Law Commons^™

Measuring Brief (Organization Of Disappearing Island Nations, Apa Mana, And Noah Flood), Tess Pocock, Sheridan Schuessler

Pace Environmental Law Review Online Companion

No abstract provided.

2019 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.

2019 Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.

Unconstitutional Or Just Unworkable? The Life And Death Of A Prohibition On Floor-Crossing In Fletcher V The Government Of Manitoba, Andrew Martin

Articles, Book Chapters, & Popular Press

Fletcher v the Government of Manitoba is the first reported challenge to a floor-crossing prohibition under the Canadian Charter of Rights and Freedoms. This case comment begins with the legislative history of the challenged provision and then provides an overview and critique of the reasons in Fletcher. Against this backdrop, it then reflects on the lessons of the case in two respects. The first is the difficulty in translating a policy idea into legislation – specifically, defining the conduct to be prohibited and determining the appropriate deterrent or penalty for breach. The second respect is the government’s role in …

The Language Development In Indonesian Presidential Decrees, Desty Wulandari, Frans Asisi Datang

International Review of Humanities Studies

President has an authority to establish policies in order to run the government, one of which is through Keputusan Presiden Republik Indonesia (Indonesian Presidential Decree). As written documents, the Decrees have language development which can be seen from the writing patterns. Therefore, this study aims to examine the writing patterns of Decrees from time to time to support forensic linguistic study, such as document forgery analysis. We took sixteen Presidential Decrees from 1945 to 2018 as the data then analyzed them by using qualitative method. The data were obtained from the National Archives of the Republic of Indonesia and the …

Has The "M" Word Been Framed? Marijuana, Cannabis And Public Opinion, Robert A. Mikos, Cindy D. Kam

Vanderbilt Law School Faculty Publications

Over the past two decades, a growing cadre of US states has legalized the drug commonly known as “marijuana.” But even as more states legalize the drug, proponents of reform have begun to shun the term “marijuana” in favor of the term “cannabis.” Arguing that the “M” word has been tainted and may thus dampen public support for legalization, policy advocates have championed “cannabis” as an alternative and more neutral name for the drug. Importantly, however, no one has tested whether calling the drug “cannabis” as opposed to “marijuana” actually has any effect on public opinion. Using an original survey …

Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti

International Review of Humanities Studies

This study analyzes the term of address ustad in Indonesian culture. Indonesia’s religious-themed movies may represent the use of the term of address ustad in daily conversation. In particular, this study aims to describe the patterns of form, the patterns of use, and the social values of the term of address ustad in film utterances. The data of the term of address ustad and its contexts are collected from the utterances in Indonesia’s four Islamic-themed movies. This descriptive qualitative study uses sociopragmatics approach in identifying the functions of the term of address in film discourse. The context of the utterances …

Knick V. Township Of Scott, Alizabeth A. Bronsdon

Public Land & Resources Law Review

The Supreme Court overruled a 34-year-old precedent and sparked a sharp dissent by holding that a landowner impacted by a local ordinance requiring public access to an unofficial cemetery on her property could bring a takings claim directly in federal court. The decision eliminated a Catch-22 state-litigation requirement that effectively barred local takings plaintiffs from federal court, but raised concerns about government land use and regulation, judicial federalism, and the role of stare decisis.

Herrera V. Wyoming, Dylan M. Jaicks

Public Land & Resources Law Review

Stemming from the conviction of a Crow tribal member for illegal hunting, Herrera v. Wyoming reignited long-running questions concerning treaty abrogation and precedent. In an effort to clarify conflicting case law, the Supreme Court upheld the Crow Tribe’s reserved hunting rights and rejected the argument that statehood extinguished such rights.

Sturgeon V. Frost, Layne L. Ryerson

Public Land & Resources Law Review

After two trips to the United States Supreme Court, an Alaskan moose hunter secured motorized access to his hunting ground while establishing Alaska as the exception, rather than the rule, regarding federal land management. In a much-anticipated holding, the Court determined that the surface waters of the Nation River within the Yukon-Charley Rivers National Preserve qualify as “private” land and therefore fall beyond the control of the National Park Service. The decision stripped the Park Service of normal regulatory authority over navigable waters within Alaska’s national parks, prompting a concurrence urging Congress to clarify resulting ambiguities.

