Law Commons^™

Are Beach Bondaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle

Washington Law Review

Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would have a significant impact on public access. This Article explores the possibility that courts and the public can put an end to the beach privatization movement simply by pointing to the common law of waterfront …

Contesting Police Credibility, Rachel Moran

Washington Law Review

Criminal cases often amount to credibility contests between two actors: the complainant, testifying for the government, and the defendant. In theory, the defendant’s opportunity to attack the credibility of government witnesses should be equal to or greater than the government’s opportunity to attack the credibility of the defendant, given that the defendant has a constitutional right to a fair trial. But when the government’s witnesses are police officers, the converse occurs. Although the phenomenon of police officers lying at trial is so well documented that it has its own euphemism, “testilying,” the law imposes tremendous obstacles to defense counsel obtaining …

Rent-A-Tribe: Tribal Immunity To Shield Patents From Administrative Review, Seth W.R. Brickey

Washington Law Review

In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan agreed to assign several patents to SRMT and to pay an initial sum of $13.75 million and annual royalties of approximately $15 million. SRMT, in exchange, licensed the rights to use the patents back to Allergan and agreed not to waive its tribal immunity in any administrative proceeding challenging the patents. Two outcomes were expected as a result of this Allergan-Mohawk agreement. First, Allergan would retain the rights to manufacture and market a highly profitable drug while insulating the underlying patents from an unforgiving …

A Stute Observation: Re-Examining Washington's Enforcement Of Workplace Safety Regulations, Ben Moore

Washington Law Review

In 1973, the Washington State Legislature enacted the Washington Industrial Safety and Health Act. The stated purpose of the Act was to ensure safe working conditions for the working men and women of Washington. Seventeen years later, the Washington State Supreme Court held that general contractors are per se liable for the WISHA violations of their subcontractors. However, the Washington Department of Labor and Industries has adopted a policy of citing general contractors for subcontractor violations only in limited circumstances. This Comment first outlines the development of worker safety laws in Washington, then examines the effects of the Department’s policy …

Threading The First Amendment Needle: Anonymous Speech, Online Harassment, And Washington's Cyberstalking Statute, Sarah E. Smith

Washington Law Review

This Comment examines the constitutionality of Washington’s cyberstalking statute, RCW 9.61.260, and its treatment of anonymous online speech. While the statute was drafted to ensure that women are free from domestic and gender-based violence, the statute as currently written and enforced infringes on the constitutionally protected right to free speech. There has only been one action, Moriwaki v. Rynearson, enforcing the provision of the statute related to anonymous speech. The court ultimately overturned the stalking protection order, which the plaintiff brought to halt political speech, on First Amendment grounds. While the Moriwaki court concluded that the stalking protection order …

When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei

Loyola of Los Angeles Entertainment Law Review

Even after the International Olympic Committee’s quick and harsh response to the “black power salute” in the 1968 Olympic Games— positing that the apolitical Olympic Games were not a suitable venue for domestic political statements—athletes continued using their platform to protest human rights violations. Should such conduct be allowed? Are athletes entitled to display their political opinions on the field? Or should athletic organizations be allowed to regulate their athletes’ protests and political speech in the arena? On the one hand, freedom of speech is a fundamental human right. On the other, sports have a long history of remaining apolitical—limiting …

Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson

Loyola of Los Angeles Entertainment Law Review

The Fourth Circuit’s recent decision in Class v. Towson University threatens the rights guaranteed to disabled persons under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (“Rehab Act”). The Acts demand that disabled persons not be excluded from activities based on unsubstantiated paternalistic concerns, and, where exclusion occurs, the Acts entrust courts to evaluate whether exclusion was warranted in light of the best available objective evidence. This Comment argues that by deferring to the speculative fears and subjective judgment of Towson University—the very entity accused of violating the ADA and Rehab Act in Class …

The American Police System (Ghc), Sherry Green, Randy Green, J. Sean Callahan

Criminal Justice and Law Grants Collections

This Grants Collection for The American Police System was created under a Round Eleven ALG Textbook Transformation Grant.

Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.

Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:

• Linked Syllabus
• Initial Proposal
• Final Report

Agricultural Investments Under International Investment Law, Jesse Coleman, Sarah Brewin, Thierry Berger

Columbia Center on Sustainable Investment Staff Publications

International investment law, based primarily on international investment treaties, plays an important role in the governance of investment in agriculture, forestry, and fishing. The obligations established by these treaties, and enforced by means of investor–state arbitration, can present challenges for policy-makers and others seeking to ensure that investments are sustainable, including by affecting the ways in which the costs and benefits of investments are distributed among different actors.

