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2016

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Full-Text Articles in Law

Mississippi V. Tennessee: Resolving An Interstate Groundwater Dispute, Peter G. Berris Oct 2016

Mississippi V. Tennessee: Resolving An Interstate Groundwater Dispute, Peter G. Berris

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary explores the legal background and potential ramifications of Mississippi v. Tennessee: an original jurisdiction case involving a dispute over aquifer groundwater. Although the Supreme Court has addressed water disputes between states in the past, Mississippi v. Tennessee is the first such case to center exclusively on groundwater. As a result the Court has the opportunity to resolve a question of great relevance in an era where access to water is a recurring news story; is aquifer groundwater an interstate resource subject to equitable apportionment, or an intrastate resource subject to state sovereign ownership.


1881 And 1891, State Board Of Equalization Report Oct 2016

1881 And 1891, 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.)


1887 And 1888, State Board Of Equalization Report Oct 2016

1887 And 1888, State Board Of Equalization Report

California Board of Equalization Reports

Description: 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.)


Bowman V. State, 132 Nev. Adv. Op. 74 (Oct. 27, 2016), Marco Luna Oct 2016

Bowman V. State, 132 Nev. Adv. Op. 74 (Oct. 27, 2016), Marco Luna

Nevada Supreme Court Summaries

A district court's failure to provide a jury instruction prohibiting jurors from conducting independent research, investigations, or experiments in any criminal or civil case constitutes error. Though likely harmless, the resulting prejudice may constitute reversible error.


Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau Wa Mutua Oct 2016

Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau Wa Mutua

Contributions to Books

Published as Chapter 3 in Africa and the ICC: Perceptions of Justice, Kamari M. Clarke, Abel S. Knottnerus, & Eefje de Volder, eds.


How Mature Capitalism Turns Pollution Into Diamonds: Malagnogenesis And The Reverse-Engineering Of Harm Into Risk, Kevin P. Martyn Oct 2016

How Mature Capitalism Turns Pollution Into Diamonds: Malagnogenesis And The Reverse-Engineering Of Harm Into Risk, Kevin P. Martyn

USF Tampa Graduate Theses and Dissertations

In recent years, there has been a great deal of debate about the pervasiveness and persistence of neoliberal thinking. In the context of the post-2008 ‘great recession’ the resilience of neoliberalism is particularly confounding. To begin to unravel the ways in which neoliberalism is situated relative to risk, this study identifies an increasingly important neoliberal knowledge practice: malagnogenesis. Malagnogenesis is proposed herein as the production of ignorance that normalizes harm for and amongst marginalized populations. To shed light on the phenomena of malagnogenesis, this study investigated the history of leaded gasoline in the U.S. To that end, I …


Copyrights From A Child's Perspective, Monica Vining Oct 2016

Copyrights From A Child's Perspective, Monica Vining

Journal of Intellectual Property Law

No abstract provided.


Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley Oct 2016

Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley

Journal of Intellectual Property Law

No abstract provided.


"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid Oct 2016

"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid

Journal of Intellectual Property Law

No abstract provided.


Justice Between Authors, Dawn C. Nunziato Oct 2016

Justice Between Authors, Dawn C. Nunziato

Journal of Intellectual Property Law

Traditionally, authors' copyright rights have been limited in order to promote the progress of science and the useful arts. However, authors today are increasingly employing additional protective measures that arguably are not subject to such limitations. Even if such extra-copyright measures are not limited like copyright protections, several principles underlying the copyright regime support imposing such limits on authors' rights. In this Article, based upon John Rawls's theory of justice as fairness, I develop a theory of justice between generations of authors. This theory requires that the rights of each generation of authors be limited for the benefit of subsequent …


Table Of Contents, Vol 9:2, Journal Of Intellectual Property Law Oct 2016

Table Of Contents, Vol 9:2, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


140 Characters Or Less: A Look At Morals Clauses In Athlete Endorsement Agreements, Lauren Rosenbaum Oct 2016

140 Characters Or Less: A Look At Morals Clauses In Athlete Endorsement Agreements, Lauren Rosenbaum

DePaul Journal of Sports Law

No abstract provided.


From The Octagon To The Courtroom: The Right To Fight, Subaltern, Cosmopolitanism, And Public Interest Litigation As A Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross Oct 2016

From The Octagon To The Courtroom: The Right To Fight, Subaltern, Cosmopolitanism, And Public Interest Litigation As A Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross

DePaul Journal of Sports Law

No abstract provided.


The No-Fantasy League: Why The National Football League Should Ban Its Players From Managing Personal Fantasy Football Teams, Michael B. Engle Oct 2016

The No-Fantasy League: Why The National Football League Should Ban Its Players From Managing Personal Fantasy Football Teams, Michael B. Engle

DePaul Journal of Sports Law

No abstract provided.


Running With The Law: Copyright And Trademark Issues Every Race Director Must Consider, John Carl Zwisler Oct 2016

Running With The Law: Copyright And Trademark Issues Every Race Director Must Consider, John Carl Zwisler

DePaul Journal of Sports Law

No abstract provided.