League Of Conservation Voters V. Trump, Adam W. Johnson Mr.

Public Land & Resources Law Review

A consortium of environmental groups brought suit challenging an executive order opening millions of acres of continental shelf lands to oil and gas leasing. The Court held that the President’s actions exceeded his statutory authority and intruded on Congress’s power under the Property Clause, violating the separation of powers doctrine.

State Of Utah, Plaintiff/ Appellee V. Shane Patrick Samora, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Attorney at Law, Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Shane Patrick Samora, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN THE THIRD JUDICIAL DISTRICT COURT

Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Attorney at Law, Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Dustin Lee Fleming, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

THE FIFTH DISTRICT COURT, IRON COUNTY, STATE OF t UTAH, FROM THE SENTENCE, JUDGMENT, AND COMMITMENT ON ONE COUNT OF AGGRAVATED ASSAULT, A THIRD DEGREE FELONY, ANDONE COUNT OF FURNISHING ALCOHOL TO A MINOR, A CLASS A MISDEMEANOR, ENTERED ON JANUARY 28, 2019, BEFORE THE HONORABLE JUDGE MATTHEW BELL

SEAN REYES, Utah Attorney General, Counsel for Appellee

LEAH J. ASTON (15989), Counsel for Appellant

Law School News: Rwu Law Student Has Posted Over 100 Motivational Post-It Notes On Student Lockers 10-30-2019, Xaviea Brown

Life of the Law School (1993- )

No abstract provided.

A Private Enforcement Remedy For Information Misuse, Peter Ormerod

Faculty Publications

Misuse of users’ personally identifiable information is persistent and pervasive. This Article addresses two questions: why is information misuse so common and so severe and how could domestic law change to make it less so? I use a simple model to illustrate that companies externalize information misuse costs onto users, which has two related but distinct effects: chronic underinvest- ment in information security and excessive retention of user data. I then seize on this observation to propose a specific legal vehicle at the heart of this Article—a private enforcement remedy. This private enforcement remedy has four essential features. First, the …

Thinking Outside The Checkbox: Examining The Benefits Of Depression In The Workplace, Tyler L. Jensen

Intuition: The BYU Undergraduate Journal of Psychology

No abstract provided.

Cape Town Animal Conference, South Africa, Andrew N. Rowan

WellBeing News

The second Cape Animal Conference was held at the University of Cape Town in September, 2019. The conference theme focused on animal law development in the country but there was a broad mix of topics covered during the two days of the event.

The Effects Of Criminal Embeddedness On School Violence In Brazil, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins, Elenice Desouza Oliveira

Department of Justice Studies Faculty Scholarship and Creative Works

This study examines the influence of criminal embeddedness on the intensity of criminal behavior among primary and secondary school students in a large Brazilian city. A database conceived by the Center for the Study of Crime and Public Security at the Federal University in Minas Gerais is used to analyze the involvement of youths displaying delinquent behavior at home or at school and how school performance and peer relationships are effected. Based on differential association and learning theories, the main hypotheses are (1) the greater the criminal embeddedness, the lower the degree of school satisfaction as well as future expectation …

Mmu: 10/28/19–11/03/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Monday Message from President Patel
• Professor Series: Legal & Policy Issues in Intercollegiate Athletics–Professor Tricia Bellia
• IPLS: The Unconstitutionality of Overlapping Trade Dress and Design Patent Protection
• Institute for Justice: Litigating for Liberty
• Academic Success Workshop
• Remain in Mexico: How Tent Courts Fail Asylum Seekers and Abandon Due Process
• Daily Commons Menu Specials
• Daily Mass Schedule
• Women of Color in Law
• A Conversation with Klau Center for Civil & Human Rights Fellows
• SBA Power Lunches
• Morning Prayer with CLS
• Public Interest Jobs: Summer and Postgraduate Timeline
• Transitioning from Private Practice to Government and Back Again
• Notre …

Vol. 57, No. 09 (October 28, 2019)

Indiana Law Annotated

No abstract provided.

