Law Commons^™

Modern Critiques Of Judicial Empathy: A Revised Intellectual History, Brenner M. Fissell

Faculty Publications

The role of “empathy” haunts recent debates about how judges make decisions. Remarkably, however, the intellectual origins of scholarly resistance to empathic judging remain poorly understood. This Article fills that gap. Through historical and theoretical study, it reveals the ways in which the modern anti-emphatic consensus can be seen as a mutated descendent of late-nineteenth century formalism. This Article also marks an irony with significant implications for the empathy debate: Although the anti-empathic view was born of formalism, it has drifted from its source such that it would almost certainly be condemned by the very formalist scholars from whom it …

Electronic Service Of Process: A Practical And Affordable Option, Annie Chen

Cornell Law School J.D. Student Research Papers

It is not enough that courts have the ability to exercise control over persons and property. The Supreme Court has held that at a minimum, the due process requirement of the Fourteenth Amendment includes notice of the proceedings] Thus before a State can legitimately exercise such power its jurisdiction must be perfected by effectuated service of process. Service of process is the formal presentation of instruments that initiate legal action against a person or property. It is the method by which a defendant is formally notified that an action against her is pending and marks the beginning of a …

002373, Us Land Patent, T25s, R15e, Peter D. Anderson, May 10, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

002757, Us Land Patent, T27s, R15e, Philip Biddell, Nov. 10, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

November 27, 2016: Perfect Paranoia—-Jill Stein’S Recount, Bruce Ledewitz

Hallowed Secularism

Blog post, “Perfect Paranoia—-Jill Stein’s Recount“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

078129, Us Land Patent, T27s, R16e, Robert G. Flint, Bartholomew Kenniff, Nov. 5, 1862, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

1975, Bulletin No. 118, California's Ground Water, Department Of Water Resources

State and Federal Documents Relating to Monterey and San Luis Obispo Counties

The Bulletin summarizes known technical information on ground water basins in California and the extent of their water supplies throughout the State. It also discusses the ways in which ground water basins have been used and missue in the past and suggests better management mechanisms for the future.

005539, Us Land Patent, T26s, R14e, Otto Arnold, July 1, 1869, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.

Mandated Ethics: Regulatory Innovation And Its Limits In The Governance Of Research Involving Humans, Igor Gontcharov

PhD Dissertations

Harmonization of risk policy in research involving humans, following the adoption of the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (TCPS) in 1998, which extended the biomedical model of research ethics review to the social sciences and humanities, constitutes the focus of this portfolio dissertation. The articles in the portfolio examine the challenges that prospective ethics review poses to those research disciplines, the methods and ethics of which may differ from, or even be antagonistic to the biomedical model.

The regulatory space of research involving humans is a highly dynamic field, and a place of significant tensions caused …

Budd Revisited - Gambling In Great Britain 15 Years On, Daniel Waugh Mr

UNLV Gaming Research & Review Journal

In 2000, Sir Alan Budd, the noted economist was asked by the British Government to chair a review of the nation’s gambling laws. The resulting ‘The Report of the Gambling Review Body’ (referred to here as ‘The Budd Report’ or ‘Budd’) was published a year later and provided a blueprint for how gaming and betting would subsequently be regulated under a major new piece of legislation - the Gambling Act 2005 (the ‘2005 Act’ or the ‘Gambling Act’).

The work of the Gambling Review Body (the ‘Review Body’) was undertaken at considerable expense and effort – more than 200 submissions …

Access, Exclusion, And Value, Sarah Schindler

Sturm College of Law: Faculty Scholarship

The concepts of exclusion and access occupy the minds of many property scholars. We regularly debate the problems with, and benefits of, exclusion. We talk about how foundational the right to exclude is, and should be. We talk about whether and when the right to exclude should bend to accommodate other interests. And we talk about the value of exclusion. While these debates have filled many pages in law journals and hours of panel discussions, Professors Jonathan Klick and Gideon Parchomovsky noticed that something was missing from the discourse: empirical evidence.

