Law Commons^™

Material Solutions: Rectifying United States V. Natale And The Meaning Of "Material", Vaughn Bentley

DePaul Journal of Health Care Law

No abstract provided.

Those Scamming Little Rascals: Power Wheelchair Fraud And The Flaw In The Medicare System, Sydney Mayer

DePaul Journal of Health Care Law

No abstract provided.

Urging A Practical Beginning: Reimbursement Reform, Nurse-Managed Health Clinics, And Complete Professional Autonomy For Primary Care Nurse Practioners, Joy Luchico Austria

DePaul Journal of Health Care Law

No abstract provided.

Vertical Integration In Health Care The Regulatory Landscape, David C. Szostak

DePaul Journal of Health Care Law

No abstract provided.

Table Of Contents, Depaul College Of Law

DePaul Journal of Health Care Law

No abstract provided.

Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney

University of Miami National Security & Armed Conflict Law Review

Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.

This article explores the legal justifications for the …

Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle

Journal of Law and Practice

No abstract provided.

Transmission Rights To Major Events In The Light Of Eu Law, Małgorzata Pęk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents the model of exercising transmission rights to ‘major events’ adopted in EU law in the light of the interpretative activities of the Court of Justice, guidelines of the European Commission and best practices of EEA countries. The article aims to stress the need to revise the EU legal framework, namely the Audiovisual Media Service Directive, and to adopt a more coherent, precise and transparent regulatory approach.

Representing Parents With Disabilities, Joshua B. Kay

Book Chapters

Parents with disabilities are more likely than other parents to become involved in the child welfare system, and once involved, their cases are more likely to end in termination of parental rights. This chapter covers basic information about parents with disabilities and child welfare involvement, including the prevalence of disability among parents generally and the frequency with which parents with disabilities are involved in child welfare cases. It discusses why these parents are disproportionately involved in child welfare proceedings and the biases of professionals that contribute not only to this frequent involvement but also to the poor outcomes in many …

Rocky Mountain Builders Supply, Inc. D/B/A Ck Builders, Plaintiff-Appellant, Vs. Steve Marks, An Individual, Def Endant-Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Order of Dismissal of the Fourth District Court, Utah County Honorable Samuel Mc Vey, District Court Judge, Presiding

In Regard To Darrell Wayne Morris, Witness/Appellant. State Of Utah, Plaintiff, V. Danny Leroy Logue, Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM A FINDING OF CONTEMPT ENTERED BY HONORABLE DEREK M. PULLAN OF THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH

State Of Utah, Plaintiff/Appellant V. Robbie Michael Macdonald, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Interlocutory Appeal from two pretrial suppression rulings, in the Fourth Judicial District, Utah County, the Honorable Derek Pullan presiding

Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellees, Mark Mckenna

Court Briefs

The District Court correctly determined that Phoenix failed to state a trademark claim because Basket Case’s activities cannot have caused any relevant confusion.1 Phoenix’s fundamental complaint is about unauthorized use of its intangible content—karaoke tracks. Under Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), however, only confusion regarding the source of physical goods is actionable under the Lanham Act; confusion regarding the source of the karaoke tracks or their authorization is not actionable. Phoenix cannot avoid Dastar just because Basket Case creates digital copies of those tracks, as Basket Case does not sell digital files or …

The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire

Et Cetera

The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which …

Ex Parte Seizures And The Defend Trade Secrets Act, Eric Goldman

Washington and Lee Law Review Online

Congress is considering the Defend Trade Secrets Act, which would create a new federal trade secret civil cause of action. The Act includes a quirky and unprecedented ex parte procedure for trade secret owners to obtain a seizure order. The seizure provision applies in, at best, a narrow set of circumstances, and it oddly attempts to protect intangible trade secrets by seizing chattels. Despite procedural safeguards, the seizure provision also enables anti-competitive misuse.

