Law Commons^™

Sterling Fiduciaries, Llc, Plaintiff/Appellant, Vs. Jpmorgan Chase Bank, N.A., Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, Judge James D. Gardner

Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn

Faculty Scholarship

Indian Country Today Media Network caught up with Kevin K. Washburn to discuss his legacy as ASIA, among other hot topics in Indian country like: reformed federal recognition rules, Cobell, Oak Flat, Land in Trust and more.

Presidential Leadership And The Separation Of Powers, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.

The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen

All Faculty Scholarship

A surety faces potential exposure to a multitude of liabilities under payment and performance bonds issued for state and federally funded bonded projects as well as from the express obligations imposed by private common law performance and payment bonds. This paper, however, focuses only on a surety’s potential exposure for wage and related liabilities.

Under federal law, a surety faces possible liability under a Miller Act Payment Bond to laborers for the bonded principal’s failure to pay wages. Union trusts may also recover against a surety under a Miller Act Payment Bond for the bonded principal’s failure to remit union …

Narrating Climate Change At The San Juan National Historic Site At The Community Level, Leslie Paul Walker Jr.

USF Tampa Graduate Theses and Dissertations

While the National Park Service is charged with interpreting and preserving areas designated as park resources, they must also manage environmental issues such as erosion resulting from climate change. This research sets out to narrate how Palo Seco, Puerto Rico, a neighboring community of the San Juan National Historic Site, perceives similar environmental conditions and motivations for addressing these issues. My research sits at the intersection between the park’s charter and understanding community implications of environmental changes that affect local heritage. Using Authorized Heritage Discourse and environmental justice as theoretical frameworks, I suggest that the National Park Service should include …

Jack Daniel Brown, Appellant/Petitioner Vs. State Of Utah, Appellee/Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Fifth district courts denial of Post conviction relief.

State Of Utah, Plaintiff/Appellee V. Alex L. Lambrose, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for aggravated robbery in the Second District Court, State of Utah, the Honorable Scott M. Hadley, Judge, presiding.

Application For Leave To File Brief And Brief Of Amici Curiae Award-Winning California Teachers, American-Arab Anti-Discrimination Committee, Fred T. Korematsu Center For Law & Equality, And American Association Of University Professors In Support Of Appellants, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

Vergara v. California

Explaining The Blurred Line Between Employment And Independent Contracting, Michael C. Harper

Faculty Scholarship

As the Reporter primarily responsible for the chapter defining the employment relationship in the recently completed Restatement of Employment Law, I thought I had fully considered and taken account of the origins and various instances of judicial confusion in distinguishing employees from independent contractors. Thus, I was especially surprised to have my understanding of the confusion substantially enhanced by Julia Tomassetti’s recent conceptually deep article. Tomassetti argues that an understanding of the unusual and contradictory nature of employment contracts and their development is necessary to explain judicial confusion when defining employment, and that it is not sufficient simply to highlight …

Ndls Update 09/22/2015, Notre Dame Law School

NDLS Update

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

Ndls Update 09/15/2015, Notre Dame Law School

NDLS Update

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

Taking Care Of Federal Law, Leah Litman

Articles

Article II of the Constitution vests the “executive power” in the President and directs the President to “take Care that the Laws be faithfully executed.” But do these provisions mean that only the President may execute federal law? Two lines of Supreme Court precedent suggest conflicting answers to that question. In several prominent separation-of-powers cases, the Court has suggested that only the President may execute federal law: “The Constitution requires that a President chosen by the entire Nation oversee the execution of the laws.” Therefore, the Court has reasoned, Congress may not create private rights of action that allow nonexecutive …

State Of Utah, Plaintiff/Appellee, Vs. Allen Bruun And James Diderickson, Defendants/Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for twelve counts of theft (six second degree felonies, five third degree felonies, and one class A misdemeanor), and one count of engaging in a pattern of unlawful activity (a second degree felony), in the Third Judicial Dishict, Salt Lake County, the Honorable Katie Bernards-Goodman presiding Second case number: 20140295

Are Threats Made On Social Media A True Threats Exception To The First Amendment?, Elana Herzog

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

As the popularity of social media continues to grow, people are increasingly using it to express themselves. While expressing oneself on social media sites is a documented right as per the First Amendment, what is less clear is whether threats made on social media are permitted under the First Amendment, or whether they constitute the “true threats” exception that serves as a limitation on First Amendment rights. Put differently, at what point are threats made on Facebook no longer a rant, but a true threat that is not covered by one’s First Amendment rights?

This post was originally published on …

Initial Interest Confusion Is Still Kicking In The Ninth Circuit, Kerrijane Wennberg

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

It looks like Amazon.com (Amazon) and Multi Time Machine (MTM) may be going to trial, as the Court of Appeals for the Ninth Circuit recently reversed a district court’s summary judgment in a trademark infringement suit against Amazon. In a split decision, the appeals court found that a jury could conclude the online marketplace has created a likelihood of confusion based on the theory of initial interest confusion. This decision is a controversial one, as a number of legal scholars, not to mention courts, have rejected the initial interest confusion doctrine.

