Law Commons^™

Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

William & Mary Law Review

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …

Measuring Monopsony: Using The Antitrust Toolbox To Protect Market Competition And Help The Television Consumer, Jacob M. Derr

William & Mary Law Review

No abstract provided.

A New Fulcrum Point For City Survival, Samir D. Parikh

William & Mary Law Review

Municipalities have historically enjoyed immense stability. This era of tranquility is over, and fiscal deterioration is accelerating. Policymakers and scholars have struggled to formulate debt restructuring options; almost all have embraced federal bankruptcy law. But this resource-draining process is not the fulcrum point for any meaningful solution to municipal demise. Indeed, for the vast majority of distressed municipalities, the lever of municipal recovery will not turn on the solutions that have been offered to date. This Article radically shifts the municipal recovery debate by arguing that state law is the centralized point at which officials can exert the necessary amount …

Parting The Dark Money Sea: Exposing Politically Active Tax-Exempt Groups Through Fec-Irs Hybrid Enforcement, Carrie E. Miller

William & Mary Law Review

No abstract provided.

Twenty Seconds To Comply: Autonomous Weapon Systems And The Recognition Of Surrender, Robert Sparrow

International Law Studies

Would it be ethical to deploy autonomous weapon systems (AWS) if they were unable to reliably recognize when enemy forces had surrendered? I suggest that an inability to reliably recognize surrender would not prohibit the ethical deployment of AWS where there was a limited window of opportunity for targets to surrender between the launch of the AWS and its impact. However, the operations of AWS with a high degree of autonomy and/or long periods of time between release and impact are likely to remain controversial until they have the capacity to reliably recognize surrender.

Factors Influencing The Choice Of A Safe Haven For Offloading Illegally Caught Fish: A Comparative Analysis Of Developed And Developing Economies, Nerea Marteache, Julie S. Viollaz, Gohar A. Petrossian

Publications and Research

Using data from 72 countries, this study focuses on factors that affect illegal, unreported, and unregulated (IUU) fishing vessels’ choice of country to offload their catch, with a specific emphasis on the differences between developed and developing economies. The concept of choice-structuring properties is applied to analyze whether the following factors influence the selection of a country: concealability of vessels and illegally caught fish; convenience of the ports; strength of fisheries monitoring, control, and surveillance measures; effectiveness of country governance; and commitment to wildlife protection regulations. Results indicate that, rather than a country’s level of development, situational factors play a …

Ndls Update 10/25/2015, Notre Dame Law School

NDLS Update

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

Revising The U.S. Government’S Post-9/11 Counter-Terrorist Financing Strategy Directed At Al Qaeda To Target The Funding Of Isis, Jimmy Gurule

Faculty Lectures and Presentations

Comparative and International Aspects of Criminal and Terrorism Funding

October 26-27, 2015

University of Tilburg, Tilburg, The Netherlands

The conference was attended by speakers and legal scholars from approximately 20 countries.

Building on the success of our previous events in Manchester and London, this final conference in the ‘Dirty Assets’ series explores comparative and international aspects of criminal and terrorism finances (both within and outwith the EU). This AHRC-funded event brings together leading practitioners, policymakers, and academics to consider challenges and opportunities for the anti-assets strategy, and to identify research needs and future directions. With contributions from law, criminology, political …

Mmu: 10/26/15–11/01/15, 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.

State Of Utah, Plaintiff/Appellee, Vs. Santiage Aponte, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Conviction, Judgement, Sentence, and Order for Commitment, and denial of Appellant's motion to suppress eyewitness identification, in the Fourth Judicial District Court, Utah County, the Honorable Samuel McVey presiding

David And Ruth M. Fuller And Fuller's Appliance Parts And Service, Llc, Appellants, Vs. Denise Bohne And Western States Insurance Agency, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third Judicial District Court, Salt Lake County Case No. 100901093, Judge Deno Himonas

Vol. 49, No. 09 (October 26, 2015)

Indiana Law Annotated

No abstract provided.

