social and Economic Sciences at the National Science Foundation. In these positions he worked to promote the fair and intelligent use of social science evidence by agencies and courts, writing frequently on this topic. Reading briefs submitted in this case, he believes the Court is at risk of being misled about the state of relevant social science and seeks to caution the Court against relying on …

State Of Utah, Appellee, Vs. Robert Morgan Magness, Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE ORDER OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE ELIZABETH A. HRUBY-MILLS

State Of Utah, Plaintiff/ Appellee V. Tilvi G. Wager Defendant/ Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for possession of methamphetamine, enhanced to a second degree felony, and possession of marijuana, a Class A misdemeanor, in the Third Judicial District, Salt Lake County, the Honorable Denise P. Lindberg presiding

Alan Hoskins, Jr., Plaintiff/Appellant, Vs. Ogden Auto Body, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second District Court,Weber County, State of Utah the Hon. Ernie W. Jones, Civil No. 130904254

Andrew L. Ellsworth, Et Al., Plaintiffs/Appellants, Vs. Terry Huffstatler, Et Al., Defendants/ Appellees. Terry Huffstatler, Et Al., Petitioner/ Appellant, Vs. Mark L. Ellsworth, Et Al., Respondents/ Appellees. Terry Huffstatler, As Trustee Of The Barbara May Ellsworth Trust, Intervenor Plaintiff/ Appellee, Vs. Mark L. Ellsworth, Co-Trustee Of The Ellsworth Family Trust., Intervenor Defendant/ Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court in and for Salt Lake County, State of Utah, Honorable David Mortensen Civil No. 130400498 and Consolidated Case No. 133400333

With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner

Law & Economics Working Papers

Part I of this paper uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71%, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions. Because of the Supreme Court’s decision in Obergefell v. Hodges (2015), same-sex marriage is now universally available to same-sex couples. Part I considers the impact of same-sex marriage on …

Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan

Nevada Supreme Court Summaries

For the State Engineer to grant water rights applications, there must be evidence to support the decision and the new rights must not substantially conflict with existing rights. On appeal from the District Court, the Court found no evidence to support the granted application, and held the use of Respondent’s rights would severely impact the water table. The Court reversed and remanded the case for proceedings consistent with the opinion.

D.R. Horton, Inc. V. Eighth Jud. Dist. Ct, 131 Nev., Adv. Op. 86 (October 29, 2015), Brandonn Grossman

Nevada Supreme Court Summaries

The Nevada Supreme Court considered a Petitioner home builder’s petition for writ relief and appeal of a district court order granting Respondent HOA’s ex parte motion for a stay and enlargement of time for service pursuant to NRS 40.647(2)(b). Ruling on Petitioner’s two writ petitions, the Court held the district court’s grant of a stay was not in error and the NRCP 41(e) five-year limitation period was tolled under the Boren exception to NRCP 41(e). Accordingly, the Court denied both writ petitions.

Becker V. Becker, 131 Nev. Adv. Op. 85 (Oct. 29, 2015), Paul George

Nevada Supreme Court Summaries

In response to a certified question by the United States Bankruptcy Court for the District of Nevada, the Court concluded that under NRS 21.090(1)(bb) a debtor can exempt his stock in the corporations described in NRS 78.746(2), but his economic interest in that stock is still subject to the charging order remedy in NRS 78.746(1).

Newsroom: Johnson Heads Black Women's Bar Org, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Jimmy Gurule Delivered The Opening Address At The Asian Banker Conference In Singapore, Jimmy Gurule

NDLS in the News

The Asian Banker Financial Crime 360: Preventing Financial Crime and Preempting Crises with Superior Compliance Capabilities conference in Singapore news release.

Professor Gurule's flight was cancelled because of the snow storm and he had to deliver his address via Skype.

Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy

Faculty Scholarship

The petitioners argue:

1) Supervisory Review is Needed Because the District Court and the Ninth Circuit Automatically Aligned U.S. Highway 160 with Alienated, Non-Indian Fee Land, Ignoring this Court’s Context-Specific, Multifactor Methodology for Determining the Status of Reservation Roadways for Tribal Jurisdictional Purposes.

