Law Commons^™

Common Copyright Calamities, G. Franklin Rothwell, Esq.

The Catholic Lawyer

No abstract provided.

Clean Air Council V. Pruitt, Oliver Wood

Public Land & Resources Law Review

The United States Court of Appeals for the District of Columbia granted a motion for summary vacatur against the Environmental Protection Agency after environmental groups challenged the agency’s reconsideration of the Obama-era methane rule under the Clean Air Act. The court held that the EPA unlawfully issued a stay after it reconsidered the rule without proper authorization. The court vacated the EPA’s stay, one example of the Trump Administration unsuccessfully repealing Obama-era rulemaking.

Atay V. County Of Maui, Stephanie A. George

Public Land & Resources Law Review

As genetically engineered plants become more common, questions frequently arise regarding how the plants are regulated and who can regulate them. The Ninth Circuit attempted to answer these questions through preemption doctrine. The court left the door open for states and localities to regulate genetically engineered crops that have been deregulated by the federal government. This decision will implicate the future cultivation of genetically engineered crops, and the food industry as a whole.

Concealed Firearm Licensing And The Need For Expanded Discretion In The Use Of Criminal Records, Casey Williams

DePaul Law Review

No abstract provided.

What's The Difference Between Private And Public On Social Media? A Push For Clearer Language In The Illinois Cyberstalking Statute, Gina Leahy

DePaul Law Review

No abstract provided.

Disconnecting The Itc's Jurisdiction: Why Section 337 Does Not Grant The International Trade Commission The Power To Police The Internet For Unfair Importation, Patrick O. Doyle

DePaul Law Review

No abstract provided.

The Clear-Statement Chevron Canon, Nicholas R. Bednar

DePaul Law Review

No abstract provided.

The Subtly Important Supplementary Payments Provisions In Liability Insurance Policies, Douglas R. Richmond

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

Judges And Judicial Process In The Jurisprudence Of St. Thomas Aquinas, Charles P. Nemeth, J.D., Ph.D., Ll.M.

The Catholic Lawyer

No abstract provided.

Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?, Matthew A. Ritter, M.Div., J.D., Ph.D.

The Catholic Lawyer

No abstract provided.

Souza Et Al., Amended Order Granting Defendants' Motion To Dismiss, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Souza Et Al., Order On Plaintiffs' Motion To Compel, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Volume 91, Issue 5 (2017)

Obiter Dicta

No abstract provided.

Rethinking The Americans With Disabilities Act’S Insurance Safe Harbor, Valarie K. Blake

Law Faculty Scholarship

Despite the importance of access to healthcare for the disabled, the Americans with Disabilities Act (ADA) has made little inroads in reducing disability-based discrimination by health insurers in the United States. One reason is undoubtedly the ADA’s insurance safe harbor, which explicitly permits insurers to discriminate on the basis of disability in health insurance so long as the differential treatment is supported by actuarial data and is not just intended to disadvantage the disabled. While the safe harbor’s harms are somewhat limited by the advent of the Affordable Care Act (ACA), they are not entirely neutralized. This article argues that …

Piling On? An Empirical Study Of Parallel Derivative Suits, Stephen J. Choi, Jessica Erickson, Adam C. Pritchard

Articles

Using a sample of all companies named as defendants in securities class actions between July 1, 2005 and December 31, 2008, we study parallel suits relying on state corporate law arising out of the same allegations as the securities class actions. We test several ways that parallel suits may add value to a securities class action. Most parallel suits target cases involving obvious indicia of wrongdoing. Moreover, we find that although a modest percentage of parallel suits are filed first, over 80 percent are filed after a securities class action (termed “follow-on” parallel suits). We find that parallel suits and, …

Appeal No. 0941: Duck Creek Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-452 (Temporary Authorization; Mogadore Facility)

Mass Transit Modernization: Examining Smart Systems Innovations, Llc V. Chicago Transit Authority, Kelsey Cross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Public transportation is the foundation of modern cities across the globe. Cities such as New York City expanded rapidly after the advent of the subway in particular, as the flat riding fee enabled residents to move out of tenements to the outer boroughs. However, many transit systems were built decades ago, and cities everywhere are looking to modernize their systems. As transit authorities meet to discuss different possibilities, reforming the way riders pay their fare is a top priority. Currently many American mass transit systems utilize reusable cards you either tap or swipe at a turnstile. Conversely, many European mass …

Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap.

