Law Commons^™

California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers

Public Land & Resources Law Review

In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.

Week Of September 17, 2018 - September 21, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Art Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Data Law Society
• Cardozo Fashion Law Society
• Cardozo Korean American Law Students Association (KALSA)
• Cardozo Sports Law Society (CSLS)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Courtroom Advocates Project
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• New York Intellectual Property Law Association (NYIPLA)
• Unemployment Action Center (UAC)
• United States Patent and Trademark Office
• Women Entrepreneurs NYC

Emoluments, The (Nearly) Unlitigated Clauses Of The Constitution, Dan Blair

SLU Law Journal Online

Dan Blair discusses the ongoing case of District of Columbia v. Trump, including the court’s definition of “emoluments” under the Constitution, and whether domestic and foreign government representatives staying at the president’s hotel violates the Domestic Emoluments Clause or the Foreign Emoluments Clause of the Constitution.

Robert D. Scarborough, Jr. Et Al., Order On Baker Donelson Defendants' Motion For Judgment On The Pleadings, Elizabeth E. Long

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

No abstract provided.

1866 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

1874 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

Vol. 55, No. 05 (September 17, 2018)

Indiana Law Annotated

No abstract provided.

Alien Tort Cases Will Survive Supreme Court Trim, Write Commentators, Peter B. Rutledge, Michael Baker

Popular Media

For over four decades, the Alien Tort Statute has served as a central battleground in some of the country’s (and world’s) most significant international human rights litigation. Following a trend in its ATS jurisprudence that started with its opinion in Sosa v. Alvarez-Machain, the Supreme Court recently trimmed the statute’s scope yet further. In Jesner v. Arab Bank PLC, the Court held that suits arising under the ATS did not extend to claims against corporations (at least some of them, a nuance explained below). Once again, postdecisional commentary decried the demise of ATS suits and a blow, more generally, to …

1871 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

Mmu: 09/17/18–09/23/18, Student Bar Association

Monday Morning Update

Mass Schedule

GALILEE MEETING SCHEDULE

NDLS SOFTBALL TOURNAMENT

LEGAL WRITING CENTER

INVITATION TO ALL NDLS STUDENT GROUPS

Health & Wellness Information

This Week @ NDLS

Mens Rea As The Requirement Of Unfairness Of A Commercial Practice. Comment To The Judgment Of The Warsaw Court Of Appeals Of 8 March 2018, Vii Aga 1356/18, Wojciech Janik

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In this article the author analyzes the judgment of the Warsaw Court of Appeals delivered on 8 March 2018 (VII AGa 1356/18) focusing on the principle of guilt, as the legal requirement of unfairness of a commercial practice. The court’s decision may be of great signifi cance as far as the enforcement of Directive 2005/29/EC is concerned, as it restates the traditional approach to unfair commercial practices, which regarded them as strict liability offences. The author is trying to establish whether imposing on consumers an obligation to provide evidence of a wrong intention, on the part of the professional, guarantees …

September 15, 2018: Who’S Afraid Of The Russians?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Who’s Afraid of the Russians?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Revisiting A Classic: A Qualitative Analysis Of Differential Opportunity Theory And Its Utility In Explaining Residential Burglary, John A. Shjarback

Qualitative Criminology (QC)

"Cloward and Ohlin’s (1960) differential opportunity theory made several significant contributions to criminology, including the emphasis on illegitimate means and the idea that social structure influences criminal opportunity. The problem, however, is that the field largely misinterpreted Cloward and Ohlin’s intent as a simple variation of strain theory instead of a critical refinement of the existing perspective. Generally, the theory has not received much scholarly attention in terms of testing of its key propositions. Using semi-structured personal interviews with 105 active residential burglars in St. Louis, Missouri during 1989- 1990, the current study uses qualitative measures to analyze differential opportunity …

Interviewing Cybercrime Offenders, Alice Hutchings, Thomas J. Holt

Qualitative Criminology (QC)

