Law Commons^™

Mmu: 10/12/15–10/18/15, 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.

Newsroom: Monestier On Long-Arm Jurisdiction, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Petition For A Writ Of Certiorari. Frew V. Traylor, 136 S.Ct. 1159 (2016) (No. 15-483), 2015 U.S. S. Ct. Briefs Lexis 3632, 2015 Wl 6083505, Eric Schnapper, Timothy B. Garrigan, Timothy David Craig, Jane Swanson

Court Briefs

QUESTIONS PRESENTED Litigation regarding the legal responsibilities of large institutions, such as schools or prisons, is frequently resolved by consent decree. The widespread use of such consent decrees regularly gives rise to inter-related disputes about how to interpret provisions of those decrees, and about when the decrees themselves have been satisfied and may thus be dissolved. In the instant case the Fifth Circuit, expressly disagreeing with the standards applied in the Sixth and Ninth Circuits, interpreted in a narrow manner, and then ordered dissolution of, key provisions earlier agreed to by Texas that protect the rights of millions of indigent …

Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Current State Of The Insanity Defense In Virginia, Jacob Gordon

The Kabod

Based upon British common law and legal precedents, the American legal system allows individuals with severe mental instability to plead not guilty by reason of insanity when charged with a criminal offense. In order to prove this claim, defendants are required to show that their mental capacity at the time of the crime was not sufficient enough in order to establish culpability and responsibility for their actions. Proving insanity is a difficult task, requiring that defendants confess to the crime, convince a jury of their insanity, and pass two independent psychological evaluations before they can be released. Because of these …

October 11, 2015: Liberals Fooling Themselves About Political Money, Bruce Ledewitz

Hallowed Secularism

Blog post, “Liberals Fooling Themselves About Political Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Tanja Rodgers Rayner V. Paul Thomas Rayner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the second Judicial District Court, Davis County, Honorable Michael G. Allphin, District Court No.104701766

Breach Avoidance Or Treaty Avoidance?: The Problem Of Over-Compliance And U.S. Ratification Of The Basel Convention On Hazardous Wastes, Tseming Yang, C. Scott Fulton

Faculty Publications

Over the past two decades, the failure of the United States to ratify a string of global multilateral environmental agreements has become a significant source of frustration for environmentalists and diplomats. The common perception is that Washington politics is to blame. The problem has even led to scholarly suggestions that any new climate agreement coming out of the Paris negotiations later this year could be entered into by the U.S. as an Executive Agreement rather than a Senate-approved treaty.

Delay has been uniquely serious, however, with respect to the 1989 Basel Convention on Hazardous Wastes. Signed under the elder President …

Anderson V. Mandalay Corp., Nev. Adv. Op. 82 (Oct. 10, 2015), Emily Haws

Nevada Supreme Court Summaries

The Court determined (1) NRS § 41.745(1)(c) sets forth a factual inquiry; (2) a reasonable jury could find it “reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his . . . employment” that a hotel employee would rape a hotel guest; and (3) direct negligence claims against an employer are not futile when a reasonable jury could conclude under the facts that the employer could reasonably foresee the employee’s unlawful act.

Boyd Briefs - Oct. 9, 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.

Newsroom: Sulentic '09 In Sports Illustrated, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Dialogic Labor Regulation In The Global Supply Chain, Kevin Kolben

Michigan Journal of International Law

In May 2006, the government of Jordan was facing a crisis. A small U.S. labor-rights activist group had just released a damning report documenting extensive labor abuses in Jordan’s fledgling garment industry. Adding fuel to the fire, the New York Times published a front-page story about the report with its own field work that corroborated some of the allegations, such as long and abusive working hours, the confiscation of passports of foreign workers, horrendous living conditions, and sexual harassment. Although garment manufacturing was new to Jordan, after just several years of existence it already constituted an important part of Jordan’s …

Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema

Michigan Journal of International Law

Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts. …

Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner

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

No abstract provided.

D.D.B. (Mother), Petitioner - Appellant, Vs. J.L.C. (Father), Respondent - Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from order denying termination petition Juvenile court, First Judicial District, Box Elder County, Utah Honorable Angela Fonnesbeck

State Of Utah, Plaintiffappellee, V. Joseph Howe, Defendant/Appellant : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner

Michigan Journal of International Law

It is a great honor for me to be here to deliver the John Humphrey Lecture. Humphrey led one of those lives within the UN that shaped what the organization has become today—as one of the first generation of UN civil servants, he was to human rights what Ralph Bunche was to peacekeeping, or Brian Urquhart to UN mediation. To read his diaries, so beautifully edited by John Hobbins, is to see a world that has in many ways vanished, a nearly entirely male club, mostly of Westerners, that hammered out new treaties and mechanisms over fine wine and cigars …

Judging Multidistrict Litigation, Elizabeth Chamblee Burch

Presentations and Speeches

Professor Elizabeth Chamblee Burch presented "Judging Multidistrict Litigation" at Duke University School of Law's Mass-Tort MDL Program for Judicial Conference Committees on October 8, 2015.