Third Session: Freedom Of Religion And Expression, Professor Frank S. Ravitch, Professor Robert A. Katz, Asma T. Uddin, Professor Spearit

FIU Law Review Symposia

This panel will explore the implications of various cases on the freedom of expression and religion. Professor Ravitch’s article goes in depth on religious freedom claims and, focusing on government employees, he will explain when accommodation for specific religious freedoms are appropriate and when they conflict with the rights of others. Professor Katz’s article discusses the connection between the Supreme Court’s decision on same-sex marriage and the religious freedoms of individuals and entities who oppose same-sex marriage and same-sex relations on religious grounds. In Asma T. Uddin’s article, she examines the Charlie Hebdo attacks in Paris and focuses on the …

Second Session: Gender And Religion, Dean Marie Failinger, Professor Timothy J. Tracey, Professor Shawn M. Crincoli, Professor Mary Anne Case

FIU Law Review Symposia

This panel includes topics exploring the relationship between gender and religion. Professor Marie Failinger will analyze the Free Exercise clause in the Constitution through the values found in feminist jurisprudence. Also, Professor Shawn M. Crincoli will contrast how different religious denominations view assigning and reassigning sex, including how sex assignment is viewed under the American legal system. Professor Timothy J. Tracey will explore whether stripping private schools of their tax exempt status is constitutionally permissible if they maintain an opposition to same-sex marriage.

First Session: Holy Wars, Professor Beverly I. Moran, Rahimjon Abdugafurov, Professor Haider Ala Hamoudi, Professor Sahar F. Aziz, Professor Karima Bennoune

FIU Law Review Symposia

This panel will explore topics of the Holy Wars. Associate Professor Haider Ala Hamoudi will speak about Muslim expansionism and its compatibility with modern notions of international relations and how “lone wolf” terrorism bears little resemblance to Islam’s history. Associate Professor Sahar F. Aziz explores how the religion and race of Muslims in America has been closely intertwined and has created the “racial muslim,” which exposes Muslims to discrimination with no legal recourse or civil rights protection. Also, Professor Beverly I. Moran and Mr. Rahimjon Abdugafurov will speak on whether Muslims are required to engage in Holy War.

School Inequality: Challenges And Solutions, Catherine Lhamon, Kimberly Robinson, David Hinojosa, Molly Hunter, Lisa Scruggs, Javaid Siddiqi, Jerusha Conner, Jason Nance, Marilyn Armour, Pamela Meanes, Meredith Harbach, Preston Green Iii, Gerard Robinson

University of Richmond Law Review Symposium

“Welcome Remarks” were given by Wendy Collins Perdue, Dean of the University of Richmond School of Law, and Dr. Ronald Crutcher, President of the University of Richmond. (9:05 a.m.–9:15 a.m.)

“Keynote” by Catherine Lhamon, U.S. Department of Education Assistant Secretary for Civil Rights. (9:15 a.m.–10:00 a.m.)

“State-Level School Finance Panel” by Kimberly Robinson, Professor of Law at the University of Richmond School of Law; David Hinojosa, National Director of Policy with the Intercultural Development Research Association (IDRA); and Molly Hunter, Director of the Education Law Center’s Educational Justice program. (10:00 a.m.–11:10 a.m.)

“Innovation in Addressing School Inequality Panel” by Lisa …

Copyright Update For The 2015 Nevada Bar Intellectual Property Law Conference, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials to the Intellectual Property Law Section of the Nevada Bar on October 23, 2015. Over the course of her presentation, Prof. Trimble covered significant legal developments and statistical trends in copyright law from the 2014-2015 period, both in the United States and abroad.

October 23, 2015: Heidegger And The Last God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Heidegger and the Last God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Online Platforms And The Eu Digital Single Market, Maurice Stucke, Ariel Ezrachi

Scholarly Works

Our submission to the U.K. House of Lords, Internal Market Sub-Committee is based on our joint research, which explores the effects Big Data and technology have on competition dynamics. It reviews the use of technology to facilitate collusion, conscious parallelism, and unilateral price discrimination as well as the effects of online and mobile platforms.

Our submission addresses the following issues: • What role does data play in the business model of online platforms? • Can data-driven online platforms have excessive market power? • If so, how can they abuse this power? • If so, how does this happen and what …

Interdisciplinary Approaches To Financial Stability, University Of Michigan Law School

Event Materials

Program for a conference on interdisciplinary approaches to financial stability.