This post was originally published on the Cardozo Arts …

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Freedom Of Expression- European Commission Of Human Rights Find That Injunction Against Newspaper Article On Case During Out-Of-Court Negotiations, Upheld By The House Of Lords, Violates Article 10 Of The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Alan S. Peevy

Georgia Journal of International & Comparative Law

No abstract provided.

Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Sovereign Immunity- Communist And Socialist Organizations- Effect Of State's System Of Property Ownership On Determination Of Agency Or Instrumentality Status Under The Foreign Sovereign Immunities Act Of 1976, Timothy A. Peterson, Harger W. Hoyt

Georgia Journal of International & Comparative Law

No abstract provided.

The Group Of 77 Draft Provisions Concerning Supplier Guarantees For The Proposed International Code Of Conduct On Transfer Of Technology, Kevin Conboy

Georgia Journal of International & Comparative Law

No abstract provided.

Application Of The Mail And Wire Fraud Statutes To International Bribery: Questionable Prosecutions Of Questionable Payments, Richard A. Hibey

Georgia Journal of International & Comparative Law

No abstract provided.

A Practitioner's Guide To United States Employment Taxation Of Nonresident Aliens Working In The United States, John L. Gornall Jr., John B. Copenhaver

Georgia Journal of International & Comparative Law

No abstract provided.

Sea Changes And The American Republic, Dean Rusk, Milner S. Ball

Georgia Journal of International & Comparative Law

No abstract provided.

How Entrepreneurs Can Crowdfund Renewable Energy Projects, Adrian Chiang

The Journal of Business, Entrepreneurship & the Law

This Article explains how the entrepreneurial efforts and the upcoming changes in crowdfunding law will allow for more successful renewable energy projects in the United States. Part II examines the renewable energy market, its relevance, and the United States' transition from traditional non-renewable energy production to renewable energy production. Part III covers the general methods of energy financing from both public and private sources and how they have been utilized in typical energy financing structures. Part IV explains how an entrepreneur, utilizing the new rules on crowdfunding, can address the existing deficiencies in financing renewable energy projects. Part V explores …

Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan

The Journal of Business, Entrepreneurship & the Law

This Comment analyzes the issues surrounding joinder of copyright infringers who use BitTorrent, explores how joinder can be used and limited to create a more viable solution for copyright holders and consumers, as well as, supplements the sparse regulations that encompass joinder to create a rule that accommodates this technological era. Part II explains Copyright Law and the procedural aspects of a copyright infringement suit and joinder of defendants. Part III delves into the history of peer-to-peer (P2P) file-sharing lawsuits and provides an illustration of where case law rests today regarding P2P networks. Part IV describes the BitTorrent network and …

Note: A Series Of (Inseparable) Tubes? “New Media” Streaming And The Impact Of In Re. Pandora Media, Related Decisions, And Performance Licensing In The Internet Era, Ross Coker

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

The Sharing Economy And Consumer Protection Regulation: The Case For Policy Change, Christopher Koopman, Matthew Mitchell, Adam Thierer

The Journal of Business, Entrepreneurship & the Law

In this Paper, we discuss the central benefit of the sharing economy thus far: it has overcome market imperfections without recourse to regulatory bodies prone to capture by entrenched firms. As an introduction to the various issues surrounding this ongoing debate, we begin with an explanation of the sharing economy. Then we review the traditional “consumer protection” rationales for economic regulation and explain why many regulations persist even though their initial justifications are no longer valid. We argue continued application of these outmoded regulatory regimes is likely to harm consumers. In the last section, we explain how the Internet and …

The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell

The Journal of Business, Entrepreneurship & the Law

This Article introduces the taxpayer to the basic background principles needed to understand the inner workings of the investment, then provides a guide to drafting considerations for the family's attorney, and concludes with a general plan to maintain business legitimacy and take advantage of tax-favored status, while retaining the flexibility essential to combating the unexpected. Part II addresses the historically favored tax treatment of life insurance products, as well as relatively recent restrictive reforms. Part III addresses the background foundation of the LLC entity and surveys its skeletal structure. Part IV introduces a practical example of how to create an …

Drafting And Securitizing Participation Mortgages: A Re-Introduction, Spencer J. Coopchik, Yildiray Yildirim

The Journal of Business, Entrepreneurship & the Law

This Paper will reintroduce, explore, and expand on the financing arrangement known as a Participation Mortgage. First, this Paper will cover the features, history, and policy purposes behind the mortgage. Second, the Paper will focus on legal mechanics and drafting considerations of Participation Mortgages, so they may later be securitized. Finally, the Paper will explore the possibility and legality of creating Participation Mortgaged Backed Securities to be sold in the secondary market.