Law Commons^™

Legislative Solutions To Narcotic And Drug Addiction, Joseph R. Corso

The Catholic Lawyer

No abstract provided.

"Reasonable" Police Mistakes: Fourth Amendment Claims And The "Good Faith" Exception After Heien, Karen Mcdonald Henning

St. John's Law Review

(Excerpt)

Given Heien’s distinction between the standard under the Fourth Amendment and the standard for qualified immunity, we are left after Heien with the conclusion that the concept of “objectively reasonable” conduct varies depending on the type of claim the Court is addressing. In particular, Heien leaves open both the question of what constitutes a reasonable mistake of law for Fourth Amendment purposes and the question of how that answer relates to the good faith exception to the exclusionary rule. This Article explores these questions. Part I examines how the Court has increased its tolerance of police mistakes, both in …

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Christensen V. United States Of America (U.S. November 7, 2016) (No. 16-461)., Janet Moore

Faculty Articles and Other Publications

The jury is essential to our structure of government, available to criminal defendants as the final arbiter of guilt. As this Court has recognized time and again, the jury serves an important role both structurally within the balance of powers and as a check on governmental power, adding a layer of protection for individual defendants.

The rule applied by the Ninth Circuit and some other courts, allowing dismissal of a holdout juror if a judge sees no reasonable possibility that his view is connected to the merits of the case, threatens the fundamental role of the jury. In contrast to …

The Pound Conferences: Where Do We Come From? What Are We? Where Are We Going?, Cardozo Journal Of Conflict Resolution

2016 Event Invitations

No abstract provided.

Blackfeet Housing V. Armc Risk Management Corp., 15-Ap-09 (Blkft. Tr. Ct. App., Nov. 7, 2016), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether appellant, ARMC, was subject to the jurisdiction in the Blackfeet Tribal Court. The lower court erred in finding that it had jurisdiction in this matter under the arm of the tribe analysis it applied. The “arm of the tribe” analysis would have been more appropriate if ARMC was a section 16 entity. Rather, ARMC is a Section 17 Charter, which demands an analysis of whether the Charter was properly granted and ratified. ARMC does enjoy a congressional grant of sovereign immunity under 25 U.S.C. 477, but ARMC’s immunity defense …

Mmu: 11/07/16–11/13/16, Student Bar Association

Monday Morning Update

SBA Community Service Thanksgiving Drive

Assistant Rector Applications

Assistant Rector Info Sessions

Financial Wellness Tip

Event Pictures, Please

SBA Student REsources

Jus Vitae March to Life Save the Date

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: Claudia Tran

Vol. 51, No. 11 (November 7, 2016)

Indiana Law Annotated

No abstract provided.

Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

CERTIORARI FROM THE UTAH COURT OF APPEALS' FEBRUARY 25, 2016, RULING REVERSING THE FINAL DECISION OF THE HONORABLE SAMUEL D. MCVEY OF THE UTAH FOURTH JUDICIAL DISTRICT COURT

Muscle Memory And The Local Concentration Of Capital Punishment, Lee Kovarsky

Duke Law Journal

The modern death penalty is not just concentrating in a handful of practicing states; it is disappearing in all but a few capitally active localities. Capital-punishment concentration, however, still surfaces more as the subject of casual observation than as the object of sophisticated academic inquiry. Normative and doctrinal analyses of the phenomenon are virtually nonexistent, in part because the current ability to measure and report concentration is so limited.

This Article is the first attempt to measure capital-punishment concentration rigorously, by combining different sources of county-level data and by borrowing quantitative tools that economists use to study market competition. The …

Fiduciary Voters?, D. Theodore Rave

Duke Law Journal

What does the majority owe the minority when issues are put to a vote? This question is central to direct democracy, where voters bypass the legislature and enact law directly. Some scholars have argued that voters in direct democracy bear fiduciary-like duties because they act as representatives when casting their ballots. The Supreme Court, by contrast, has suggested that voters are not agents of the people and thus have no fiduciary obligation. By focusing on whether direct-democracy voters are representatives who bear duties, both sides have framed the issue incorrectly. They have imported a legal tool—fiduciary duty—from private law designed …

The Jurisdictional Difficulties Of Defining Charter-School Teachers Unions Under Current Labor Law, Amelia A. Degory