CCSI partnered with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD) to produce a briefing note on agricultural investments under international investment law. The …

Externship Assessment Project: An Empirical Study Of Supervisor Evaluations Of Extern Work Performance, Jodi S. Balsam, Margaret Reuter

Faculty Scholarship

No abstract provided.

Bankruptcy Fiduciary Duties In The World Of Claims Trading, John A.E. Pottow

Articles

In earlier work, I explored the role of fiduciary duties in the bankruptcy trustee's administration of a debtor's estate, noting the absence of any explicit demarcation of those duties in the Bankruptcy Code. In this piece, I report the highlights of that analysis and see to what extent (if any) fiduciary duties can inform policy prescriptions for the issue of bankruptcy claims trading, colorfully referred to by some as the world of "bankruptcy M&A." My initial take is pessimistic. Fiduciary duties, at least as traditionally conceived in bankruptcy, are unlikely to provide much help. But there is still a source …

Introduction, Shari S. Diamond, Richard O. Lempert

Articles

Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …

Letter To Council Members Regarding Council Draft 2, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We understand that the ALI Council will consider Council Draft 2 (CD2) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on October 18-19, 2018. We have had – and continue to have – significant concerns about the project and the work to date. We note that numerous parties have expressed concerns about CD2, including the US Patent and Trademark Office, the American Bar Association’s Section of Intellectual Property Law, academics and other Advisers, and that the US Copyright Office and the New York City Bar Association’s Committee on Copyright and Literary Property have done so …

Evaluating Annual Fixed Wing Maintenance Costs, Kirsten Bunecke, Edward D. White, Jonathan D. Ritschel, Brett A. Bush

Faculty Publications

This article serves two purposes: first, to empirically model the annual percentage increase of operations and support (O&S) costs for fixed wing aircraft; and second, to place into the archival realm another reference for other researchers to consider when investigating other O&S topics. For this study of 21 different airframes grouped together at the Mission- Design Series (MDS), maintenance subcategories 3.1 Consumable Materials and Repair Parts, 3.2 Depot Level Repairables (DLR), and 3.4 Depot Maintenance accounted for an average 91.5% of annual organic maintenance costs. For contractor-maintained MDS, subcategory 3.7, Contractor Logistics Support (CLS) accounted for 96.6% of annual maintenance …

A New Market-Based Approach To Securities Law, Kevin S. Haeberle

Faculty Publications

Modern securities regulation has three main areas, each of which is plagued by a core problem. Mandatory disclosure law leaves society with suboptimal disclosure, as the government calls for too little of some information (for example, management analysis of company prospects) and too much of other information (for example, data about trivial executive perks). Securities fraud law (specifically, its central fraud-on-the-market theory of reliance) yields damages at odds with any reasonable theory of compensation and deterrence. And insider trading law fails to achieve its ends because incentives to police illegal trading and tipping by executives are currently weak.

In this …

Supreme Court Norms Of Impersonality, Allison Orr Larsen

Faculty Publications

No abstract provided.

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.

Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone

Faculty Publications

Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …

Understanding The Crime-Fraud Exception To The Attorney-Client Privilege And Work Product Immunity, Douglas R. Richmond

South Carolina Law Review

No abstract provided.

College Esports: A Model For Ncaa Reform, Thomas A. Baker Ii, John T. Holden

South Carolina Law Review

No abstract provided.

Stories Of Experience: Economic Inequality In Mediation, Robert Rubinson

South Carolina Law Review

No abstract provided.

Avoiding The Wrecking Ball Of A Disastrous Cross Examination: Nine Principles For Effective Cross Examinations With Supporting Empirical Evidence, Harry M. Caldwell, Deanne S. Elliot

South Carolina Law Review

No abstract provided.

Fall 2018 Health Law Symposium, New York Law School

Health Law Society Publications

Materials for CLE Program -

VERTICAL AND HORIZONTAL INTEGRATION IN HEALTH CARE AND HEALTH COVERAGE

F18rs Eo No. 1 (Safety Partner Day), Stewart Lockett

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 6 (Texas A&M Mascot Condolences), Johnathon Price

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 8 (Supplemental Instruction), Tim Craig

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 9 (Ldeq Conference), Jack Green

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgr No. 10 (Lsu Society Of Petroleum Engineers), Shrey Dalal

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgfb No. 2 (Nsslha Conference), Johnathon Price

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgfb No. 3 (Seaux Live), Catherine Mckinney

Student Senate Enrolled Legislation

No abstract provided.