Law Commons^™

How Segregated Is Urban Consumption?, Donald R. Davis, Jonathan I. Dingel, Joan Monras, Eduardo Morales

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.

Farmer V. State, 133 Nev. Adv. Op. 86 (Nov. 16, 2017), Maliq Kendricks

Nevada Supreme Court Summaries

The Nevada Supreme Court determined that (1) Under NRS 173.115(2), separate offenses may be joined against a defendant when they are committed as parts of a common scheme where the defendant’s separate crimes share features idiosyncratic in character; and (2) under NRS 174.165(1), joinder is proper in situations where a defendant commits similar offenses in separate instances.

Contra Scalia, Thomas, And Gorsuch: Originalists Should Adopt A Living Constitution, R. Randall Kelso

University of Miami Law Review

Two main approaches appear in the popular literature on constitutional interpretation: originalism and non-originalism. An originalist approach refers back to some aspect of the framers’ and ratifiers’ intent or action to justify a decision. A non-originalist approach bases the goal of constitutional interpretation in part on consideration of some justification independent of the framers’ and ratifiers’ intent or action.

What is often unappreciated in addressing the question of whether to adopt an originalist or non-originalist approach to constitutional interpretation is the complication that emerges if one concludes that the framing and ratifying generation believed in the model of a living …

Our Equity: Federalism And Chancery, Jeffrey Steven Gordon

University of Miami Law Review

Federal courts sitting in diversity cannot agree on whether state or federal law governs the award of a preliminary injunction. The conditions for the exercise of a federal diversity court’s extraordinary remedial power are anybody’s guess. The immediate cause of the confusion is Justice Frankfurter’s cryptic opinion in Guaranty Trust Co. v. York, which aggressively enforced Erie and, at the same time, preserved the so-called “equitable remedial rights” doctrine. There are, however, much broader and deeper causes that explain why the equitable remedial rights doctrine is almost incomprehensible today.

This Article argues that the early history of equity in …

V.1 No.10

Conservation Law Center Newsletter

No abstract provided.

@Potus: Rethinking Presidential Immunity In The Time Of Twitter, Douglas B. Mckechnie

University of Miami Law Review

President Donald Trump’s use of Twitter portends a turning point in presidential communication. His Tweets animate his base and enrage his opponents. Tweets, however, like any form of communication, can ruin reputations. In Nixon v. Fitzgerald, the Supreme Court determined that a president retains absolute immunity for all actions that fall within the “outer perimeter” of his official duties. This Article explores the “outer perimeter” of presidential immunity. It suggests the First, Fifth, and Fourteenth Amendments inform the demarcation of the “outer perimeter,” and that when a president engages in malicious defamation, his speech falls outside this perimeter and …

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

University of Miami Law Review

Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …

Eat Your Vitamins And Say Your Prayers: Bollea V. Gawker, Revenge Litigation Funding, And The Fate Of The Fourth Estate, Nicole K. Chipi

University of Miami Law Review

In August 2016, Gawker.com shut down after 14 years of—more often than not—controversial online publishing. The website was one of several Gawker Media properties crushed under the weight of a $140 million jury verdict awarded to Terry Bollea (better known as former professional wrestler Hulk Hogan), in a lawsuit financed by eccentric Silicon Valley billionaire Peter Thiel. Thiel’s clandestine legal campaign was part of a vendetta against Gawker Media, a venture he confirms was singularly focused on bankrupting the company through litigation. His success sent shudders through the media world, demonstrating that determined actors with deep pockets could sue the …

The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

In Re Discipline Of Reade, 133 Nev. Adv. Op. 87 (Nov. 16, 2017), Ronald Evans

Nevada Supreme Court Summaries

The Court determined that, in this instance, an attorney should be suspended for four years after said attorney violated RPC 8.4(b). The Court further held that SRC 102 does not permit the Court to impose financial sanctions on an attorney when the Court is already suspending said attorney.

City Of Las Vegas V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 82 (Nov. 16, 2017), Jocelyn Murphy

Nevada Supreme Court Summaries

(1) The Court held the district court’s order was “contrary to the evidence” because the record was not sufficient to determine that any unpreserved issues were “plain” error. (2) The court also determined that NRS 50.155(1) does not presently bar witnesses from communicating outside of the courtroom about topics other than witness testimony when the witness exclusion rule is in effect.

Back To The Future Of Music Sampling, Cardozo Arts & Entertainment Law Journal, Cardozo Intellectual Property & Information Law Program, Cardozo Fame Center, Cardozo Entertainment Law Society

2017–2018 Flyers

The event will focus on the legal issues facing producers, attorneys, and practitioners in music sampling.

Back To The Future Of Music Sampling, Cardozo Fame Center, Cardozo Arts & Entertainment Law Journal, Cardozo Entertainment Law Society

2017 Event Invitations

No abstract provided.

An Uphill Battle: Ftc Regulation Of Unreasonable Data Security As An Unfair Practice, Nelly Rosenberg

DePaul Law Review

No abstract provided.

To Serve And Protect: An Analysis Of Recent Law Enforcement Legislation In Illinois And A Call For Reform, Gabriella Leyhane

DePaul Law Review

No abstract provided.

Please Expect Turbulence: Liability For Communicable Disease Transmission During Air Travel, Kathryn Brown

DePaul Law Review

No abstract provided.

Cooperatives: The First Social Enterprise, Elaine Waterhouse Wilson

DePaul Law Review

No abstract provided.

The Treachery Of Images: Reinterpreting Compelled Commercial-Speech Doctrine, Peter Bozzo

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

President Nixon's Prescience: The Honorable Kevin Thomas Duffy, Timothy John Casey

The Catholic Lawyer

No abstract provided.

The Constitutionality Of Polygamy Prohibitions After Lawrence V. Texas: Is Scalia A Punchline Or A Prophet?, Joseph Bozzuti

The Catholic Lawyer

No abstract provided.

Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriages, Randy Lee

The Catholic Lawyer

No abstract provided.

Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons

The Catholic Lawyer

No abstract provided.

Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh

The Catholic Lawyer

No abstract provided.

Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?, Matthew D. Donovan

The Catholic Lawyer

No abstract provided.

Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile

The Catholic Lawyer

No abstract provided.

Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr.

The Catholic Lawyer

No abstract provided.

Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson

The Catholic Lawyer

No abstract provided.

The Bawd And The Bard: Mercy Tempers Strict Statutory Application In Shakespeare's Measure For Measure, C.M.A. Mc Cauliff

The Catholic Lawyer

No abstract provided.

Reaping Where They Have Not Sowed: Have American Churches Failed To Satisfy The Requirements For The Religious Tax Exemption?, Vaughn E. James

The Catholic Lawyer

No abstract provided.