Duke Law Journal

As charter schools have flourished in form, they have also evolved in variety: parents can send their children to a trilingual immersion school or a school whose classes meet entirely online. The same flexibility that charters offer as an alternative to traditional public schools also makes them difficult to classify for purposes of labor law. When charter-school teachers form a union, it is not clear why the National Labor Relations Board (NLRB), and not a state labor analogue, should have jurisdiction over a charter-school labor dispute. And yet, the NLRB has asserted jurisdiction in most charter-school cases. This Note examines …

(In)Equitable Subrogation: The Federal Circuit’S Irrational And Unworkable Progress Payment Framework In Balboa, Will F. Hawkins

Duke Law Journal

American taxpayers spend more than $100 billion per year on federal construction projects. Yet massive construction delays, huge budget overruns, and unorganized contractors increase the cost of construction for the federal government. Passed in 1935, the Miller Act attempted to protect the federal government in the event that the contractor defaulted or was unable to complete the project. By requiring contractors to enlist third party “sureties” as guarantors on projects, the Miller Act provides the government with the assurance that another party will step in to complete projects if need be. Contractors are typically paid via periodic progress payments, with …

Journal Staff

Duke Law Journal

No abstract provided.

Ncaa Transfer Restraints: Free Agency For College Players?, Michael H. Leroy

Nebraska Law Bulletin (Selected Issues)

The National Collegiate Athletics Association (NCAA) rules mean that some student-athletes pay a big personal price for football program makeovers. The timing of coaching changes in football—usually occurring in late November or December—gives unwanted players little opportunity to transfer to a suitable academic program. These castoffs move on silently, often to worse situations. They must find new schools with openings that match their position, graduating class, and playmaking skills. Adding irony and insult, new coaches are sometimes hired for larger salaries than departing ones. Aside from the bad optics of running off players into academic and football uncertainty, the brew …

November 6, 2016: “Nobody Believes The Numbers Anyway", Bruce Ledewitz

Hallowed Secularism

Blog post, “Nobody Believes the Numbers Anyway“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo

Journal of Intellectual Property Law

No abstract provided.

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Journal of Intellectual Property Law

No abstract provided.

Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox

Journal of Intellectual Property Law

No abstract provided.

I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition

Journal of Intellectual Property Law

The Future of Music Coalition (FMC) has provided a voice in Washington, D.C. for musicians since 2000. One of our principal beliefs is that creation, both artistic and technological, is valuable and that artists deserve to be compensated for their work. The amount of this compensation and the mechanisms to facilitate payment are, of course, subject to contracts, market value, and other factors, some experimental or technological in nature. FMC also believes that music fans should be able to lawfully access the music they want without undue barriers or restrictions. Needless to say, finding the appropriate balance between creators' rights …

The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm

Journal of Intellectual Property Law

No abstract provided.

Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz

Journal of Intellectual Property Law

No abstract provided.

Copyright--My Story: A One-Woman Play, Corey Field

Journal of Intellectual Property Law

No abstract provided.

The Promise And Peril Of Collective Listening, Whitney Broussard

Journal of Intellectual Property Law

No abstract provided.

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.

Symposium Introduction, Bertis Downs

Journal of Intellectual Property Law

No abstract provided.

Table Of Contents, Vol. 17:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.

The Religious Freedom Waltz: Going Forward While Moving Back, Audra L. Savage

ConLawNOW

Although religious freedom has the distinction as the “first freedom,” it is not first in terms of protected rights. Religious freedom is under attack and if not shielded from potential threats, this quintessential American right may be lost altogether. Or at least, this is what U.S. law professors Andrew Koppelman and Steven D. Smith would have one believe, according to books each professor recently published. Unfortunately, they are not exaggerating. Volumes of articles and tomes have been written questioning, critiquing and criticizing (and lamenting, blasting and ridiculing) the decisions of the U.S. Supreme Court adjudicating the religion clauses of the …

Boyd Briefs - Nov. 4, 2016, 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.

Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo

Media Collection

No abstract provided.

Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici curiae are 14 professors of law who have devoted much of their teaching and research to the area of state taxes and the role of state tax policy in our federal system. The names and affiliations (for identification purposes only) of amici are included in an addendum to this brief. The amici are concerned with the effect of this Court’s dormant Commerce Clause jurisprudence on the development of fair and efficient state tax systems. No decision of this Court has had more effect on state sales and use tax systems than Quill Corporation v. North Dakota. We believe …