Week Of October 28, 2019 - November 1, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo American Constitution Society (ACS)
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo Federalist Society
• Cardozo Intellectual Property and Information Law Program
• Cardozo International Comparative, Policy & Ethics Law Review
• Cardozo Law Student Bar Association
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Louis D. Brandeis Center for Human Rights Under Law (LDB)
• Public Interest Law Advocacy Week (P*LAW)

Discarding Old Prejudices: Judicial Precedent And Aboriginal Title, Kent Mcneil

Conference Papers

This talk on judicial precedent and Aboriginal title combines legal history and current law. The legal history is important because it informs the current law. It also reveals the racism in Canadian law that retarded the development of the concept of Aboriginal title until the 1970s.

My discussion of the early case law focuses on St. Catherine’s Milling and Lumber Co. v. The Queen, decided by the Privy Council in 1888. It was the leading judicial precedent on the source and content of Aboriginal title right up to the Supreme Court of Canada’s 1973 decision in Calder v. Attorney …

October 27, 2019: The Shooter And The Death Penalty, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Shooter and the Death Penalty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Fourth African International Economic Law Network Biennial Conference Symposium, Olabisi D. Akinkugbe, Regis Y. Simo, Luwam Dirar, Ohio Omiunu

Articles, Book Chapters, & Popular Press

In July 2019, the African International Economic Law Network (AfIELN), held its Fourth Biennial Conference under the theme “Africa and International Economic Law in the 21st Century” at the Strathmore University Law School (Nairobi, Kenya). This symposium contains some of the papers presented at this conference in their abridged forms. Before introducing the authors’ views on this Conference’s broader theme, we provide the important context under which the Conference took place.

The AfIELN Fourth Biennial Conference came at a time when the African Union Members had just launched the operational phase of the African Continental Free Trade Area (AfCFTA), whose …

Open Source’S New Hard Problem: Calls For Standard Licenses For Open Source Hardware, Ivan Wang

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The term “Open Source” is often associated with the vibrant tech community of developers and entrepreneurs. Thanks to the popularity and the media coverage of software tech startup companies, the public usually treats “Open Source” synonymously with “Open Source Software.” Despite its apparent defiance to many aspects of intellectual property law, Open Source Software is practically a specific application of intellectual property law that it “allows recipients to use the software without restriction, examine the source code, change the software, and make further distributions of the original or modified software to other recipients.”More importantly, it also mandates that any recipients …

Maine Law Requires Cable Providers Offer An À La Carte Option For Television Channels, Amanda Guzman

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

This past February, Maine passed a new law in an attempt to require cable providers to allow customers to purchase cable channels à la carte. This law came after Maine Representative Jeffery Evangelos talked with Maine residents during his campaign. Representative Evangelos learned that many people were no longer able to afford cable television packages. The biggest complaint from those that he spoke with was that they could no longer afford to watch Boston Red Sox games as the cable packages that provided the channel that aired the games were just too expensive.

This post was originally published on the …

Freedom Of Expression, Libel And Insult And Compensation Of Damage, Florim H. Shefqeti

UBT International Conference

Freedom of expression is a fundamental human right, this right is guaranteed by the domestic law the legislation of the Republic of Kosovo and with international documents. In the Republic of Kosovo, this institute has been regulated through the Constitution of Kosovo where Article 40 stipulating that this right includes the right to express, to distribute and receive information, thoughts and other messages, without being obstructed by anyone, and that this right can only be limited by the Law.

Through international documents it is determined that this right belongs to the group of fundamental human rights, so that freedom of …

Protection Of Privacy And Banking Secrecy In Swiss Banking, Bashkim Nuredini, Vesna Paunkoska Dodevska

UBT International Conference

Despite being one of the most developed and regulated countries in the world, Switzerland is also considered to be the leading financial center in the world. Everyone agrees with the fact that banking is one of the most recognizable activities in Switzerland, and also places it among the most important international financial centers with a long tradition, stretching back to medieval times.

Swiss banking is a synonym for a banking system in which the principle of secrecy in banking is widely used. Banking secrecy as an established practice is based on the fact that customer data is kept secret for …