Trouble On The Exchanges — Does The United Owe Billions To Health Insurers?, Nicholas Bagley

Articles

Yet another bruising fight has erupted over health care reform. On September 9, 2016, the Obama administration offered to open settlement negotiations with health insurers that have sued the United States to recover billions of dollars that they claim they are owed. Congressional Republicans are incensed, believing that any settlement would illegally squander taxpayer dollars in a lastgasp effort to save the Affordable Care Act (ACA).

The Single-Assassin Theory, The Media Establishment And The Cia, Donald E. Wilkes Jr.

Popular Media

We have long known that, criminally, outrageously and repeatedly, the Central Intelligence Agency stonewalled official government investigations of the JFK assassination. But we also now know that for the last half-century, using its numerous and influential assets and supporters in the mainstream media, the CIA has engaged in a clandestine crusade to preserve, protect, and defend the Warren Report’s sole-assassin claim from criticism, even when the criticism is warranted. This article delves into how these two entities have provided disinformation to the public.

The Limits Of Regulation: A Case Study Of Virtual And Intangible Harm, Nachshon Goltz

PhD Dissertations

This dissertation deals with the limits of regulation through the analysis of virtual and intangible harm and the capacity of regulation to prevent or at least reduce such harm. The case study at hand is the potential harm to childrens imaginative development in virtual worlds. A comparison is drawn from the regulation of online advertising to children in Canada and the US. Based on a review of the literature in chapter 1, it is suggested that there are serious and long-term consequences to an underdeveloped imagination, including pathological phenomenon and lack of imaginative ability. As with other harms to children, …

Reply Brief. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 9443770, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune

Court Briefs

QUESTIONS PRESENTED (1) To establish a prima facie case of discriminatory termination, is a plaintiff required to show that he was replaced by someone outside his or her protected group?* (2) Under Title VII of the Civil Rights Act of 1964, a plaintiff prior to:bringing a civil action must first file a charge with the EEOC, usually within 300 days of the action complained of. The Question Presented is: Where a claimant files a timely Title VII charge asserting that employer conduct was the result of a particular unlawful motive, may the claimant after the end of the charge-filing period …

Brief For The Fred T. Korematsu Center For Law And Equality And The Phillips Black Project As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Williams v. Steele

Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto

Nevada Supreme Court Summaries

The Court found that the district court did not err when it found no violation of NRS 172.145(2). The Court interpreted NRS 172.145(2), which creates a duty on district attorneys to submit evidence to a grand jury if they are “aware” it will “explain away the charge.” The Court determined that a district attorney must be “aware” evidence has exculpatory value before there is a duty to present the evidence to a grand jury. The district attorney is not obligated to present exculpatory evidence it possesses but does not recognize as exculpatory. In the case at issue, because the district …

The History Of Fcc Exclusivity Rules, Stuart Anello

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In light of a recent FCC proposal to abrogate the exclusivity rules which prevent a cable provider from reproducing a program where a broadcaster has obtained exclusive rights, this post will discuss the history and justification of these rules.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 23, 2016. The original post can be accessed via the Archived Link button above.

The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

002291, Us Land Patent, T26s, R14e, Andrew J. Patterson, Nathaniel G. Patterson, A. E. Purcell, May 2, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

078409, Us Land Patent, T26s, R14e, Frederick M. Cox, Andrew J. Pelham, Jacob Schwartz, Dec. 10, 1861, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

001062, Us Land Patent, T26s, R15e, Philip Biddal, May 1, 1867, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

001803, Us Land Patent, T27s, R09e, Thomas H. Glendenin, May 10, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

001810, Us Land Patent, T27s, R09e, Elijah W. Higgins, May 10, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

000194, Us Land Patent, T27s, R13e, Oliver P. Mcfadden, Feb. 1, 1864, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

000195, Us Land Patent, T27s, R13e, Oliver P. Mcfadden, Feb. 1, 1864, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.

000530, Us Land Patent T27s, R13e, Robert Watt, May 1, 1869, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.