Newsroom: Judge Clifton On Fairness, Equality, Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley

Michigan Journal of International Law

On December 19, 2008, the Convening Authority for the United States Military Commissions at Guantanamo Bay referred charges against Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri for his role in the October 2000 bombing of the U.S.S. Cole. The charge sheet alleged that al-Nashiri committed several acts—including murder in violation of the law of war, perfidy, destruction of property—”in the context of and associated with armed conflict” on or about October 12, 2000 in connection with the bombing. At the time of the attack, the statement that the United States was engaged in an armed conflict would have been a surprise …

October 7, 2015: The Pretty Small University, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Pretty Small University“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Newsroom: Logan Honored For Diversity, Equal Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwulaw: Professor Peter Margulies's Post: Cybersecurity: A 'Must-Know' For Lawyers And Citizens, Peter Margulies

Law School Blogs

No abstract provided.

Ndls Update 10/06/2015, Notre Dame Law School

NDLS Update

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

Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner

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

No abstract provided.

Inter Partes Reviews The New Investment Strategy?, Cardozo Arts & Entertainment Law Journal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Texas hedge fund manager and founder of Hayman Capital Management, J. Kyle Bass, has riled up the pharmaceutical industry. Bass formed the Coalition for Affordable Drugs, an organization that is the lead petitioner in several challenges to Orange Book-listed patents—a list of approved drug products with therapeutic equivalence evaluations (i.e. generic drugs)— which he believes have little value other than to drive up the prices of prescription drugs. Bass and the Coalition filed 36 Inter Partes Review (IPR) petitions by challenging patents and betting against the company’s stocks. The patent reviews were created by the 2011 America Invents Act as …

Looted Cubaism: Premature Hopes Of Restitution Thanks To Détente In Cuban American Hostilities, Diana Poussin

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Recent claims of conciliatory Cuban-American relations have dominated the news and the illusions of those with personal or commercial hopes for the island. This new dialogue has led families harmed and impoverished by the looting and nationalization of property after the Cuban Revolution of 1959 to seek legal advice concerning the restitution of their stolen treasures.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 6, 2015. The original post can be accessed via the Archived Link button above.

Leaked Sony Emails And The Nfl’S Continued Suppression Of Concussion Dangers, Kenneth Costa

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At the beginning of September, Sony Pictures Entertainment released a trailer for Concussion, a movie that paints a scathing picture of how representatives of the National Football League (NFL) attempted to cover-up and discredit the research of Dr. Bennet Omalu, who discovered chronic traumatic encephalopathy (CTE).

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 6, 2015. The original post can be accessed via the Archived Link button above.

Should Apb 23 Indefinite Reinvestment Be Repealed?, J. Richard Harvey

Working Paper Series

A recent letter to FASB suggested that APB 23 should be repealed. Although there is a clear lack of application guidance surrounding APB 23, repeal is not justified. Instead, FASB should address several practical uncertainties that have effectively allowed U.S. MNCs to make whatever APB 23 assumption best suits their needs.

Given that many U.S. MNCs have shifted substantial amounts of income to low-tax foreign jurisdictions and may need those foreign earnings back in the U.S. relatively soon, it is important for FASB to address these issues. If not, aggressive MNCs may continue to assert indefinite reinvestment when in fact …

Medicare's Post-Acute Care Payment: An Updated Review Of The Issues And Policy Proposals, Sally Coberly

National Health Policy Forum

Medicare spending on post-acute care provided by home health agencies, skilled nursing facilities, inpatient rehabilitation facilities, and long-term care hospitals accounted for about 10 percent of total program outlays in 2013. The Medicare Payment Advisory Commission and others have noted several long-standing problems with the payment systems for post-acute care and have suggested refinements to Medicare's post-acute care payment systems that are intended to encourage the delivery of appropriate care in the right setting for a patient's condition. The Patient Protection and Affordable Care Act of 2010 contained several provisions that affect the Medicare program's post-acute care payment systems, as …