Law Commons^™

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin

Articles

No abstract provided.

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis

Faculty Publications & Other Works

Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.

Astroturf Activism, Melissa J. Durkee

Scholarly Works

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

Nuisance And The Normative Boundaries Of Ownership, Christopher Essert

Tulsa Law Review

A nuisance is an unreasonable interference with an owner’s right to use and enjoy her land. The tort of nuisance must be understood if we are to understand the nature, scope, and justification of private property rights. As the latter task is among the most important ones facing legal and political philosophers in a democratic society, such as ours, the former is crucial. Yet, we lack anything like a viable theory of nuisance law. The two most prominent—the economic view and the physical-invasion view—both fail, doc-trinally and normatively. Things are so bad for nuisance that it has been called a …

Is The Internet Rotting Oklahoma Law?, Lee F. Peoples

Tulsa Law Review

No abstract provided.

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Supplemental Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

The Pride Of The Common Law: Oklahoma's Struggle With The Prima Facie Tort Action, Matthew C. Kane, Ivan L. London

Tulsa Law Review

No abstract provided.

Masthead

Tulsa Law Review

No abstract provided.

Dear Colleague: Title Ix Coordinators And Inconsistent Compliance With The Laws Governing Campus Sexual Misconduct, Brian A. Pappas

Tulsa Law Review

Title IX Coordinators are tasked with effectuating Title IX compliance to ensure a safe campus while protecting the rights of survivors and alleged perpetrators. An epidemic of university sexual misconduct and widespread non-reporting provided the context for a 2011 Department of Education Office of Civil Rights Dear Colleague Letter redefining compliance. This article utilizes interviews conducted between 2011 and 2014 with 13 Title IX Coordinators from large institutions of higher education to provide a ground-level view of compliance in action. In the very best light, during this time university compliance with Title IX was highly inconsistent and largely ineffective. Title …

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding

Ktm Health Care, Inc., Plaintiff And Appellee/Cross-Appellant, V. Sg Nursing Home, Llc, Dba Kolob Care & Rehabilitation Of St. George And Apex Healthcare Solutions, Llc, Defendants And Appellants/Cross-Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS
AND
BRIEF OF CROSS-APPELLEES

Appeal from a Final Judgment
Entered by the Fifth Judicial District Court
Honorable Jeffrey C. Wilcox Presiding

Phillip Grimm, Plaintiff And Appellee/Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appelle. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT AND BRIEF OF CROSS-APPELLEE

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable Pamela G. Heffernan

Report On The National Conference “Biological Medicinal Products. Legal Aspects”. Warsaw, 2 December 2016, Natalia Łojko

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

Warsaw, 2 December 2016

Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp

Journal of Law and Health

There are a multitude of dilemmas faced today by over 3 million significantly disabled Americans, many of whom depend on Medicaid for Long-Term Services and Supports (LTSS) in obtaining the services they need to simply live. While the landmark 1990 Americans with Disabilities Act (ADA) has done a lot to improve the lives of people with disabilities, the reality is that using Medicaid as the vehicle for funding LTSS places unreasonable restrictions on disabled people who want to live independent lives and be as successful as possible.

The Federal Government must change funding for LTSS in order to provide disabled …

Mending Invisible Wounds: The Efficacy And Legality Of Mdma-Assisted Psychotherapy In United States' Veterans Suffering With Post-Traumatic Stress Disorder, Jonathan Perry

Journal of Law and Health

Though Veteran Affairs has provided crucial life sustaining—and often lifesaving—treatments to returning soldiers, the substantial and ever-increasing rates of veteran suicides, drug addictions, and criminal behavior indicate a need for broader options in treatment. One of the most profound discoveries uncovered through MDMA-assisted psychotherapy research is MDMA’s facilitation of the alleviation of addictive behavior in subjects, and, as a result, an alleviation of addictions in general. Addiction is one of the key symptoms of post-traumatic stress disorder (PTSD) and drug abuse plays a large role in the other afflictions suffered by veterans, namely criminal activity and a high rate of …

Distance Selling Of Medicinal Products – National Legislation, Zbigniew Więckowski

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

The subject matter of this article concerns the question of distance selling of medicinal products considered from the perspective of national legislation. The author analyzes in detail the provisions of the Polish Pharmaceutical Law and the Ordinance of the Minister of Health of 26 March 2015 on mail-order sales of medicinal products in order to find the answer to the question why pharmacists show little interest in further developing this distribution channel for medicine. The author focuses also on the analysis of the provisions governing mail-order sales of medicines in terms of ensuring patient safety.

Waters Of The United States, Roni A. Elias

Tulsa Law Review

No abstract provided.

Editor's Note, Aaron Tifft

Tulsa Law Review

No abstract provided.

Faculty List

Tulsa Law Review

No abstract provided.

The Impact Of Md5 File Hash Collisions On Digital Forensic Imaging, Gary C. Kessler

Journal of Digital Forensics, Security and Law

The Message Digest 5 (MD5) hash is commonly used as for integrity verification in the forensic imaging process. The ability to force MD5 hash collisions has been a reality for more than a decade, although there is a general consensus that hash collisions are of minimal impact to the practice of computer forensics. This paper describes an experiment to determine the results of imaging two disks that are identical except for one file, the two versions of which have different content but otherwise occupy the same byte positions on the disk, are the same size, and have the same hash …

State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for one count of aggravated murder,
two counts of aggravated kidnapping, two counts of
aggravated robbery, and one count of obstructing justice, all
first degree felonies, in the Third Judicial District, Salt Lake
County, the Honorable Randall N. Skanchy presiding

Oral Argument Requested

Improving Nuclear Safety, Security, And Nonproliferation In Northeast Asia Through Multinational Approach, Viet Phuong Nguyen

International Journal of Nuclear Security

No abstract provided.

Nuclear Power: Black Sky Liability Or Black Sky Asset?, Sherrell R. Greene

International Journal of Nuclear Security

Ready access to abundant electricity is a key enabler of modern life. During the past decade the vulnerability of Critical Infrastructure sectors in the U.S. to a variety of natural hazards and man-made threats has become increasingly apparent. The electrical infrastructure (the “Grid”) is the foundation for all other critical civil infrastructures upon which our society depends. Therefore, protection of the Grid is an energy security, homeland security, and national security issue of highest importance. Geomagnetic disturbances (GMD) induced by solar coronal mass ejections (CMEs), electromagnetic pulse (EMP) attacks, and cyber attacks are three events having the potential to plunge …

Addressing The Tunnel Threat At Nuclear Facilities: A Case Study, Md. Mobasher Ahmed

International Journal of Nuclear Security

No abstract provided.

South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED

South Salt Lake City, Plaintiff And Appellee, -V- S. Steven Maese, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED

South Salt Lake City, Plaintiff/Appellee, V. S. Steven Maese, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions on two traffic offense infractions
in the Third Judicial District Court, Salt Lake County, the
Honorable Randall Skanchy presiding, wherein the
defendant's request for a jury trial on infraction charges
was denied.

The State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from convictions for one count of aggravated murder, a first degree
felony, in violation of Utah Code 76-5-202; two counts of aggravated
kidnapping, first degree felonies, in violation of Utah Code 76-5-302; two counts
of aggravated robbery, first degree felonies, in violation of Utah Code 76-6-302;
and one count of obstructing justice, a first degree felony, in violation of Utah
Code 76-8-306(1), in the Third Judicial District Court, in and for Salt Lake
County, State of Utah, the Honorable Randall Skanchy presiding.

Appellant is incarcerated.