2) Supervisory Review is Also Necessary Because Both Lower Courts Refused to Apply Supreme Court Precedents Governing Whether an Indian Tribe Retains Treaty-Based Authority over the Conduct of Nonmembers on a Tribe’s Reservation, Effecting an Impermissible Judicial Abrogation of the Navajo Nation’s Congressionally Confirmed, Treaty-Based Jurisdiction in This Case.

3) Supervisory Review is Further Needed Because Both …

Cutting Out The Middleman: Why "Look And Feel" Should Be Ignored In Trade Dress Law, Nicholas Dimarino

St. John's Law Review

(Excerpt)

Part I of this Note discusses the background and elements of general trade dress law. Part II discusses the narrower issue of "look and feel" in the context of websites and outlines how courts have currently addressed the "look and feel" issue. Part III proposes that courts ignore the artificial "look and feel" distinction and instead apply normal trade dress analyses and elements. This solution, which requires that courts adhere to a workable standard that serves the underlying purpose of trade dress law, allows recognition of the distinctive characteristics of website trade dress claims, while reducing the risk of …

Marrying Up: The Unsettled Law Of Immigration Marriage Fraud And The Need For Uniform Statutory Guidelines, Michael Virga

St. John's Law Review

(Excerpt)

This Note argues that courts should interpret § 1325(c) as applicable to anyone who enters a marriage with any intent of evading immigration laws, regardless of any other underlying motivations. Part I examines the motivations for and prevalence of immigration marriage fraud, as well as the historical context in which the statute in question was drafted. Part II analyzes the unsettled landscape of § 1325(c)'s interpretation and application, in addition to the competing arguments for the respective tests. Part III argues for the universal adoption of the Evade the Law standard, premised on the need for plain meaning statutory …

Homosexuality In High School: Recognizing A Student's Right To Privacy, Bari Nadworny

St. John's Law Review

(Excerpt)

This Note argues that high school officials disclosing information about a student's sexual orientation without the student's permission is a violation of the student's constitutional right to informational privacy. Part I examines the Supreme Court's informational privacy jurisprudence. This Part also examines the circuit court opinions that have contributed to the law in this area regarding personal sexual matters. Part II examines the current split of authority between the Third Circuit Court of Appeals, which has held that such a privacy right exists, and the Fifth Circuit Court of Appeals, which has held that it does not. Part III …

Willful Ignorance, Culpability, And The Criminal Law, Alexander F. Sarch

St. John's Law Review

(Excerpt)

The overriding aim of this Article is to shore up the normative basis for the willful ignorance doctrine and to clarify what is needed to arrive at a version of this doctrine that adequately respects its normative foundations.

Death Of A Salesman: The Rise & Unfortunate Potential Demise Of The Full-Time Life Insurance Salesman, Robert M. Rosh

St. John's Law Review

(Excerpt)

This Article traces the economic and regulatory rise and potential future regulatory demise of the full-time life insurance salesman. It outlines why these salesmen and many of the products that they offer are beneficial to American society, and why public policies should promote both the profession and the products sold by full-time life insurance salesmen. Finally, it suggests some modest regulatory reforms that would promote life insurance sales and the salesmen who make them.

Professional Responsibility And Liability Aspects Of Vereins, The Swiss Army Knife Of Global Law Firm Combinations, Douglas R. Richmond, Matthew K. Corbin

St. John's Law Review

(Excerpt)

Looking ahead, Part II of this Article provides a general overview of the verein model and its governing charter. Part III highlights a variety of ethical considerations for lawyers in verein member firms that are subject to ethics rules based on the Model Rules of Professional Conduct. These include lawyers' obligation to communicate to clients the relationships between the verein and its member firms, the imputation of conflicts of interest between member firms, and fee-splitting among member firms. Part IV discusses previous efforts to hold vereins and their member firms vicariously liable for the misconduct of another member firm. …

The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry

St. John's Law Review

(Excerpt)

Part I discusses the development of the Court's ' kids are different" decisions. Part II argues that the rationale behind Graham applies not only to life-without-parole sentences but also to lengthy term-of-years sentences for juvenile non-homicide offenders. Part III suggests a constitutional mandate as to when states must provide a meaningful opportunity for release and explores other legislative action states can employ to comply with Graham.

