Law Commons^™

Administrative Narratives, Human Rights, And Public Ethics: The Detroit Water-Shutoff Case, Richard K. Ghere

Political Science Faculty Publications

This inquiry focuses specifically on administrative (local official) narratives that speak to contentious issue contexts of social conflict. Specifically, it draws upon a theoretical connection between hermeneutics and the sociology of knowledge to interpret narrative passages of local officials and others related to a contentious public action—the Detroit Water and Sewerage District’s stepped-up water-discontinuation efforts (2014 and 2015) that left thousands of inner-city residents with “delinquent” accounts and no access to water service. Selected narratives from this case are interpreted on the basis of their literary and social functions. The interpretations support a subsequent determination of whether and how the …

State Of Utah, Plaintiff/Appellee Vs. Larry Harmon, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

THIS APPEAL STEMS FROM A DISMISSAL OF A RULE 65B PETITION IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, BEFORE THE HONORABLE TODD M. SHAUGHNESSY

Guadalupe Y Llanitos De Los Correos, Glo No. 273, Monterey County, Diseños And Associated Historical Documents.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 …

The Design Debate: Star Athletica Llc V. Varsity Brands Inc., Kurt Sohn

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Fashion Designers have long been at odds with U.S. Lawmakers in regards to the protections given to their designs. This tension is rising to a head now that a writ for certiorari has been granted in part in the matter of Star Athletica LLC v. Varsity Brands Inc., whose Sixth Circuit decision seemingly opposes past decisions related to United States Copyright Law.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 11, 2016. The original post can be accessed via the Archived Link button above.

Recent Development: Craigslist And The Cfaa: The Untold Story, Clark S. Splichal

Florida Law Review

Part I of this Comment begins by tracking the CFAA’s evolution in the Ninth Circuit as applied in the internet realm. Part II examines the Nosal decision and whether the court properly applied it in Craigslist. Part II also examines the implications for web start-ups seeking to exploit existing, publicly available data if the Northern District eventually holds against 3Taps Inc. at trial or on summary judgment. Finally, Part III proposes a statutory solution that creates a safe harbor within the CFAA for users accessing public computer systems, effectively removing these defendants from the purview of the CFAA. This …

"Hands Up, Don't Shoot": Police Misconduct And The Need For Body Cameras, Iesha S. Nunes

Florida Law Review

The 2014 shooting of Michael Brown in Ferguson, Missouri is probably the most notable of the many recent cases in the media involving police officers' use of excessive force. After Officer Darren Wilson shot and killed Brown, varying accounts of what transpired between the two men surfaced. Officer Wilson claimed he was defending himself against Brown when he fired the fatal shots; however, other witnesses claimed Brown had his hands raised above his head in a position of surrender when Officer Wilson killed him. This case highlights the need for police officers to wear body cameras because the extremely different …

Big Data Blacklisting, Margaret Hu

Florida Law Review

“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …

Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practices Act, Peter R. Reilly

Florida Law Review

In 1977, the U.S. Securities and Exchange Commission (SEC) discovered that hundreds of U.S. companies had spent hundreds of millions of dollars in bribes to improve business overseas. In response, Congress passed the Foreign Corrupt Practices Act (FCPA), thereby making it illegal to bribe foreign officials to obtain a business advantage. A major tension has emerged between the federal agencies charged with enforcing the FCPA (i.e., the U.S. Department of Justice (DOJ) and the SEC), and the corporate entities trying to stay within the legal and regulatory bounds of the statute. Specifically, while the government appears to be trying to …

Clean Energy Federalism, Felix Mormann

Florida Law Review

Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and feed-in …

The Surprising History Of The Preponderance Standard Of Civil Proof, John Leubsdorf

Florida Law Review

Although much has been written on the history of the requirement of proof of crimes beyond a reasonable doubt, this is the first study to probe the history of its civil counterpart, proof by a preponderance of the evidence. It turns out that the criminal standard did not diverge from a preexisting civil standard, but vice versa. Only in the late eighteenth century, after lawyers and judges began speaking of proof beyond a reasonable doubt, did references to the preponderance standard begin to appear. Moreover, U.S. judges did not start to instruct juries about the preponderance standard until the mid-nineteenth …

Internet Payment Blockades, Annemarie Bridy

Florida Law Review

Internet payment blockades are an attempt to enforce intellectual property rights by “following the money” that flows to online merchants who profit from piracy and counterfeiting. Where corporate copyright and trademark owners failed in the legislature and the judiciary to create binding public law requiring payment processors like MasterCard and Visa to act as intellectual property enforcers, “non-regulatory” intervention from the executive branch secured their cooperation as a matter of private ordering. The resulting voluntary best practices agreement prescribes a notice-and-termination protocol that extends the reach of U.S. intellectual property law into cyberspace, to merchants operating “foreign infringing sites.” It …

