Law Commons^™

An Active Learning Approach To Teaching Tough Topics In Law School, Susan Gilles, Cynthia Ho, Angela Upchurch

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

The classic image of the Law School classroom is "Professor Kingsfield's" at the podium using the Socratic Method to interrogate quivering law students. This article advocates the incorporation of new methods: we argue that an integrated and interactive approach to teaching and learning legal topics is beneficial for law students and law professors alike. Although the article focuses on personal jurisdiction, the lessons here can apply to a tough topic in any course. The article begins by explaining why personal jurisdiction is difficult, as well as theory and data on traditional studying versus how to promote optimal learning. The article …

The Mascot Manifesto, Zachary S. O'Driscoll

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

My law review article analyzes the constitutionality of the Lanham Act, a federal trademark statute. Under the Lanham Act, trademark owners are prohibited from registering trademarks that may be considered ''disparaging'' or ''scandalous'' to others. However, what is considered ''disparaging'' or ''scandalous'' is determined under a subjective standard. What is offensive to one trademark examiner for purposes of registering a trademark may not be offensive to another. Today, the Washington Redskins, a professional football franchise, finds themselves at the heart of the Lanham Act controversy. But underlying this trademark litigation is a deeper concern: whether the Lanham Act itself is …

Adult Patient Compelled To Take Blood Transfusion Contrary To Religious Belief

The Catholic Lawyer

No abstract provided.

Appearance By Both Parties Held Insufficient To Validate Mexican Divorce Decree

The Catholic Lawyer

No abstract provided.

Expatriation Of Naturalized Citizen Held Discriminatory And Unconstitutional

The Catholic Lawyer

No abstract provided.

Note: Legal Recognition Of The Battered-Child Syndrome

The Catholic Lawyer

No abstract provided.

Drafting Charitable Bequests - Estate Tax Considerations, Lawrence X. Cusack

The Catholic Lawyer

No abstract provided.

Lay Attorneys In Canonical Marriage Cases, Rt. Rev. Marion J. Reinhardt

The Catholic Lawyer

No abstract provided.

The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball

The Catholic Lawyer

No abstract provided.

Let Us Pray - An Amendment To The Constitution, Charles E. Rice

The Catholic Lawyer

No abstract provided.

Harvard Report: One Step Closer To Low-Risk Oa Orphan Works?, Jennifer Dixon

Staff Publications

No abstract provided.

Geolocation, Geoblocking, And Private International Law, Marketa Trimble

Boyd Briefs / Road Scholars

Prof. Marketa Trimble delivered her lecture Geolocation, Geoblocking and Private International Law on October 6, 2016 to students attending the Law School of Masaryk University in the Czech Republic.

Boyd Briefs - Oct. 6, 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.

Brief For Amici Curiae Fred T. Korematsu Center For Law And Equality, Anti-Defamation League, Asian Americans Advancing Justice, Asian American Bar Association Of New York, Asian American Legal Defense And Education Fund, Hispanic National Bar Association, Latinojustice Prldef Inc., Metropolitan Black Bar Association, Naacp Legal Defense & Education Fund, Inc., National Asian Pacific American Bar Association, National Asian Pacific American Women's Forum, National Bar Association, National Native American Bar Association, Society Of American Law Teachers, Inc., South Asian Bar Association Of New York, South Asian Bar Association Of North America, And Law Professors In Support Of Defendant-Apellant, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

People v. Joseph Bridgeforth

Forty Years Of Death: The Past, Present, And Future Of The Death Penalty In South Carolina (Still Arbitrary After All These Years), John H. Blume, Lindsey S. Vann

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Challenges Of “Improving” The Modern Death Penalty, Douglas A. Berman

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Empirical Analysis And The Fate Of Capital Punishment, John J. Donohue

Duke Journal of Constitutional Law & Public Policy

In his dissenting opinion in Glossip v. Gross, Justice Breyer attempted to give content to the Supreme Court’s prior command in Atkins v. Virginia that unless the imposition of the death penalty “measurably contributes to one or both of [the legitimate penological goals of deterrence and retribution], it ‘is nothing more than the purposeless and needless imposition of pain and suffering,’ and hence an unconstitutional punishment.” Justice Breyer’s opinion illuminates the central role that empirical studies have played in death penalty litigation since Furman v. Georgia on issues ranging from the lack of deterrence associated with the death …