More generally, the fact-based disputes that inevitably must be resolved in trade secret litigation make trade secrets an especially poor basis for ex parte actions. As a …

Sheila G Winkler, Petitioner, V. Workforce Appeals Board, Utah Department Of Workforce Services, And Salt Lake City Corp., Respondents, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of a Decision of the Workforce Appeals Board of the Department of Workforce Services, State of Utah

State Of Utah V. Khalid Mohamud : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a conviction for one count of possessing a prohibited item in a correctional facility, a second degree felony, in the Third Judicial Distrct, Salt Lake County, the Honorable Terry Christiansen presiding.

Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality, Jordan A. Blenner

Department of Psychology: Dissertations, Theses, and Student Research

Sexual minorities (i.e. lesbians and gay men) experience systemic discrimination throughout the United States. Prior to the Supreme Court ruling in Obergefell v. Hodges (2015), in many states, same-sex couples could not marry and sexual minorities were not protected from sexual orientation housing discrimination (Human Rights Campaign, 2015). The current, two-experiment study applied Jost and Banaji’s (1994) System Justification Theory to marriage and housing discrimination. When sexual minorities question dissimilar treatment, thereby threatening the status quo, members of the heterosexual majority rationalize sexual minority discrimination to maintain their dominant status (Alexander, 2001; Brescoll, Uhlmann, & Newman, 2013; Citizens for Equal …

Introduction: The Defend Trade Secrets Act Of 2015, Christopher B. Seaman

Washington and Lee Law Review Online

This is an introduction to a Roundtable on the Defend Trade Secrets Act published by the Washington and Lee Law Review Online in 2015.

The Dtsa: The Litigator's Full-Employment Act, Sharon K. Sandeen

Washington and Lee Law Review Online

Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are accused of trade secret misappropriation, often resulting in litigation expenses that exceed the alleged harm to the plaintiff. Such litigation is particularly costly and unjust in cases where the plaintiff asserts rights that, due to common misunderstandings about the limited …

Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark

BYU Law Review

The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence that police do in their public capacity as officers of the state. This Article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners. Although the public and private overlap, the power and training provided to police officers by the state makes …

Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat

BYU Law Review

Judge Richard Posner recently asserted that the original understanding of the Free Speech Clause of the First Amendment was to prohibit “censorship”—meaning prior restraints—but not subsequent punishments. Posner was following in the footsteps of many other eminent jurists including Oliver Wendell Holmes, Jr., Joseph Story, James Wilson, and ultimately William Blackstone.

The problem is, this claim is simply wrong. Firstly, it misquotes Blackstone. Blackstone said that the liberty of the press meant only freedom from prior restraints; he never discussed speech. When one does examine the Speech Clause, it becomes quite clear that its protections cannot be limited to freedom …

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, Utah County, State of Utah, the Honorable David N. Mortensen

The Us Space Launch Competitiveness Act Of 2015, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

On November 25, 2015, President Obama signed into law the US Commercial Space Launch Competitiveness Act (H.R. 2262). This Act encompasses four titles: I. Spurring Private Aerospace Competitiveness and Entrepreneurship (acronym: SPACE), II. Commercial Remote Sensing, III. Office of Space Commerce, and IV. Space Resource Exploration and Utilization.

Title I amends the Commercial Space Launch Act, which comprises the licensing regime for launches, reentries, and launch port activities, including those carrying spaceflight participants on board.

Title II amends the Land Remote Sensing Policy Act, which allowed for the licensing of private commercial satellite remote-sensing operations, and essentially requires the Secretary …

2015–2016 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy—Ferguson And Beyond, Mae C. Quinn

BYU Law Review

No abstract provided.

The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David G. Yosifon

BYU Law Review

A mature assessment of the society we are making for ourselves, and the legacy we are leaving to the future, must come to terms with consumer culture. Theoretical discourse, as well as common experience, betray persistent ambiguity about what consumerism means to and says about us. In this Article, I argue that this ambiguity can in part be explained by examining the social relations of consumption in contemporary society. These involve, crucially, the relationship between producer and consumer that is dictated by corporate governance law, and embodied in the decision-making dynamics of the directors who command corporate operations. The enigmatic …

Alternative Entities And Fiduciary Duty Waivers In Delaware, Michael Despres

BYU Law Review

No abstract provided.