Law Commons^™

The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.

Communication and Theater Association of Minnesota Journal

The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …

Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips

LLM Theses

This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke grassroots narratives grounded in experience. In order to better elucidate the relationship between legal and experiential discourses, the author compares recent legal discourse on sexual assault focusing on two Supreme Court of Canada decisions with women's own accounts of sexual violence, as presented in mainstream news media in the wake of the 2014 Jian Ghomeshi story. The findings, examined through the lens of feminist scholarship, support a view …

November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Guess Trump Really Could Win the Republican Nomination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Marketing Your Library: Thinking Outside The Box, Marcia L. Dority Baker, Sandra B. Placzek

Marvin and Virginia Schmid Law Library: Faculty Publications

“Marketing” is a ubiquitous term applied to almost anything. Market your brand. Market your name. Market your product. Market your library. “Market your library” sounds a bit odd – maybe because in academia we don’t think we need to market our library. We’re a firmly established part of the institution. We may change over time, but it’s unlikely we’ll disappear, and any “marketing” we do probably will not result in more funding from our parent institution. But marketing, even in academia, is important because it helps advertise the value we bring to our institutions. We’ve been talking about Marketing a …

Medicare Part B Premiums And Social Security Benefits, Sally Coberly

National Health Policy Forum

This paper describes the annual determination of beneficiaries' premiums for voluntary Medicare Part B coverage and a provision known as "hold harmless." The hold-harmless provision prevents a beneficiary's Social Security payments from being reduced as a result of an increase in the Part B premium. Because there was no cost-of-living increase for Social Security benefits for 2016, the hold-harmless provision will be in effect. This paper discusses what happens to premiums in 2016 for beneficiaries who are not held harmless—new beneficiaries, beneficiaries who do not participate in Social Security, those who are dually eligible for Medicare and Medicaid, and higher-income …

Doe V. Friedman, Neal Hendel, Anat Baron, Uri Shoham

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A transgender woman ended her life, and, in documents she left behind, she made clear that she wished for her body to be cremated and that most of her ashes be scattered at sea and some be buried in a place for her memory. In her will she asked that the First Respondent act to execute her wishes – this, among others, because she …

Volume 89, Issue 7 (2015)

Obiter Dicta

No abstract provided.

State Of Utah, Appellee V. Michael L. Nay And Tracy L. Hanson, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is a direct appeal from two amended judgemens entered in the Sixth Judicial District Court in and for Sevier county, State of Utah, The Honorable Wallace A. Lee, Presiding

Newsroom: Practicing Law With Amazon.Com, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Government Regulation Of Daily Fantasy Sports Is On The Way: On The Heels Of The Employee Scandal Within Draftkings And Fanduel, Nevada Rules That Betting On Daily Fantasy Sports Is Gambling, Leo Ernst

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On Thursday, October 15, Nevada regulators took the plunge to combat Daily Fantasy Sports (“DFS”) sites like DraftKings and FanDuel and ruled that DFS gaming is a game of chance rather than a game of skill. As such, the Nevada Gaming Control Board has mandated that DFS sites obtain gambling licenses in order to operate in Nevada.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 24, 2015. The original post can be accessed via the Archived Link button above.

Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida

Law School Blogs

No abstract provided.

Forever 21 Under Fire Again… This Time By H&M!, Heather Brodsky

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Merely a few weeks ago we discussed a trademark infringement suit initiated by Adidas against Forever 21. Forever 21 had allegedly copied Adidas’s famous three-stripe trademark. The infamous fast fashion company is now in trouble with a brand that many consider a close competitor: H&M.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 24, 2015. The original post can be accessed via the Archived Link button above.

The Precarious Fate Of Homosexual Emojis, Margaret Mary Ochner

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Shigetaka Kurita had a goal in mind when he set out to create the emoji: to invent a quick and simple way to express emotion without words. Emojis are defined as “[a] small digital pictograph used in electronic communication to express a wide range of emotion and ideas” and are based on Japanese characters. In the past several years, emojis have become popular on many platforms, such as Apple and Android phones, as well as social media sites like Twitter and Facebook. Recently, users have embraced Apple’s decision to add new emojis, such as those depicting different races and homosexual …

Count The Limbs: Designing Robust Aggregation Clauses In Sovereign Bonds, Anna Gelpern, Ben Heller, Brad Setser

Georgetown Law Faculty Publications and Other Works

On August 29, 2014, the International Capital Market Association (ICMA) published new recommended terms for sovereign bond contracts governed by English law. One of the new terms would allow a super majority of creditors to approve a debtor’s restructuring proposal in one vote across multiple bond series. The vote could bind all bond holders, even if a series voted unanimously against restructuring, so long as enough holders in the other series voted for it. An apparently technical change, awkwardly named “single-limb aggregated collective action clauses (CACs)” promised to eliminate free-riders for the first time in the history of sovereign bond …

