Law Commons^™

Volume 39, Issue 2 (Fall 2015)

Transcript

No abstract provided.

An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

From the Introduction:

On behalf of the Notre Dame Law School student body, we are thrilled to be among the first to welcome you to the NDLS Community! We know that this is an exciting time for you and – if you are anything like we were just a couple of years ago – you probably have plenty of questions about law school and Notre Dame whether it’s about academics, professors, student life, or just where to get a good dinner. That’s why we’ve prepared the Guide! This is called an Insider’s Guide because it has been written by …

Book Review - Middle Income Access To Justice, Benjamin H. Barton

Scholarly Works

This is a solicited book review of the excellent Canadian book Middle Income Access to Justice (Michael Trebilcock, Anthony Duggan, & Lorne Sossin, eds., 2012) from the Toronto Law Review.

Presidential Control Across Policymaking Tools, Catherine Y. Kim

Florida State University Law Review

Over the past quarter century, administrative law scholars have observed the President’s growing control over agency policymaking and the separation-of-powers concerns implicated by such unilateral exercises of power. The paradigmatic form of agency policymaking—notice-and-comment rulemaking—mitigates these concerns by ensuring considerable oversight by the courts, Congress, and the public at large. Agencies, however, typically have at their disposal a variety of policymaking tools with which to implement White House goals, including the issuance of guidance documents and the strategic exercise of enforcement discretion. While commentators have drawn attention to the risk that agencies will circumvent the extensive checks associated with rulemaking …

Maximizing Utility In Electric Utility Regulation, Jonas J. Monast

Florida State University Law Review

The electric power sector is undergoing a period of profound change, reacting to economic, technological, and regulatory variables that have emerged quickly and largely without warning. In many states, the public utility commission (PUC) will play a key role in deter-mining how electric utilities respond to these rapidly changing circumstances, the outcome of which will affect electricity rates, investor returns, public health, and local and state economies for decades to come. The general mandate underlying many utility commission proceedings—seeking the least cost option for maintaining a reliable electricity sector—provides the PUC with considerable discretion to choose among sources of information, …

Amicus (Fall 2015), University Of Colorado Law School

Amicus

Issue at a glance:

• Illustrates Colorado Law's commitment to engaged faculty scholarship
• Describes cutting-edge faculty research and upcoming lectures
• Honors three of Colorado Law's most esteemed faculty
• Features law students' success in entrepreneurial competition
• Highlights the student-driven University of Colorado Law Review
• Delivers advice for current students from alumni
• Recognizes loyal donors
• Celebrates milestones and successes of Colorado Law alumni

Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

A Legal Lens: Brexit, Access, And Equity In The United Kingdom And The United States, Kerry B. Melear

Journal of Contemporary Research in Education

Guest Column

Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg

Law Faculty Scholarship

At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the topic. This …

Torch (October 2015), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Shaking Decision Trees For Risks And Rewards, Marjorie Corman Aaron

Faculty Articles and Other Publications

This articles explains the power and limitations of the role of numbers in the use of decision trees. Decision tree analysis involves cumulating probabilities. The method is also used to derive a “discounted value”: the sum of each possible outcome multiplied by its cumulative probability. Probability estimates must be true to their location on the tree and must assess interdependence of outcomes at risk pivots. When calculating cumulative probabilities, probabilities along a path must absolutely must be independent. A decision tree that is too simple fails to represent complex realities. One of the strongest reasons to use decision analysis is …

Florida State Law Alumni Magazine (Fall 2015), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Human Trafficking: Statute Comparisons And Attitudes In Nebraska, Katie Sheets

Annual Interdisciplinary Conference on Human Trafficking: 7th (2015)

Human trafficking has become an issue for global concern. Here in the United States, the Federal government and all fifty states are taking steps to combat the pervasive problem. This study looks at the anti-human trafficking statutes of all fifty states and compares them with each other to see how each state stacks up against the other. Nebraska was the focus of the study as the unicameral has recently been enacting changes to the state’s laws against human trafficking. Nebraska was expected to at least be with the majority of states with their human trafficking provisions. The study then looked …

The Wellness Approach: Weeding Out Unfair Labor Practices In The Cannabis Industry, Taylor G. Sachs

Florida State University Law Review

Privity's Shadow: Exculpatory Terms In Extended Forms Of Private Ordering, Mark P. Gergen

Florida State University Law Review

No abstract provided.

Is Personhood The Answer To Resolve Frozen Pre-Embryo Disputes?, Erica Steinmiller-Perdomo

Florida State University Law Review

No abstract provided.

