Law Commons^™

Eagle Mountain City, Plaintiff/ Appellant, Vs. Parsons Kinghorn. & Harris, P.C., Defendant/ Appellee. Parsons Kinghorn & Harris, P.C., Third-Party Plaintiff, Vs. Williams & Hunt, P.C., Third-Party Defendants., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, JUDGE JAMES BRADY

Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs

Law Faculty Presentations and Testimony

The presentation introduced current research showing correlation between grit, growth mindset, and success in varied disciplines, then suggested several means for improving grit. Attendees discussed several problems that a young lawyer might experience and considered how grit and growth mindset might affect the lawyer's response to the problem.

Newsroom: The Legal Impact Of Marine Debris 10-21-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The D.C. Circuit’S En Banc Decision In Bahlul: Sui Generis Or Guidance For Future Military Commissions?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

October 20, 2016: Why Tolerate Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Tolerate Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rechazos Fundamentales De La Doctina De Roe V. Wade, Richard Stith

Law Faculty Publications

No abstract provided.

The Ftc’S Pae Study: Doing More Harm Than Good, Kristen Jakobsen Osenga

Law Faculty Publications

Recently, the Federal Trade Commission (FTC) released a report of its study of patent assertion entities (PAEs). The report was long anticipated and could have gone a long way to shining some light on patent licensing firms – who they are, how they operate, and so on. After all, patent licensing firms are misunderstood, partially because so much of their activity is not visible to the public. In theory, because the FTC has the power to obtain this invisible information, the study could have provided the data and insight needed to better understand these firms and improve the policy dialogue …

What Student Protests Reveal About South Africa’S Young Future Leaders, Penelope Andrews

Other Publications

No abstract provided.

Making Music Accessible: Closed Captions In Light Of California Court Ruling On The Duties Of Film Studios, Arielle Vishny

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Is it unreasonable for deaf moviegoers to expect that song lyrics might be included in film captions and subtitles? On Wednesday, September 28, 2016, a California District court found that it was, when it granted summary judgment to a group of movie studios named in a class action lawsuit filed by the Alexander Graham Bell Association (“the Association”) for the Deaf and Hard of Hearing. The Association filed the claim on the grounds that the studios’ distribution of their works with less-than-complete captions amounted to false advertising and a civil rights violation against the hard of hearing. The court found …

La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith

Law Faculty Publications

No abstract provided.

Outfront :Media, Llc, Fka . Cbs Outdoor, Plaintiff And Appellant, V. Salt Lake City Corporation; Corner Property, L.C., And Utah Outdoor Advertising, Inc., Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF Appeal No. 20160150 Civil No. 160900413

Process Without Procedure: National Security Letters And First Amendment Rights, Hannah Bloch-Wehba

Faculty Scholarship

Each year, the FBI uses tens of thousands of NSLs to obtain “transactional records” related to telephone calls, emails, text messages, online forums, and other communicative activity. NSLs are usually accompanied by nondisclosure orders that prevent recipients from speaking about or acknowledging the requests. Although over 100,000 NSLs have been issued since 2001, there have been fewer than 10 known judicial challenges.

I argue that the absence of procedural safeguards within the NSL authority has created a de facto regime of automatic compliance with the requests, endangering First Amendment rights in the process. NSLs are explicitly directed at uncovering the …

Rancho Mission Carmelo (Church Property) , Glo No. 281, Monterey County, Diseños Map And Associated Historical Documents For .

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 …

Rancho Mission San Antonio (Church Property), Glo No. 308, Monterey County, Diseños Map 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 …

Rancho Milpitas (Pastor), Glo No. 307, Monterey County, Diseños Map 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 …

Cover

Louisiana Law Review

No abstract provided.

Masthead

Louisiana Law Review

No abstract provided.

Faculty

Louisiana Law Review

No abstract provided.

Awards

Louisiana Law Review

No abstract provided.