The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Geographic Distribution Of Us Executions, Frank R. Baumgartner, Woody Gram, Kaneesha R. Johnson, Arvind Krishnamurthy, Colin P. Wilson

Duke Journal of Constitutional Law & Public Policy

We review statistical patterns of the geographic distribution of US executions, compare them to homicides, and demonstrate extremely high degrees of concentration of executions in the modern period compared to previous historical periods. We further show that this unprecedented level of concentration has been increasing over the past 20 years. We demonstrate that it is virtually uncorrelated with factors related to homicides. Finally, we show that it corresponds to a statistical distribution associated with “self-reinforcing” processes: a power-law or exponential distribution.

These findings stand whether we look at individual counties within death-penalty states, across the 50 states of the United …

Un-Gregg-Ulated: Capital Charging And The Missing Mandate Of Gregg V. Georgia, Sherod Thaxton

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Trending @ Rwu Law: Jillian Jagling '09'S Post: Celebrating The Annual Alumni Weekend: October 6, 2016, Jillian Jagling

Law School Blogs

No abstract provided.

The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko

Santa Clara High Technology Law Journal

The Internet of Things: Where Privacy and Copyright Collide

A Genre Theory Of Copyright, Omri Rachum-Twaig

Santa Clara High Technology Law Journal

A Genre Theory of Copyright

Garth Gines Appellant/Plaintiff, V. Sean Edwards, Appellee/Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT FOR PROVO, STATE OF UTAH HONORABLE DEREK PULLAN

Kylee J. Sandusky, Petitioner/ Appellee V. George A. Sandusky Respondent/ Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF Sillv.fMIT COUNTY, UTAH, HON. KARA L. PETTIT

Treatment As An Individual And The Priority Of Persons Over Groups In Antidiscrimination Law, Patrick S. Shin

Suffolk University Law School Faculty Works

The Supreme Court has said that the Equal Protection Clause of the Constitution and Title VII’s prohibition of discrimination require that all persons be treated as individuals and that the laws operate primarily to protect “persons, not groups.” This article shows that the legal requirement of individual treatment has two distinct components: a rule invalidating inferences about persons based on their membership in protected groups and a rule prohibiting disparate treatment for the sake of group interests or intergroup equality. The first rule is rooted in moral principles of respect for individual autonomy. The second rule is a principle that …

Partners And Legal Pitfalls, Brian Finucane

International Law Studies

Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.

The Role Of State Privacy Regulations In Mitigating Internet Users’ Privacy Concerns: A Multilevel Perspective, Tawfiq Alashoor

KSU Proceedings on Cybersecurity Education, Research and Practice

In the U.S., there is no comprehensive national law regulating the collection and use of personal information. As a response to the high level of privacy concerns among U.S. citizens and the currently limited regulations, states have enacted their own privacy laws over and above the principles of Fair Information Practices (FIP). In this exploratory study, we draw upon the privacy literature and the Restricted Access/Limited Control (RALC) theory of privacy to study the privacy concerns phenomenon with a multilevel theoretical lens. We introduce and test three novel propositions pertaining to the impact of state level privacy regulations on privacy …

Health It Security: An Examination Of Modern Challenges In Maintaining Hipaa And Hitech Compliance, Andrew S. Miller, Bryson R. Payne

KSU Proceedings on Cybersecurity Education, Research and Practice

This work describes an undergraduate honors research project into some of the challenges modern healthcare providers face in maintaining compliance with the Health Insurance Portability and Accountability Act (HIPAA) and HITECH (Health Information Technology for Economic and Clinical Health) Act. An overview of the pertinent sections of both the HIPAA and HITECH Acts regarding health information security is provided, along with a discussion of traditionally weak points in information security, including: people susceptible to social engineering, software that is not or cannot be regularly updated, and targeted attacks (including advanced persistent threats, or APTs). Further, the paper examines potential violations …