Law Commons^™

"Come Now Let Us Reason Together": Restoring Religious Freedom In America And Abroad, John Witte Jr, Joel A. Nichols

Notre Dame Law Review

American religious freedom used to be “taken for granted.” It’s now “up

for grabs.” So writes distinguished religious liberty scholar Paul Horwitz.

Until a generation ago, the opposite was true.

So matters stood a generation ago. But in the ensuing years, these special

legislative protections of religious freedom have come under increasing

attack.

Singled Out, Michael Pappas

Maryland Law Review

David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?

Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.

However, courts and scholars have yet to critically examine the concept of singling-out, and …

Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, Kyle J. Maury

Notre Dame Law Review

Body camera implementation remains in its infancy stage. As such,

there is a dearth of legal scholarship analyzing the policy considerations associated

with body cameras. Instead of raising the issues involved and assessing

arguments for and against implementation, this Note assumes body cameras

are a force for good and are here to stay for the long haul. Consequently, the

goal of this Note is to analyze various issues involved in administering body

cameras against a backdrop of recently enacted state legislation—focusing

specifically on the tension between protecting privacy interests while also

ensuring public access to recordings. This Note examines these …

The Bill Of Rights As A Term Of Art, Gerard N. Magliocca

Notre Dame Law Review

This Article argues that the use of the “Bill of Rights” to describe the first

set of constitutional amendments emerged long after the Founding as a justification

for expanding federal power at home and abroad. In making that

claim, I challenge two common misconceptions about the Bill of Rights. One

is that the first set of amendments was known by that name from the start.

This is not true. James Madison never said that what was ratified in 1791 was

a bill of rights, and that label was not widely used for those provisions until

after 1900. The second fallacy …

One Federalism And The Judicial Role: Enforcing The Limits Of Article I, Alexa R. Baltes

Notre Dame Law Review

Part I of this Note offers a brief account of the two main theories of

federalism protection: the political safeguards (or process federalism) and

judicial review. Part II then suggests a dual-safeguards approach as the single

constitutionally grounded theory, and proceeds to situate the procedural

safeguards and, importantly, judicial review, in the history, text, and structure

of the Constitution. Next, delving into the Court’s New Federalism line of

decisions, Part III analyzes the implications for these two constitutionally

grounded safeguards to deduce the proper framework for their respective

applications. It suggests that while political safeguards may be conceived in

terms …

The Logic Of Contract In The World Of Investment Treaties, Julian Arato

Faculty Scholarship

No abstract provided.

1927 And 1928, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

1923 And 1924, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

1925 And 1926, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

1921 And 1922, State Board Of Equalization Report

California Board of Equalization Reports

Written report concerning activities of Board of Equalization and statistical tables specific to California agricultural, livestock and viticulture for each county. (To view complete report containing all statistical tables, see URL: https://catalog.hathitrust.org/Record/100187327 or https://catalog.hathitrust.org/Record/007150404.)

The New Normal For Educating Lawyer, Nicola A. Boothe-Perry

Brigham Young University Journal of Public Law

No abstract provided.

The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen

Brigham Young University Journal of Public Law

No abstract provided.

Making The Premises About Constitutional Meaning Express: The New Originalism And Its Critics, Andre Leduc

Brigham Young University Journal of Public Law

No abstract provided.

The Principle Of Subsidiarity And The Law Of The Family Business, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.

Assessing The History Of Exaggerated Estimates Of The Number Of Children Being Raised By Same-Sex Parents As Reported In Both Legal And Social Science Sources, Walter R. Schumm, Martin Seay, Keondria Mcclish, Keisha Clark, Abdulla Asiri, Nadyah Abdullah, Shuyi Huang

Brigham Young University Journal of Public Law

No abstract provided.

We Believe In Being Honest: Dependency Exemptions For Lds Missionaries, Annalee Hickman Moser

Brigham Young University Journal of Public Law

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

The Impact Of Obergefell: Traditional Marriage's New Lease On Life, David Pimentel

Brigham Young University Journal of Public Law

No abstract provided.

Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders

Brigham Young University Journal of Public Law

No abstract provided.

Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner

Articles

No abstract provided.

Bankruptcy's Endowment Effect, Anthony Casey

Articles

No abstract provided.