The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle

Louisiana Law Review

The article examines the laws concerning juvenile dispositions and sentences responsible for accountability, victim restoration, and retribution in the U.S. It reports that the U.S. Supreme Court has issued a number of opinions emphasizing that the U.S. Constitution's Eighth Amendment requires that the punishment of children must account for their lesser moral culpability, developmental immaturity, and potential for rehabilitation.

Cell Phone Location Tracking: Reforming The Standard To Reflect Modern Privacy Expectations, Shannon Jaeckel

Louisiana Law Review

The article examines the history of cell site location information (CSLI) technology and the relevant federal statutes. Topics discussed include mechanics and content of CSLI data; advances in CSLI technology and the importance of this information to law enforcement; and need of Louisiana legislature be proactive in adopting a comprehensive CSLI.

Incomplete Sentences: Hobby Lobby’S Corporate Religious Rights, The Criminally Culpable Corporate Soul, And The Case For Greater Alignment Of Organizational And Individual Sentencing, Kenya J.H. Smith

Louisiana Law Review

The article explores the history and policies that explain the disparate sentencing treatment of organizations and individuals under the Sentencing Reform Act of 1984 and attendant sentencing guidelines. It reports the Supreme Court's recognition of a business corporation's religious rights in the case "Burwell v. Hobby Lobby Stores, Inc."

The Road To Understanding The Confrontation Clause: Ohio V. Clark Makes A U-Turn, Julien Petit

Louisiana Law Review

The article discusses the Confrontation Clause and summarizes the state of the law before the U.S. Supreme Court's decision in the case "Ohio v. Clark." Topics discussed include problems that the decision caused and how these problems affect the admissibility of statements into evidence; and ways in which use of Confrontation Clause teat can eliminate confusion related to issue.

Volume 90, Issue 4 (2016)

Obiter Dicta

No abstract provided.

Table Of Contents

Louisiana Law Review

No abstract provided.

Slavery Under The Thirteenth Amendment: Race And The Law Of Crime And Punishment In The Post-Civil War South, Peter Wallenstein

Louisiana Law Review

The article discusses how the Thirteenth Amendment of the U.S. Constitution expressly permitted a recurrence of slavery, provided only that such enslavement constitutes a punishment for violating a criminal statute. It reports new forms of slavery that spread across the South in ways more or less consistent with the language of the Thirteenth Amendment.

Restitution And The Excessive Fines Clause, Kevin Bennardo

Louisiana Law Review

The article offers solutions to further the conversation regarding the U.S. constitution's Eighth Amendment's limits on restitution. Topics discussed include application of Excessive Fines Clause; the case law interpreting the Excessive Fines Clause of the Eighth Amendment; and ways in which Excessive Fines Clause should be applied to restitution in criminal cases.

The Lack Of Money Is The Root Of All Evil: Louisiana’S Ban On Bail Without Surety, Gabriel Loupe

Louisiana Law Review

The article presents a historical overview of bail and due process of law in Louisiana. Topics discussed include the Louisiana Code of Criminal Procedure article 334.4 imposes a ban on judges releasing defendants; constitutionality of Article 334.4; and laws aimed to prevent violation of procedural due process, equal protection, and the excessive bail clauses of the Louisiana.

By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials

Louisiana Law Review

The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'

Scotus To Determine If “The Slants” Is Offensive To Asians, Brittany Waserstein

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On September 29, 2016, the U.S. Supreme Court decided to revisit a controversial issue surrounding the federal government’s ban on offensive trademarks, specifically whether this ban violates free speech under the First Amendment of the United States Constitution. The Federal Circuit ruled on December 22, 2015 that the seventy-year old disparagement clause of the Lanham Act (quoted below) was in fact unconstitutional since the First Amendment forbids the government from banning offensive speech. At issue here is the desire for an Asian-American Rock Band from Portland, Oregon to trademark the name of their band, THE SLANTS, for “Entertainment in the …