Suspicious Suspect Classes - Are Nonimmigrants Entitled To Strict Scrutiny Review Under The Equal Protection Clause?: An Analysis Of Dandamudi And Leclerc, John Harras

St. John's Law Review

(Excerpt)

Part I of this Note provides the background necessary to understand the different alienage classifications, equal protection jurisprudence, and the confusion in the Supreme Court's alienage equal protection precedent. Part II describes the differences of opinion among the circuit courts on the application of the Equal Protection Clause to nonimmigrants. Part III argues, in greater detail, that nonimmigrants are not a suspect class for the reasons stated above.

Why Title Vii's Participation Clause Needs To Be Broadly Interpreted To Protect Those Involved In Internal Investigations, May M. Mansour

St. John's Law Review

(Excerpt)

This Note argues that this narrow interpretation of the statute is contrary to the intention and aim of Title VII and, in turn, should be interpreted more broadly. Part I of this Note gives a brief explanation of the meaning and purpose of Title VII's anti-retaliation provision. Part II focuses on some of the cases that have limited the application of the participation clause to employees who are involved in formal EEOC proceedings. In particular, it focuses on the most recent Second Circuit case, Townsend v. Benjamin Enterprises, Inc., to examine the dangers presented by such a limited …

A Picture Says A Thousand Words: Applying Foia's Exemption 7(C) To Mug Shots, Rebecca Rosedale

St. John's Law Review

(Excerpt)

This Note argues that Exemption 7(C) of the Freedom of Information Act ("FOIA"), which exempts from disclosure information compiled for law enforcement purposes that "could reasonably be expected to constitute an unwarranted invasion of personal privacy," should be categorically applied to mug shots. Part I of this Note explores the recognition of a privacy right and the regulation of public records in the United States, with a focus on FOIA. Part II discusses the conflicting viewpoints held by the circuit courts that have decided whether or not Exemption 7(C) applies to mug shots. Each court analyzed whether a personal …

Let Ghosts Be Ghosts, Toni L. Mincieli

St. John's Law Review

(Excerpt)

Part I of this Note discusses the rise of pro se status in civil matters, specifically in immigration proceedings, and how courts and the legal community have responded with limited scope representation, including ghostwriting. Part II discusses in detail the controversy surrounding ghostwriting. It also illustrates how ghostwriting is, fortunately, beginning to gain acceptance. Lastly, Part III urges the acceptance of ghostwriting in immigration proceedings. It explains why ghostwriting is essential to immigrants and how the arguments put forth against the practice are not applicable to immigration proceedings.

Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael L. Wells

St. John's Law Review

(Excerpt)

Part I makes the crucial point that compensation is a tool and not a distinct goal of tort liability. With civil recourse theory as a guidepost, Part II argues that one of the aims of constitutional tort law is vindication of the plaintiffs rights. Civil recourse principles teach that vindication may be at least partly achieved even when immunity blocks compensation. Part III shows how the Court's failure to distinguish vindication from compensation has unnecessarily impeded the vindication of rights. Two important official immunity cases-Camreta v. Greene and Pearson v. Callahan -illustrate the missed opportunities and show how …

Reasonable Precaution For The Individual, Dov Waisman

St. John's Law Review

(Excerpt)

This Article has four parts. In Part I, I introduce the question to be explored and describe Barbara Fried's challenge to any attempt to answer that question without summing costs and benefits across persons. Part II responds directly to Fried's challenge, presenting the individualized feasibility principle as a viable, nonaggregative interpretation of reasonable precaution. In Part III, I explore the theoretical underpinnings of the IFP, drawing on a theory of normative ethics known as ex ante contractualism. Part IV concludes.

Decoupling The Law Of Will-Execution, Mark Glover

St. John's Law Review

(Excerpt)

This Article proceeds in four parts. Part I explains the context of reform, including the traditional law of will-execution, the criticism of strict compliance, and the reform movement. Next, by explaining the purpose of testamentary formality, Part II serves as the foundation for decoupling the analysis of will formalities from the analysis of strict compliance. Part III completes the process of decoupling the law of will-execution by examining the purpose of strict compliance. Finally, Part IV explores the implications that the recognition of the independent purposes of will formalities and strict compliance has for the law of wills. Specifically, …