Plea Bargaining And Prosecutorial Motives, Charlie Gerstein

The University of New Hampshire Law Review

This Article argues that the structure of the plea-bargaining system—which the Supreme Court recently recognized “is the criminal justice system”—hinges on something previously unappreciated by scholars and unaddressed in criminal procedure doctrine: prosecutors’ motives. This Article addresses that problem by studying the prosecutor’s disclosure obligations when defendants plead guilty. Courts and commentators have been divided for years over whether Brady v. Maryland applies when defendants plead guilty. But the current split blinds us to more important, and more vexing, aspects of the problem. The fact is, there already is a disclosure obligation, albeit a hidden one. Armed with an …

The Results Of Deliberation, Maggie Wittlin

The University of New Hampshire Law Review

When evaluating whether to sue, prosecute, settle, or plead, trial lawyers must predict the future—they need to estimate how likely they are to win a given case in a given jurisdiction. Social scientists have used mock juror studies to produce a vast body of literature showing how different variables influence juror decision making. But few of these studies account for jury deliberation, so they present an impoverished picture of how these effects play out in trials and are of limited usefulness.

This Article helps lawyers better predict the future by presenting a novel computer model that extrapolates findings about jurors …

The Compatibility Of Forward-Looking And Backward-Looking Accounts Of Tort Law, Michael Pressman

The University of New Hampshire Law Review

This Article is the first to argue that forward-looking and backward-looking accounts of tort law are intrinsically compatible with one another. This theoretical point is of great importance and will bring about a paradigm shift in tort theory—and, more generally, in legal theory. This is because the long-standing debate between corrective justice theorists and economic theorists about the purpose of tort law (with active participants including Posner, Calabresi, Coleman, Weinrib, Rawls, and countless others) is based on the universal assumption that forward-looking and backward-looking accounts of tort law are incompatible. This assumption, however, is false, and this Article explains why …

Masthead, Volume 15, Number 1, 2016, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume 15, Issue Number One.

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

The University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …

Taking Stock: Why The Supreme Court’S Decision To Apply The Market-Value Standard In Horne Ii Further Complicates The Just Compensation Requirement, Greg Seidner

The University of New Hampshire Law Review

The Fifth Amendment’s Takings Clause does not prevent the federal (or a state) government from taking private property. It merely sets as a condition that the government pay the owner “just compensation” for the taking. Precisely what constitutes just compensation, however, is a tricky matter. One method for determining just compensation is the “market-value” method, which requires the government to pay the owner the property’s market value. But where a taking is only partial, that is, where the government takes only a portion of private property, the property that remains with the owner may see an increase or decrease in …

Punishing Sexual Fantasy, Andrew Gilden

William & Mary Law Review

The Internet has created unprecedented opportunities for adults and teenagers to explore their sexual identities, but it has also created new ways for the law to monitor and punish a diverse range of taboo sexual communication. A young mother loses custody of her two children due to sexually explicit Facebook conversations. A teenager is prosecuted for child pornography crimes after sending a naked selfie to her teenage boyfriend. An NYPD officer is convicted for conspiracy to kidnap several women based on conversations he had on a “dark fetish” fantasy website. In each of these cases, online sexual exploration and fantasy …

Coercive Insurance And The Soul Of Tort Law, Alexander Lemann

Faculty Publications

Scholars have long accepted the idea that there are alternatives to the tort system, particularly insurance, that are better at compensating victims than tort law. Tort law remains necessary, it has been assumed, because insurance lacks the ability to deter conduct that causes harm, and indeed it sometimes creates a moral hazard that increases incentives to engage in risky conduct. Scholars of insurance law, however, have observed that insurance has at its disposal a variety of tools that can help deter risky conduct. Recent technological developments lend dramatic support to this account. New telematics devices being used in automobiles can …

(In)Valid Patents, Paul Gugliuzza

Faculty Scholarship

Increasingly, accused infringers challenge a patent’s validity in two different forums: in litigation in federal court and in post-issuance review at the Patent and Trademark Office (PTO). These parallel proceedings have produced conflicting and controversial results. For example, in one recent case, a district court rejected a challenge to a patent’s validity and awarded millions of dollars in damages for infringement. The Federal Circuit initially affirmed those rulings, ending the litigation over the patent’s validity. In a subsequent appeal about royalties owed by the infringer, however, the Federal Circuit vacated the entire judgment — including the validity ruling and damages …