"Research on cybercrime offending and victimization has increased dramatically over the past two decades, though qualitative scholarship on more technical offenses such as computer misuse has not kept pace with this broader trend. This research aims to identify potential best practices for researchers considering qualitative interviews as a method for researching computer misuse offenses, more commonly involving hacking techniques. The authors interviewed six experienced researchers who conducted qualitative examinations of active or incarcerated cybercriminals to understand their common experiences with recruitment, ways in which they interviewed research participants, ethical issues, and publishing their research. This analysis explores the difficulties associated …

The Life Course Of Female Homicide Offenders: The Context Of Turning Points, Alesa Liles

Qualitative Criminology (QC)

"Although research on female offending has grown in the past few decades, the criminal justice system has remained inadequate in addressing the needs of women. Available research shows some experiences play a significant role in the lives of women that differ from men. To elaborate, this study sought to incorporate life course perspective and the individual’s perspective to show that context is fundamental to life course research. This study identified life events and turning points specific to female homicide offenders and validated the necessary incorporation of perception and attribution to future research with life course perspective."

Culture, Socialization, And Firearms Violence In The United States, Jennifer L. Lanterman, Sarah J. Blithe

Qualitative Criminology (QC)

"Firearm violence persists in the United States despite innumerable social, political, and economic changes throughout the 20th and early 21st centuries. Collaborative Event Ethnography was used at seven gun shows in three regions of the United States to explore childhood socialization into firearm culture via intergenerational communication of values and views regarding violence, safety, and the use of firearms. Children were observed at all gun shows engaged in activities ranging from standard play to potentially dangerous activity in an environment characterized by bias and controversy. The findings support social learning theory and provide some insight into the role of culture …

Preliminary Investigation Of Pharmaceutical Counterfeiters In The United States, Jay P. Kennedy, Ksenia Petlakh, Jeremy M. Wilson

Qualitative Criminology (QC)

Pharmaceutical counterfeiting is one of the most pressing public health concerns in the United States and abroad, and recently an increasing amount of scholarly attention has been given to this issue. However, the extant literature lacks a systematic investigation of the specific roles undertaken within pharmaceutical counterfeiting schemes. We attempt to address this knowledge gap through an analysis of individuals convicted in federal court of counterfeiting offenses related to U.S.-based pharmaceutical counterfeiting incidents. From our investigation we identified six distinct roles that can classify an individual’s involvement in a pharmaceutical counterfeiting scheme: Key/Lead, Supporting, Sales/Distribution to Legitimate Others, Sales/Distribution to …

Consumer Protection Against Unfair Commercial Practices In The Light Of The Request For A Preliminary Ruling From The Supreme Court (Poland) – Case C-628/17 Orange Polska S.A., Katarzyna Lis-Zarrias

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

In September of 2017, the Polish Supreme Court requested a preliminary ruling from the CJEU on the interpretation of Article 8, in conjunction with Articles 9 and 2(j), of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (case number: C – 628/17 Orange Polska S.A.). In the context of the questions referred to the CJEU, this article aims to draw attention to the importance of the circumstances of a given case, which have impact on the decision of a national court deciding on the character …

Report On The Conference ‘Intellectual Property Law – Competition – New Technologies’, Warszawa, 24.04.2018, Adrianna Michałowicz, Agata Sobusiak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Domestic Violence And International Child Abduction At The Border Of Canadian Family And Refugee Law, Michelle Hayman

Journal of Law and Social Policy

This article explores the problematic interaction of the Hague Convention on the Civil Aspects of International Child Abduction with refugee law in Canada, particularly where domestic violence by the left-behind parent is alleged. It discusses how Canadian family courts, primarily in Ontario, have treated concurrent refugee claims when deciding Hague Convention applications. As well, it explores the operation of international child abduction law in Canadian refugee determinations where domestic violence is alleged. The article concludes by offering suggestions about legal and policy changes which could help reduce the unfair burden the interaction of these legal regimes places on family members …

Boyd Briefs - Sep. 14, 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: September 14, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Ekow N. Yankah
• Kate Shaw
• Richard Weisberg
• Matthew Seligman
• Faraz Sanei
• Michael Wildes

Events:

• WE Legal: Protect Your Ideas From Pre-Startup to Launch
• China IP Road Show: What New York Businesses Need to Know
• A Festschrift in Honor of Professor Arthur Jacobson
• The Story of the Repeal of "Don't Ask, Don't Tell" and of How the Military Did ADR Proud

