Law Commons^™

Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz

Online Publications

Brett Kavanaugh is now Justice Kavanaugh. He has been nominated, confirmed and — in a private ceremony on Saturday conducted by Chief Justice John Roberts and the retired Justice Anthony Kennedy — sworn in. There is nothing left to do. So why is he scheduled to be at the White House on Monday evening for a public ceremony, one that President Trump has inaccurately called a “swearing-in ceremony”?

Week Of October 8, 2018 - October 12, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo International Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Office of Student Services & Advising
• Cardozo Tax Law Society
• Heyman Center on Corporate Law and Governance
• Howard M. Squadron Program in Law, Media and Society
• Latin American Law Student Association (LALSA)

Mmu: 10/08/18–10/14/18, Student Bar Association

Monday Morning Update

Law Student Mental Health Day

POWDERPUFF

"FOR CURRENT STUDENTS" Website, A Reminder

Mass Schedule

Announcement - Weekly Bible Study

FOLLOW THE CROSSINGS CAFE

Claim your lost property

LEGAL WRITING CENTER

INVITATION TO ALL NDLS STUDENT GROUPS

Health & Wellness Information

This Week @ NDLS

1L OF THE WEEK: Andrew Cull

Is The First Amendment In Danger On College Campuses?, Stephen Samolsky

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On September 26, 2018, the United States House of Representatives held a debate to discuss policies that may inhibit free speech in colleges across the country. A variety of free speech advocates were invited by Congress to join the conversation, and each presented a unique perspective. The hearing was a response to university policies that aim to combat hate speech, but which may actually be First Amendment violations. Hate speech is speech that attacks an individual or group based on a protected characteristic, such as race, religion, or sexual identity. This definition paints a clear picture of why hate speech …

Boyd Briefs - Oct. 5, 2018, 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.

Cardozo Law News Brief: October 5, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Stewart Sterk
• Jocelyn Getgen Kestenbaum
• Kate Shaw
• Jessica Roth

Events:

• A Festschrift in Honor of Professor Arthur Jacobson
• Paulsen Moot Court Competition: Final Rounds
• Long Term Effects of Involvement in the Criminal Justice System (Cardozo Journal of Equal Rights and Social Justice Fall Symposium)
• Book Talk: Law's Trials and Wars With Professor Richard Abel
• From Namibia to Auschwitz: Combatting Genocide Decades Later
• The Story of the Repeal of "Don't Ask, Don't Tell" and How the Military Did ADR Proud
• Abacus: Small Enough to Jail (Film Screening and Panel)

Concurrent Panels V: Litigating Sexual Assault Cases, Brenda V. Smith, Julie Abbate, Laura Ives, Nicole Schult

Presentations

This panel will address how to represent and litigate cases involving sexual assault against incarcerated men and women. Panelists will discuss what investigations help set up the strongest claims, and how to coordinate with other agencies before filing; how to conduct discovery to prove your case, and how PREA fits into a sexual assault case; and provide context about sexual assault in prisons and jails, as well as provide perspective about litigation going on in other spaces.

The Essential Characteristics Of Successful Organizational Transformation: Findings From A Delphi Panel Of Experts, Oliver Lyons, Jaimie Ciulla Timmons, Allison Cohen Hall, Stephanie Leblois, Thinkwork! At The Institute For Community Inclusion At Umass Boston

ThinkWork! Publications

BACKGROUND: Federal legislation has called for the phasing out of sheltered workshops and the transition to integrated employment, causing providers to struggle with how to adapt their model towards providing community integration services.

The Santa Clara, 2018-10-04, Santa Clara University

The Santa Clara

No abstract provided.

In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

PETITION TO ALLOW BAR
ADMISSION FOR UNDOCUMENTED
IMMIGRANTS

Pursuant to Supreme Court Rule of Professional Practice 11-104(1), Petitioners
Mary Doe and Jane Doe ("Petitioners"), by and through their attorneys, petition the
Court to adopt a new rule governing admission to the Utah State Bar to allow Bar
admission for undocumented immigrants who otherwise meet the Utah standards for
admission. A copy of the proposed Rule 14-721 is attached as Exhibit A.

Petitioners submit this petition using pseudonyms to preserve their privacy. Petitioners
are willing to identify themselves in supplemental pleadings field with the Cour under
seal if doing so would …

Interruptions At Supreme Court Confirmation Hearings Have Been Rising Since The 1980s, Paul M. Collins Jr., Lori A. Ringhand

Popular Media

As scholars of the confirmation process, we aim to measure what is measurable, in the hope that data can inform our more subjective perceptions of politics. And one measurable feature of Kavanaugh’s testimony is the striking number of times he interrupted the senators to challenge their comments or force his own point. Here, the historical record can shed some light. This article reviews the history of interruptions during Supreme Court confirmation hearings from 1939 to 2010.

