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2016

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Full-Text Articles in Law

002601, Us Land Patent, T30s, R12e, John Selm, Feb. 15, 1871, And Blm Land Patent Detail Sheet Dec 2016

002601, Us Land Patent, T30s, R12e, John Selm, Feb. 15, 1871, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


003107, Us Land Patent, T30s, R12e, Charles H. Johnson, Oct. 5, 1871, And Blm Land Patent Detail Sheet Dec 2016

003107, Us Land Patent, T30s, R12e, Charles H. Johnson, Oct. 5, 1871, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


109693, Us Land Patent, T30s, R12e, Dewitt Tell Archer, Walter S. Church, Gaudaloupe Miranda, Nov. 10, 1871, And Blm Land Patent Detail Sheet Dec 2016

109693, Us Land Patent, T30s, R12e, Dewitt Tell Archer, Walter S. Church, Gaudaloupe Miranda, Nov. 10, 1871, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


000094, Us Land Patent, T30s, R17e, Drura W. James, Mar. 28, 1861, And Blm Land Patent Detail Sheet Dec 2016

000094, Us Land Patent, T30s, R17e, Drura W. James, Mar. 28, 1861, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


001126, Us Land Patent, T30s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet Dec 2016

001126, Us Land Patent, T30s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


001132, Us Land Patent, T30s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet Dec 2016

001132, Us Land Patent, T30s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


001135, Us Land Patent, T30s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet Dec 2016

001135, Us Land Patent, T30s, R17e, August Hemme, Nov. 1, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


002521, Us Land Patent, T30s, R17e, August Hemme, July 15, 1870, And Blm Land Patent Detail Sheet Dec 2016

002521, Us Land Patent, T30s, R17e, August Hemme, July 15, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


002522, Us Land Patent, T30s, R17e, August Hemme, July 15, 1870, And Blm Land Patent Detail Sheet Dec 2016

002522, Us Land Patent, T30s, R17e, August Hemme, July 15, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


090217, Us Land Patent, T30s, R17e, Robert G. Flint, John Spence, July 1, 1861, And Blm Land Patent Detail Sheet Dec 2016

090217, Us Land Patent, T30s, R17e, Robert G. Flint, John Spence, July 1, 1861, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


001198, Us Land Patent, T30s, R19e, John Q, Greenwood, Nov. 1, 1870, And Blm Land Patent Detail Sheet Dec 2016

001198, Us Land Patent, T30s, R19e, John Q, Greenwood, Nov. 1, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.


Book Review - Promoting Law Student And Lawyer Well-Being In Australia And Beyond, Magdalene D'Sliva Dec 2016

Book Review - Promoting Law Student And Lawyer Well-Being In Australia And Beyond, Magdalene D'Sliva

The University of Notre Dame Australia Law Review

No abstract provided.


A More Charitable Charity: Administrative Necessity Provides An Opportunity To Promote Altruism In Charities, Eric Franklin Amarante Dec 2016

A More Charitable Charity: Administrative Necessity Provides An Opportunity To Promote Altruism In Charities, Eric Franklin Amarante

Scholarly Works

The law of charities governs an absurdly wide-ranging field of organizations. A small group of antiquated statutes purport to govern a diversity of entities that range from hospitals worth millions of dollars to purely volunteer-run organizations that provide free childcare. Perhaps due to a lack of any coherent guiding principle driving these laws, many tax-exempt organizations do not comport with the general public’s idea of charity. An intuitive definition of charity relies upon a lack of self-regard. In other words, charity requires some level of altruism. But many charities pay lavish salaries and some are major players in the crass …


Paid Leave Policy: Recommendations For Mississippi, Harvard Law School Dec 2016

Paid Leave Policy: Recommendations For Mississippi, Harvard Law School

Delta Directions: Publications

Paid leave refers to a public or private program to compensate individuals when they miss time because of illness (paid sick leave), to tend to a newborn child (paid maternity and paternity leave), or to care for family members (paid family leave). As the law currently stands, the federal government provides unpaid leave in certain circumstances under the Family Medical Leave Act. Four states—New York, New Jersey, California, and Rhode Island—offer more comprehensive programs within their states. Mississippi not only offers no paid leave, but has a statewide policy limiting cities and towns from testing out their own paid leave …


Beyond Elite Law: Editors' Preface, Joy Radice Dec 2016

Beyond Elite Law: Editors' Preface, Joy Radice

Scholarly Works

We are justly proud of the American legal system and the lawyers and judges who make it work. Our system, to the envy of much of the world, takes law seriously, aspires to reduce the gap between the law on the books and the law as lived, and strives to subject all within its remit to the rule of law. And yet, it remains, at its core, a system of elite law largely for the elite.