Limiting Credit Bidding For "Cause" Under § 363(K): Contra Philadelphia Newspapers Footnote 14, George Kuney

Scholarly Works

No abstract provided.

Review Of “Interventions: A Life In War And Peace”, By Kofi A. Annan, Njunga Michael Mulikita

Southern African Journal of Policy and Development

This book offers a highly informative account of the life story of the seventh UN Secretary-General, Kofi Atta Annan, the first Sub-Saharan African UN Chief to emerge from within the vast bureaucracy of the United Nations. It is a riveting account narrated by the consummate UN diplomat who served in all the Organisation’s major duty stations ranging from Geneva, Switzerland, through Addis Ababa, Ethiopia, to a peacekeeping mission in the hot and dusty Sinai Peninsula, Egypt, and ultimately the 38th Floor of the UN Headquarters, New York.

"Responses From The Field: Sexual Assault, Domestic Violence, And Policing”, Julie Goldscheid, Donna Coker, Sandra Park, Tara Neal, Valerie Halstead

Publications and Research

No abstract provided.

Lifting The Ban On Women’S Shelters In Iraq: Promoting Change In Conflict, Lisa Davis

Publications and Research

No abstract provided.

The Indefinite Deflection Of Congressional Standing, Nat Stern

Scholarly Publications

Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. Leading scholars in the field of congressional standing immediately expressed doubt that courts would entertain a suit seeking to compel enforcement of these provisions. This Article argues that the premise that suits of this sort can be maintained rests on a tenuous understanding of the Supreme Court's fitful treatment of standing by Congress or its members to sue the Executive.

The Court has never issued …

Staying Out Of Hot Water: A Legal Guidebook On Hazingstaying, Jasmine Kelly, Alex Kennedy, Keira Martin, George Woodard

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

A Legal Guide For University Admissions Offices: How To Stay Out Of Court, Marrissa Bryant, Christian Montgomery, Hillary Smith

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Nat Stern, Mark Joseph Stern

Scholarly Publications

No abstract provided.

Santa Clara Magazine, Volume 57 Number 1, Fall 2015, Santa Clara University

Santa Clara Magazine

24 - ART HAPPENING HERE Inside the Edward M. Dowd Art & Art History Building. Illustration by Harry Campbell. Words by Steven Boyd Saum.

28 - CALL HER A WORLD CHAMPION And call them America’s Team. Julie Johnston ’14 and the Women’s World Cup. By Ann Killion.

34 - A WILD GENEROSITY The energy and genius of Steve Nash ’96 on the court. By Brian Doyle.

37 - BELIEVE IN US An oral history of a 1993 NCAA playoff game that became an upset for the ages. By Jeff Gire and Harold Gutmann.

40 - CHANGE THE GAME Pope Francis …

Race, Marriage, Markets, Choice, And Some Reflections On Is Marriage For White People?, Twila L. Perry

Duke Journal of Gender Law & Policy

No abstract provided.

State V. Crumpton: How The Washington State Supreme Court Improved Access To Justice In Post-Conviction Dna Testing, Jordan Mccrite

Washington Law Review

Post-conviction DNA testing is a valuable tool for ensuring innocent people are not wrongfully incarcerated. Society has strong interests in confirming that available, yet previously untested, DNA evidence matches the person convicted. Access to post-conviction DNA testing, however, has been limited to maintain finality and avoid an over-burdened court system. This Note examines post-conviction DNA testing in Washington State, particularly after the 2014 Washington State Supreme Court decision, State v. Crumpton. In Crumpton, a majority of the Court—over a strongly worded dissent—read a favorable presumption into Washington’s post-conviction DNA testing statute. The favorable presumption requires courts to presume …

Here Today, Gone Tomorrow? Post-Grant Review And Ptab Interpretation Of § 101 Subject Matter After Myriad, Conor T. Flynn

Buffalo Intellectual Property Law Journal

Post-grant review is a new review procedure for granted patents in the United States. The procedure, instituted as a mechanism to get rid of "bad patents," allows any outside party, within nine months of the patent grant date, to challenge the validity of a granted patent on any ground under the patent law, including patentable subject matter, provided that the petitioner can demonstrate that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, or if there is a showing that "the petition raises a novel or unsettled legal question that …

Very Few Appreciated Just How Bad Aia Inter Partes Reviews (Iprs) Would Be For Patent Owners, Although Ipr Denials Have Been, For Patent Owners, A Glimmer Of Hope, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.