Forced Migration, The Human Face Of A Health Crisis, Lawrence O. Gostin, Anna E. Roberts

Georgetown Law Faculty Publications and Other Works

Nearly 60 million refugees, asylum-seekers and internally displaced persons (IDPs) fled their homes in 2014, predominately from war-torn Syria, Afghanistan and Somalia. The global response to assisting this vulnerable group has been wholly incommensurate with the need given the profound health hazards faced by forced migrants at each stage of their journey. The majority of forced migrants are housed in lower-income countries that do not have the infrastructure to assist the significant numbers of individuals who are crossing their borders and the humanitarian organizations who seek to assist in the response are grossly underfunded and under-resourced.

Countries have varying responsibilities …

What Can Animal Law Learn From Environmental Law?, Randall S. Abate

Faculty Workshops

Professor Randall S. Abate, now affiliated with The George Washington University Law School, presented on his recently published book, What Can Animal Law Learn form Environmental Law? The workshop focused on how the fields of environmental law and animal law can work in concert. The Workshop was presented in collaboration with the FIU Law Student Animal Legal Defense Fund and FIU Law Environmental Law Society student organizations.

Curb Your Enthusiasm For Pigovian Taxes, Victor Fleischer

Faculty Scholarship

Pigovian (or “corrective”) taxes have been proposed or enacted on dozens of harmful products and activities: carbon, gasoline, fat, sugar, guns, cigarettes, alcohol, traffic, zoning, executive pay, and financial transactions, among others. Academics of all political stripes are mystified by the public’s inability to see the merits of using Pigovian taxes more frequently to address serious social harms, some even calling for the creation of a “Pigovian state.”

This academic enthusiasm for Pigovian taxes should be tempered. A Pigovian tax is easy to design—as a uniform excise tax—if one assumes that each individual causes the same amount of harm with …

State Of Utah, Plaintiff/Appelle, V. Jose Leiva-Perez, Defendant/Appellant : Brief Of Appelee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for first-degree murder, in the Eight Judicial District, Uintah Country, the Honorable Clark A. McClellan presiding

Vol. 49, No. 13 (November 23, 2015)

Indiana Law Annotated

No abstract provided.

Who Defines "Healthy"? Ethical Dilemmas Across Competing Interest Groups On Genetic Manipulation And Gene Patents, Haley Guion

DePaul Journal of Health Care Law

No abstract provided.

The Hospital Readmission Reduction Program: Fraud And Abuse Concerns, Courtney Mathews

DePaul Journal of Health Care Law

No abstract provided.

Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black

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.

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land & Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.

November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Reason is Not an Alternative to Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The International Health Regulations 10 Years On: The Governing Framework For Global Health Security, Lawrence O. Gostin, Mary C. Debartolo, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) and its global health security treaty, the International Health Regulations (2005) (IHR) have lost the world's confidence after the West African Ebola epidemic. The epidemic led to several high-level reviews of the IHR and global health security more broadly. Here, we propose a series of recommendations for operational and legal reforms to enhance the functioning of the FCGH. It is critical that WHO act on them quickly, before the window of opportunity for fundamental reform closes.

WHO should ensure that all states fulfill their obligations to develop national core surveillance and response capacities, including through …

Mmu: 11/22/15–11/28/15, 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.

Boyd Briefs - Nov. 20, 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.

Governing Water In Canada: The Legislative Experiments In New Governance, Patricia Hania

PhD Dissertations

Governing water in Canada is in transition. Since 2000, episodes of drought, unsafe drinking water, and polluted watersheds have affected local and First Nations communities. In reaction to these crises, provincial regulators entered a new governance phase. This regulatory turn profoundly transforms the traditional environmental regulatory approach by introducing a collaborative new governance arrangement. The legal scholarship is generally supportive of this trend, however, a dearth of empirical research exists to understand how decisions are made under this new regulatory approach.

This dissertation presents an eco-resiliency framework to examine the responsiveness of this new governance mode to environmental change. The …

The Three Causes Of Inversions: Reflections On Pfizer/Allergan And Notice 2015-79, Reuven S. Avi-Yonah

Law & Economics Working Papers

On November 19, 2015, Treasury released Notice 2015-79 (the “Notice”). The Notice represents Treasury’s most recent response to the second wave of inversions, i.e., transactions in which US corporations become subsidiaries of foreign corporations without a meaningful change in their underlying business or in the location of their corporate headquarters. It follows on the heels of the announcement that Pfizer Inc. is considering a merger with Allergan PLC, an inverted Irish company, and supplements Notice 2014-52 from September 2014. Unfortunately, just like Notice 2014-52, the Notice is unlikely to stem the tide, and is even unlikely to stop Pfizer/Allergan. For …