We are all engaged in elite law, whether as lawyers or academics. Each year, the law schools produce eager, bright graduates ready to provide …


Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp Dec 2016

Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp

University of Miami Inter-American Law Review

Congress enacted the Food Safety Modernization Act (“FSMA”), to regulate the fresh produce industry in the United States and increase consumer safety when handling and consuming raw produce. But FSMA risks imposing a zero tolerance policy on raw produce, even where a naturally occurring low-level pathogen, such as listeria, is found in negligible amounts. A zero tolerance policy for all naturally-occurring pathogens does not increase consumer safety, and only serves to increase the cost of raw produce for consumers. This article begins with a summary of the modern history of FSMA, including a brief overview of how the law has …


Admissible Evidence: Vol. 1, Issue 7, Ndls Social Committee Dec 2016

Admissible Evidence: Vol. 1, Issue 7, Ndls Social Committee

Admissible Evidence

On the Scene

Coming soon ...

  • Great fun, tasty Italian food, and sweet treats were shared at the Holiday Cookie Exchange on December 5!
  • The NDLS holiday luncheon on December 8 at noon was a hit. The food and company were wonderful. Thanks Nell!
  • Happy hour at Legends is December 19!!! The festivities start at 4:30 p.m., so mark your calendars! We have the raised area of the dining area reserved for our group. There will be a variety of munchies available and people can purchase whatever beverages they like.
  • Mark your calendars!! We have our next South Bend Cubs …


A Structural Etiology Of The U.S. Constitution, Charles Edward Andrew Lincoln Iv Dec 2016

A Structural Etiology Of The U.S. Constitution, Charles Edward Andrew Lincoln Iv

Student Scholarship

This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.

First, the article establishes Plato’s theory of the three-part Platonic soul as a major …


Reproduction Reconceived, Courtney Megan Cahill Dec 2016

Reproduction Reconceived, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley Dec 2016

Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley

Scholarly Publications

The presidential nomination process used by the Democratic and Republican Parties is an ill-considered, unstable pastiche of competing components that generally operate in fundamentally different manners. The process is comprised of three main elements: the selection of delegates to the national convention (generally through state and district party conventions or other intraparty processes), the determination of the presidential candidates for whom those delegates will vote (generally through state-by-state primaries and caucuses), and the national convention itself.

The ritual of holding primary elections and caucuses across the nation creates the widespread public expectation that the results of those proceedings—the will of …


How Ontarians Experience The Law: An Examination On Incidence Rate, Seriousness And Response To Legal Problems, Matthew Dylag Dec 2016

How Ontarians Experience The Law: An Examination On Incidence Rate, Seriousness And Response To Legal Problems, Matthew Dylag

LLM Theses

Access to civil justice is a conceptual framework that, at its most basic, claims all people are entitled to have their legal disputes resolved fairly. However, it is currently understood that these ideals are not reflected in the day-to-day realities of ordinary people. Though scholarship has examined ways in which to better allow for meaningful access to civil justice, there is still a need for further quantitative research especially from the Canadian perspective. This paper provides an empirical foundation to this discussion by examining the 2014 Cost of Justice project survey. Specifically, it examines the incidence rate of civil legal …


‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell Dec 2016

‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell

The University of Notre Dame Australia Law Review

When women see images of extremely thin women, their body image may suffer as a result. Their poor body image can develop into an eating disorder. A handful of governments took action to try to stop models who have BMIs below a specific number from working and/or require a warning on photoshopped images (that modify models to make them appear thinner). The Authors of this article (“Authors”) created a term to apply to this newly developing area of law: Body Image Law. The Authors argue that there are some areas in which the actions that governments took in Body Image …


Volume 100, Number 4 (Winter 2016) Dec 2016

Volume 100, Number 4 (Winter 2016)

Judicature

No abstract provided.