Howard V. Hughes, 134 Nev. Adv. Op. 80 (Oct. 4, 2018), Christian Ogata

Nevada Supreme Court Summaries

The Court clarified the holding of Langevin v. York, and applied the presumptions outlined in Sack v. Tomlin to unmarried joint tenants. The Court held that before property may be partitioned and shares are proportionally divided between unrelated joint tenants, a party must overcome the presumption of equal ownership. If a party overcomes this presumption, the shares are proportionally divided based on the parties’ respective financial contributions to the initial purchase price, unless the other party can show a donative intent to gift an equal ownership interest.

Dolorfino V. Univ. Med. Ctr. Of S. Nev., 134 Nev. Adv. Op. 79 (Oct. 4, 2018), Steven Brecher

Nevada Supreme Court Summaries

The Court held that a claim of injury suffered during medical treatment may not be dismissed for lack of a supporting affidavit from a medical expert if the injured body part is not “directly involved in” or “proximate” to the treatment, where those phrases are to be interpreted quite narrowly.

Rodriguez V. Fiesta Palms Llc, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), Khaylia Decaires

Nevada Supreme Court Summaries

The Court determined that relief under NRCP 60(b)(1) is appropriate when litigants: (1) promptly apply to remove judgement, (2) not intend to delay proceedings, (3) lack knowledge of procedural requirements; and (4) act in good faith. Further, the Court concluded that a district court must consider the relevant facts, including the difficulties faced by pro se litigants, when determining to grant or deny NRCP 60(b)(1) relief.

Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan

Articles

The Bayh-Dole Act of 1980 established a new default rule that allowed nonprofit organizations and small businesses to own, as a routine matter, patents on inventions resulting from research sponsored by the federal government. Although universities helped get the Bayh-Dole Act through Congress, the primary goal, as reflected in the recitals at the beginning of the new statute, was not to benefit universities but to promote the commercial development and utilization of federally funded inventions. In the years since the passage of the Bayh-Dole Act, universities seem to have lost sight of this distinction. Their behavior as patent seekers, patent …

Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society

School of Law Conferences, Lectures & Events

No abstract provided.

Hearsay In New Mexico, Verónica C. Gonzales, Linda Vanzi, Chief Judge

Faculty Scholarship

Introduction to the New Mexico rule against hearsay, Rule 11-803 NMRA.

October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz

Hallowed Secularism

Blog post, “Judge Kavanaugh Doesn’t Have a Judicial Philosophy: Only Randy Barnett Does“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.

Podcasting The Place: Using Tech To Create Community, Rachel S. Evans

Presentations

No abstract provided.

Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin

Life of the Law School (1993- )

No abstract provided.

What Does Puerto Rican Citizenship Mean For Puerto Rico’S Legal Status?, Joseph Blocher, Mitu Gulati

Duke Law Journal Online

No abstract provided.

Privacy And The New Age Of Technology, Odelia Nikfar

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

This past June, the Supreme Court decided the case Carpenter v. United States, which some may call one of the most influential and important opinions of our time. This case calls into question the government’s access to information provided by a device that is most probably within one foot of you right now. That’s right – your cell phone. The issue presented in this case is whether the Government conducts a search under the Fourth Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements.

This post was originally published on the …

Challenging The Trump Administration's Family Separation Policy: A Discussion With Lee Gelernt, Deputy Director Of The Aclu's Immigrants' Rights Project, Cardozo Public Service Scholars Program, Floersheimer Center For Constitutional Democracy, Cardozo Center For Rights And Justice

2018 Event Invitations

No abstract provided.

The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes

Washington and Lee Law Review Online

Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …

America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin

Washington and Lee Law Review Online

Political and philosophical theorists have often advocated for the exclusion of some or all religious perspectives from full participation in politics. Such approaches create criteria—such as public accessibility, public reason, or secular rationale—to legitimate such exclusion. During the 1990s I argued, as an evangelical Christian, against such exclusionary theories, defending the rights to full and equal political participation by evangelical Christians, traditionalist Roman Catholics, and any others who would be restricted by such criteria.

Residence-Based Formulary Apportionment: (In-)Feasibility And Implications, Wei Cui

All Faculty Publications

I examine one way of taxing international corporate income that has not previously been studied, “residence-based formulary apportionment” or RBFA. I first offer a new taxonomy of different ways of taxing corporate income by reference to individual shareholders, and distinguish what I call the “shareholder attribution” approach from integration, pass-through, and other approaches. I then argue that although traditional international legal norms had led international tax design to avoid taxing foreign corporations “unconnected” with the taxing jurisdiction (e.g. foreign corporations earning only foreign income), these legal norms have gone through substantial transformations in recent years. The exercise of jurisdiction over …

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Boardof Health, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah

Mark C. Haik, Petitioner/ Appellant V. Salt Lake County Board Of Health, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Case No. 130907518 The Honorable Su Chon, Presiding

Bridget K. Romano, Deputy District Attorney, SALT LAKE COUNTY ATTORNEY'S OFFICE

Paul R. Haik, KREBSBACH AND HAIK, LTD,