Boyd Briefs - Oct. 22, 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.

Emmanuel Nuno, Petitioner - Appellant, Vs. Kimberly Hart Lane And Brian J. Hart Respondents - Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Final Order of the Fourth Judicial District Court of Utah County the Honorable Christine S. Johnson

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent

All Faculty Scholarship

ABSTRACT

The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …

Can You Trust Your Trust?: Analyzing The Decision And Implications Of Rachal V. Reitz On Arbitration Provisions In Trust Agreements, Michael Tipton

Akron Law Review

This Note proceeds in three parts. Part Two provides insight on the history and development of trust law as well as the interest in arbitration to settle trust disputes. Part Three explains the factual background, holding, and rationale of the Supreme Court of Texas in Rachal v. Reitz. Part Four analyzes the Court’s decision and its implications. This part also asserts that the Court ruled correctly by giving effect to the intent of the settlor, including the arbitration agreement in the Texas Arbitration Act, and laying the groundwork for arbitration agreements to be enforced against trustees and beneficiaries on the …

The Roberts Court And Securities Class Actions: Reaffirming Basic Principles, Eric Alan Isaacson

Akron Law Review

Part II of this Article presents an overview of Roberts Court decisions concerning class litigation...The Article’s primary focus, however, is on a trilogy of Roberts Court decisions concerning class certification in open-market securities fraud cases, where fraudulent statements allegedly manipulated the price of securities traded in the open market: Erica P. John Fund, Inc. v. Halliburton, Co. (“Halliburton I”), Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, and Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”)...Rather than jumping directly into a discussion of the three decisions, which have been extraordinarily good news for investors seeking to prosecute …

The Practical Approach: How The Roberts Court Has Enhanced Class Action Procedure By Strategically Carving At The Edges, Paul G. Karlsgodt, Dustin M. Dow

Akron Law Review

This Article explores the practical impacts of the Court’s class-action jurisprudence from 30,000 feet, observing that, with some notable exceptions, the Court has nibbled away at the rough edges of class-action procedure while passing on chances to dictate more drastic reform. Part II is a chronological summary of notable Roberts Court cases that have come to define its approach toward class litigation. Perhaps surprisingly, the Court eased its way to this point, neglecting to grant certiorari in any significant class-action cases for the first four years after the swearing in of Chief Justice Roberts in 2005. That changed in 2009 …

The New Class Action Federalism, Mark Moller

Akron Law Review

Because separation of powers is “an aspect of federalism”10—a mechanism through which federalism is protected—this idea helps connect the Court’s “happenstantial” class action federalism with constitutional principle. This Article develops this idea in three parts. Part I briefly summarizes Richard Marcus’s account of CAFA’s potential to catalyze a kind of hyper-aggressive mass tort nationalism. Part II then reviews how the Roberts Court’s stinting approach to class actions is, to the contrary, throwing a lifeline to federalism. Part III ends by showing how Bayer points to a link, so far undeveloped in the case law, between that stinting approach and the …

The Roberts Court And The End Of The Entity Theory, Andrew J. Trask

Akron Law Review

This Article traces the shift away from the entity theory. It begins with a discussion of the various academic treatments of the entity model, from its first formulation years ago to the more radical “trust device” theories advanced today. It then looks at the various ways in which implicitly adopting the entity model has affected various rulings in class action litigation. Finally, it discusses how the 9–0 opinions in Taylor v. Sturgell, Bayer Corp. v. Smith, and Standard Fire Insurance Co. v. Knowles (buttressed by Justice Elena Kagan’s dissent in Symczyk v. Genesis Health Co.) have made it clear that …

Employment Discrimination Class Actions After Wal-Mart V. Dukes, Michael Selmi, Sylvia Tsakos

Akron Law Review

This Article explores the ramifications of Wal-Mart approximately five years after the case was decided. While five years hardly provides definitive data on how the case will be interpreted, it is possible to identify trends in the cases that have been decided to date—trends that are likely to provide insight into the future of class action claims. That future suggests that there will be fewer, and perhaps no, nationwide class actions in cases that do not involve a clear challenged practice (any such cases are likely to be disparate impact cases) and that the prospect for class certification will turn …