The Catholic Lawyer

No abstract provided.

The Geoblocking Of Legitimate Content, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble joined distinguished practitioners, judges, and academics from all over the world to contribute to the 17th annual Intellectual Property Seminar hosted by the Institute of European Studies in Macau. The theme of the two day seminar was, "IP Rights: Obstacles or IP Opportunities to Legitimate Trade?"

2013, August 7 – California State Water Resources Control Board Order Wr 2013-0030-Exec And June 2013 Settlement Agreement With Monterey County Water Resources Agency

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

Monterey County Water Resources Agency (formerly Monterey County Flood Control and Water Conservation District) submitted Application 13225 and 13226 (combined into Permit 11043) in response to problems of seawater intrusion in the Salinas Valley Groundwater Basin examined by California Department of Public Works in Bulletin 52 published in 1946. The express intent of the application was to implement the solutions outlined in Bulletin 52 to combat sweater intrusion by diverting 400 cubic feet water per second from Salinas River for municipal and agricultural uses, not to exceed 168,538 acre-feet per year.. Phase I was successfully implemented in 2010. Phase II …

Madden V. Midland Funding, Llc, 786 F.3d 246 (2d Cir. 2015): The Second Circuit Threatens To Disrupt Capital Markets (White Paper), Daniel Kaplan

Nebraska Law Bulletin (Selected Issues)

Discusses how the Second Circuit threatens to disrupt capital markets in the context of Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015).

Week Of November 6, 2017 - November 10, 2017, Benjamin N. Cardozo School Of Law

Today at Cardozo 2017

Events occurring this week have been sponsored by:

• Asian American Bar Association of New York (AABNY)
• Asian Pacific American Law Students Association (APALSA)
• Cardozo Alumni Association
• Cardozo Art Law Society
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Criminal Law Society (CCLS)
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Intellectual Property and Information Law Program
• Cardozo International Comparative, Policy & Ethics Law Review
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Student Bar Association
• Cardozo Minority Law Student Association (MLSA) …

The Inappropriateness Of The Bad Checks Penalty, Jeffrey H. Kahn, Douglas A. Kahn

Scholarly Publications

In this article, the authors argue that the penalty for sending a bad check to the IRS is excessive and that the reasonable cause exception should apply to any honest factual error.

Table Of Contents, Volume 16, Number One, 2017, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume 16, Number One, 2017

Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism, André Leduc

The University of New Hampshire Law Review

This article explores two assumptions about constitutional law and the form of practical reasoning inherent in constitutional argument and decision that have shaped the debate over originalism. The first assumption—adopted by originalists—is that constitutional reasoning is a formalistic process. Originalism’s critics tacitly describe a very different and less formalistic model. The second assumption—shared by originalists and most of its critics alike—is that the central task of constitutional decision is to interpret the Constitution. Both of these assumptions are wrong. Constitutional argument is not, and cannot be, reduced to the formal model of reasoning tacitly employed in originalism. The critics of …

Vol. 53, No. 11 (November 6, 2017)

Indiana Law Annotated

No abstract provided.

Taxing Systemic Risk, Eric D. Chason

The University of New Hampshire Law Review

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers continue to …

Objective And Subjective Tests In The Law, R. George Wright

The University of New Hampshire Law Review

Across many subject areas, the law commonly attempts to distinguish between objective and subjective tests, and to assess the merits of objective as opposed to subjective legal tests. This Article argues that all such efforts are fundamentally incoherent and ultimately futile in practice. As demonstrated below, what the law takes to be objective in the relevant sense is essentially constituted by what the law takes to be subjective, and vice versa. Judicial preoccupation with objective and subjective tests thus does no more than distract from more meaningful concerns. Judicial attention should be directed away from this hopeless distinction, and instead …

Masthead, Volume 16, Number One, 2017, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume 16, Number 1, 2017.