Chandler V. Mississippi: Brief Of Amici Curiae Current And Former Prosecutors, Department Of Justice Officials, And Judges In Support Of Petitioner, Barbara L. Mcquade

Appellate Briefs

Amici are current and former federal, state, and local prosecutors, Department of Justice officials, and judges with experience prosecuting, establishing policy for prosecuting, and sentencing for violent crimes, including those committed by juveniles. Amici recognize the importance of fair and proportionate sentencing to the credibility of the criminal justice system and the need to balance the impact of the crime on victims and survivors with the characteristics of the offender, including youth and the possibility of rehabilitation. Amici believe that states have an obligation to provide minimal procedural safeguards to effectuate this Court's direction to reserve the ultimate penalty of …

Defense And Desert: When Reasons Don’T Share, Kimberly Kessler Ferzan

San Diego Law Review

Assume Culpable Aggressor threatens Innocent Victim with a knife. Victim is stronger than Culpable Aggressor and is able to defend herself by punching Culpable Aggressor in the face, causing him to stumble back and drop the knife. Not only was this action necessary, but also Victim believed it to be so to save her life.

I take it that this is an uncontroversial case of self-defense. My question is whether this is also a case of punishment. Uwe Steinhoff suggests that it might be. Indeed, he states that “nothing hinders an act from being both punitive and defensive. In fact, …

The Vindication Of Good Over Evil: “Futile” Self-Defense, Douglas Husak

San Diego Law Review

The burgeoning self-defense literature, like that in most areas of moral and legal philosophy, typically begins with and seeks to rationalize our intuitions. I submit that the intuitive judgment of virtually all respondents, at least initially, is that IV is permitted to exercise her right of self-defense, however futile, and scratch WA. This intuition, I believe, is incredibly powerful and robust; I certainly have it myself. Yet quite a few philosophers and legal theorists contend IV is not permitted to employ futile self-defense against WA. Presumably, they believe IV must passively accept her fate without injuring WA. Why hold this …

Replies, Uwe Steinhoff

San Diego Law Review

Many philosophers who write on self-defense tend to ignore the self-defense discussions offered by legal scholars, and accordingly they often ignore the law or pay insufficient attention to it. In my experience, this attitude stems from a misperception of legal scholarship as some kind of positivistic interpretation of legal documents and as positive law being irrelevant for deciding what the morally right answer to the issues raised by self-defense are. I find this attitude deplorable because legal scholarship, especially in the field of criminal law, is more often than not straightforward moral philosophy; and criminal law especially gives expression to …

The Right To Cause Harm As An Alternative To Being Sacrificed For Others: An Exploration Of Agent-Rights With A Special Focus On Intervening Agency, Alec Walen

San Diego Law Review

My strategy for defending the right of non-sacrifice and the connected agent–patient inference is to move through a series of cases, starting with easy cases—clearly permissible acts of non-sacrifice—and moving to more controversial ones. The controversial cases are those in which intervening agency is central to explaining why an agent should have the right of non-sacrifice. My argument will not simply be an attempt to explain intuitions. I take the intuitions on the easy cases to be reliable, but once we move to controversial cases, I think moral intuitions become unreliable. My argument fundamentally trades on two thoughts: (1) there …

Report On The Symposium ‘25 Years Of The Act On Combating Unfair Competition’, Łódź, 16.03.2018, Agata Sobusiak, Alicja Tarkowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

V.55-2, 2018 Masthead

San Diego Law Review

No abstract provided.

The Need To Attend To Probabilities—For Purposes Of Self-Defense And Other Preemptive Actions, Larry Alexander

San Diego Law Review

I was not certain I was going to write something for this symposium. After all, I had written a lot on the topic of self-defense, so what was there left to say that I had not said before? I have concluded, however, after reading a new generation of literature on self-defense, that most who write on the topic neglect its perhaps most important aspect, namely, that it is a preemptive action. As a preemptive action, self-defense perforce takes place before the attack to which it is a response occurs. This preemptive aspect of self-defense brings with it a nest of …