The Unfortunate Role Of Farm Subsidies As A Stimulus For Inequality And Obesity, Neil M. Browne, Facundo Bouzat, Justin Rex, Joseph Seipel Dec 2016

The Unfortunate Role Of Farm Subsidies As A Stimulus For Inequality And Obesity, Neil M. Browne, Facundo Bouzat, Justin Rex, Joseph Seipel

Economics Faculty Publications

Governmental expenditures are directed at a particular objective, but their effects have consequences far beyond the named target of the expenditures. Specific farm subsidies, for example, encourage consumption of particular foods by reducing the costs of producing these foods. To what extent do these subsidies affect the American obesity epidemic? How do the subsidies create disparate negative effects on those in poverty? Exploring these questions stimulates us to take greater care when designing legislation to take a broader look at the stakeholders affected by any particular governmental expenditure.


The Tax Definition Of "Medical Care:" A Critique Of The Startling Irs Arguments In O'Donnabhain V. Commissioner, Katherine Pratt Dec 2016

The Tax Definition Of "Medical Care:" A Critique Of The Startling Irs Arguments In O'Donnabhain V. Commissioner, Katherine Pratt

Michigan Journal of Gender & Law

This Article critiques the startling arguments made by the Internal Revenue Service (“IRS”) in O’Donnabhain v. Commissioner, a case in which the issue was whether a person diagnosed with gender identity disorder (“GID”) could take a federal tax deduction for the costs of male-to-female medical transition, including hormone treatment, genital surgery, and breast augmentation. Internal Revenue Code § 213 allows a deduction for the costs of “medical care,” which (1) includes costs incurred for “the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body,” but (2) generally …


Identity Entrepreneurs, Nancy Leong Dec 2016

Identity Entrepreneurs, Nancy Leong

Sturm College of Law: Faculty Scholarship

In my previous article, Racial Capitalism, I examined the ways in which white individuals and predominantly white institutions derive value from non-white racial identity. This process of deriving value from identity results from intense social and legal preoccupation with diversity. And it results in the commodification of nonwhite racial identity, with negative implications for both individuals and society.

This Article builds on Racial Capitalism in three ways. First, as a foundation, it expands the concept of racial capitalism to identity categories more generally, explaining that individual in-group members and predominantly in-group institutions—usually individuals or institutions that are white, male, straight, …


Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively Dec 2016

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …


Wrongfully Convicted In California: Are There Connections Between Exonerations, Prosecutorial And Police Procedures, And Justice Reforms, Justin Brooks, Zachary Brooks Dec 2016

Wrongfully Convicted In California: Are There Connections Between Exonerations, Prosecutorial And Police Procedures, And Justice Reforms, Justin Brooks, Zachary Brooks

Hofstra Law Review

The article discusses possible connections between judicial reform and police procedures in wrongfully convicted exonerations in the California judicial system. It presents statistics concerning wrongful convictions in California, the concept of misidentification in wrongful convictions, false confessions, and misleading DNA and forensic evidence.


Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez Dec 2016

Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez

Cultural Encounters, Conflicts, and Resolutions

The Spanish-language anthology Caminos para la paz: Literatura israelí y árabe en castellano (Buenos Aires: Corregidor, 2007) [Paths towards/for Peace: Israeli and Arab literature in Castilian], compiled by Ignacio López-Calvo and Cristián Ricci, offers us a collection of over thirty reflections—some Jewish, others Muslim—about the millennial but also contemporary situation of two literally related and historic peoples in a language—Spanish—that seemingly allows them to inhabit the same, this time uncontested, space. Despite the potentially questionable title of the work, which couches the conflict as that of a nation-state versus a nation and/or two peoples contesting rights to one same land, …


The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt Dec 2016

The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt

Working Paper Series

At-sentencing risk assessments are predictions of an individual’s statistically likely future criminal conduct. These assessments can be derived from a number of methodologies ranging from unstructured clinical judgment to advanced statistical and actuarial processes. Some assessments consider only correlates of criminal recidivism, while others also take into account criminogenic needs. Assessments of this nature have long been used to classify defendants for treatment and supervision within prisons and on community supervision, but they have only relatively recently begun to be used – or considered for use – during the sentencing process. This shift in application has raised substantial practical and …