Because, The Internet: The Limits Of Online Campaign Finance Disclosure, Vitaliy Kats

Florida Law Review

During the 2011–2012 election cycle, Shaun McCutcheon contributed $33,088 to sixteen different candidates for federal office. McCutcheon’s donations complied with the base limits the Federal Election Commission (FEC) set for contributions to individual candidates.McCutcheon wanted to contribute more but was barred by the FEC’s aggregate limit on contributions.In June of 2012, McCutcheon and the Republication National Committee (RNC) filed a complaint before a three-judge panel of the U.S. District Court for the District of Columbia. McCutcheon and the RNC claimed that the aggregate limits on contributions to candidates and political committees were unconstitutional under the First Amendment.The three-judge panel granted …

Class Actions Removability And The Changing Business Of The Supreme Court: Dart Cherokee Basin Operating Co. V. Owens, Stephen Carr

Florida Law Review

This Comment seeks to explain the strange turn of events leading to these unusual alliances and to suggest that Dart provides an important window into the way the Court manipulates its certiorari jurisdiction to achieve substantive policy ends. It is not surprising that the Court stretched its certiorari jurisdiction (or at least failed to do its due diligence) in granting certiorari in a decision denying federal court access to a class action. The Court has gone out of its way in recent years to expand federal jurisdiction over class actions while simultaneously trying to defang the class action device. Although …

Intervention In The Tax Court And The Appellate Review Of Tax Court Procedural Decisions, Cole Barnett, Christopher Weeg

Florida Law Review

Part I of this Comment briefly summarizes the pertinent facts of Huff. Part II surveys the current circuit split on intervention in Tax Court proceedings. Part III analyzes the proper standard for review of the USVI’s motion to intervene under FRCP 24(a)(2), as well as the proper standard regarding all appellate review of Tax Court procedural decisions—a discussion that is largely absent from both scholarly works and court opinions. This Comment concludes in Part III with a critique of the Huff court’s FRCP 24(a)(2) analysis.

Docs V. Glocks: Speech, Guns, Discrimination, And Privacy—Is Anyone Winning?, Marla Spector Bowman

Florida Law Review

Americans discuss some of the most intimate details of their lives within the small confines of their neighborhood doctor's office. Many Americans, however, may be taken aback if their physician asked them whether they owned a firearm during a routine physical examination. Although most Americans might not consider firearms education to be their physician's primary purpose, a significant number of doctors in Florida, and throughout the medical community, consider promoting firearms safety a part of practicing preventative medicine.

When a group of Florida legislators saw this behavior as a threat to the Second Amendment, gun owner access to healthcare, and …

Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner

Florida Law Review

Attorney bargaining has traditionally taken place in the shadow of trial as litigants adjust tactics—and their inclination to negotiate a settlement—based on their forecast of the outcome of a trial and its associated costs. Lawyers bargaining on the verge of trial have traditionally relied on their intuition, knowledge of precedent, and previous interactions with the presiding judge and opposing counsel to forecast trial outcomes and litigation costs. Today, however, technology that leverages legal data is moving the practice of law into the shadow of the trends and patterns apparent in aggregated litigation data. This Article describes the tools that facilitate …

State Not Required To Provide Counsel On Appeal To Supreme Court

The Catholic Lawyer

No abstract provided.

First Conviction Under New York Barratry Statute

The Catholic Lawyer

No abstract provided.

"Allen Charge" Used In Absence Of Deadlocked Jury

The Catholic Lawyer

No abstract provided.

Constitutional Right Of Confrontation Applied To States

The Catholic Lawyer

No abstract provided.

The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.

Hypnosis And Criminal Behavior, John B. Murray, C.M.

The Catholic Lawyer

No abstract provided.

Morality In Race Relations, Joseph T. Leonard, S.S.J.

The Catholic Lawyer

No abstract provided.

Morality In Legal Practice, Rev. William F. Cahill

The Catholic Lawyer

No abstract provided.

College Education Held A "Necessary" In Alimony Decree

The Catholic Lawyer

No abstract provided.

Homosexuality - A New Ground For Annulment?

The Catholic Lawyer

No abstract provided.

Gambling Contract Not Violative Of Public Policy

The Catholic Lawyer

No abstract provided.

Ordinance Allowing Search Without A Warrant Held Invalid

The Catholic Lawyer

No abstract provided.

Comment: The Attorney's Dilemma - Practice Of Law In A Foreign State

The Catholic Lawyer

No abstract provided.

Note: Separation Agreements And New York Public Policy

The Catholic Lawyer

No abstract provided.