Northwestern's Football Players: Unified Team Or Unionized Regime? An Analysis On The Collective Bargaining Rights Of Student-Athletes, Kassie Lee Richbourg Oct 2016

Northwestern's Football Players: Unified Team Or Unionized Regime? An Analysis On The Collective Bargaining Rights Of Student-Athletes, Kassie Lee Richbourg

DePaul Journal of Sports Law

No abstract provided.


Table Of Contents Oct 2016

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.


James Meadows, Diseños Glo No. 284, Monterey County, Diseños And Associated Historical Documents. Oct 2016

James Meadows, Diseños Glo No. 284, Monterey County, Diseños And Associated Historical Documents.

Monterey County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …


Finding The Public Domain: The Copyright Review Management System, Melissa Levine Oct 2016

Finding The Public Domain: The Copyright Review Management System, Melissa Levine

Copyright, Fair Use, Scholarly Communication, etc.

Historically, copyright review has been uncoordinated and has taken place on a modest scale. The Copyright Review Management System (CRMS) changes that. 1 CRMS was supported by the Institute of Museum and Library Services over three National Leadership Grants. It was led by the University of Michigan in collaboration with 19 other highly dedicated research libraries. Together, we developed a system to train and coordinate reviewers to assess the copyright status of digitized books held in the HathiTrust Digital Library. Over the course of the three interrelated grants that make up the CRMS project, we developed expertise in managing a …


A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski Oct 2016

A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski

Washington and Lee Law Review Online

This term, the Supreme Court will consider Fry v. Napoleon Community Schools. Fry implicates a circuit split on the proper scope of the exhaustion requirement in 20 U.S.C. § 1415(l) of the Individuals with Disabilities Education Act (IDEA). That section requires parents of students with disabilities to exhaust state administrative remedies “before the filing of a civil action . . . seeking relief that is also available under” the IDEA. Two different approaches to this requirement have emerged among the courts of appeals: an “injury-centered” approach and a “relief-centered” approach. Under the injury-centered approach, exhaustion is required when a …


State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court Oct 2016

State Of Utah, Plaintiff/Respondent, Vs. Desean Michael Goins, Defendant/Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appendix to Brief on Certiorari to the Utah Court of Appeals


Free Speech Implications Of Apple’S Patent For Infrared Tech That Can Remotely Disable Video And Photo Recording, David Forrest Oct 2016

Free Speech Implications Of Apple’S Patent For Infrared Tech That Can Remotely Disable Video And Photo Recording, David Forrest

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Apple is accustomed to being a controversial pioneer in the tech world. Yet, a patent it was recently awarded is garnering more than the usual interest, and not for positive reasons. The patent entitled “[s]ystems and methods for receiving infrared data with a camera designed to detect images based on visible light,” essentially discloses a method for a smartphone’s camera to receive data over infrared waves that could alter the functionality of an iPhone. The patent drawing sheets suggest that the technology be used to disable photography and video capture at live concerts and theater events. A theater or concert …


Fix Me Baby One More Time: A Permanent Solution For Day Cares, Angela C. Oldham Oct 2016

Fix Me Baby One More Time: A Permanent Solution For Day Cares, Angela C. Oldham

DePaul Law Review

No abstract provided.


Where Are Your Papers?: The Fourth Amendment, The Stored Communications Act, The Third-Party Doctrine, The Cloud, And Encryption, Wei Chen Lin Oct 2016

Where Are Your Papers?: The Fourth Amendment, The Stored Communications Act, The Third-Party Doctrine, The Cloud, And Encryption, Wei Chen Lin

DePaul Law Review

No abstract provided.


They Did It Before, They Must Have Done It Again; The Seventh Circuit's Propensity To Use A New Analysis Of 404(B) Evidence, Antonia M. Kopec Oct 2016

They Did It Before, They Must Have Done It Again; The Seventh Circuit's Propensity To Use A New Analysis Of 404(B) Evidence, Antonia M. Kopec

DePaul Law Review

No abstract provided.


The False Promise Of Custody In Domestic Violence Protection Orders, Laurie S. Kohn Oct 2016

The False Promise Of Custody In Domestic Violence Protection Orders, Laurie S. Kohn

DePaul Law Review

No abstract provided.


An Empirical Critique Of Jcar And The Legislative Veto In Illinois, Marc D. Falkoff Oct 2016

An Empirical Critique Of Jcar And The Legislative Veto In Illinois, Marc D. Falkoff

DePaul Law Review

No abstract provided.


Lgbt Rights And The Mini Rfra: A Return To Separate But Equal, Terri R. Day, Danielle Weatherby Oct 2016

Lgbt Rights And The Mini Rfra: A Return To Separate But Equal, Terri R. Day, Danielle Weatherby

DePaul Law Review

No abstract provided.


Table Of Contents Oct 2016

Table Of Contents

DePaul Law Review

No abstract provided.


The Common Carrier Barrier: An Analysis Of Standard Of Care Requirements, Insurance Policies, And Liability Regulations For Ride-Sharing Companies, Riebana Sachs Oct 2016

The Common Carrier Barrier: An Analysis Of Standard Of Care Requirements, Insurance Policies, And Liability Regulations For Ride-Sharing Companies, Riebana Sachs

DePaul Law Review

No abstract provided.