Law Commons^™

The Devil In Recent American Law, L. Joe Dunman

Pace Law Review

Despite its secular aspirations, the American legal system is permeated by Christian and other religious ideas. One of the religious ideas that frequently appears in recent American law is the devil—the unholy antithesis of all that is good in the world. Called by many names, such as Satan, Lucifer, or the Antichrist, the devil is no stranger to the United States court system. The devil arises from the hot depths primarily in five contexts: (1) as a source of injury to reputation in defamation cases; (2) as a prejudicial invocation made during criminal trials to secure conviction, harshen sentences, or …

Domicile In Multistate Personal Income Tax Residency Matters: Enter The Swamp At Your Own Peril, Scott R. Thomas

Pace Law Review

This Article argues that states should remove the domicile concept from the definition of a resident and rely solely on an objective test or tests. Part I of this Article defines the terms resident and domicile using examples from the laws of Massachusetts, Minnesota, and New York. Part II discusses the problems created for individuals and state taxing authorities in the application of a subjective standard, the burden and standard of proof applied, and the domicile or residency bias of states. Part III describes how Congress defines a resident of the United States and the rationale behind Congress’s movement away …

Humanizing Work Requirements For Safety Net Programs, Mary Leto Pareja

Pace Law Review

This Article explores the political and policy appeal of work requirements for public benefit programs and concludes that inclusion of such requirements can be a reasonable design choice, but not in their current form. This Article’s proposals attempt to humanize these highly controversial work requirements while acknowledging the equity concerns they are designed to address. Drawing on expansive definitions of “work” found in guidance published by the Centers for Medicare and Medicaid (“CMS”) and in various state waiver applications, this Article proposes that work requirements be approved for Medicaid (as well as other benefit programs) only if they encompass various …

Unreasonable Revelations: God Told Me To Kill, Linda Ross Meyer

Pace Law Review

This Article focuses on one extreme example of the law’s response to unreasonable revelations that is starkly presented in a series of unsettling murders: those involving criminal defendants who claim they committed their crime because God told them to do it—known as “deific decree” cases. This example of the conflict between revelation and reason tests the limits of law’s ability to understand and countenance revelation when the stakes are highest. The deific decree cases also present the hardest epistemological problems, because the defendant claims that the experience of God’s command is self-authenticating—a position fundamentally at odds with both scientific and …

A Primer On Disability Discrimination In Higher Education, Laura Rothstein

Brandeis School of Law Faculty Scholarship

This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These …

Week Of September 9, 2019 - September 13, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo American Constitution Society (ACS)
• Cardozo Art Law Society
• Cardozo Blockchain Project
• Cardozo Fashion Law Society
• Cardozo Institutional Advancement
• Cardozo Office of Student Services & Advising
• Cardozo OUTLaw
• Cardozo South Asian Law Students Association (SALSA)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Women in Tech Law

Mmu: 09/09/19–09/15/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• SBA store hours
• Student Animal Legal Defense Fund Introductory Meeting
• Galilee Informational Meeting
• SCELF Introductory Meeting
• Daily Commons Menu Specials
• Daily Mass schedule
• London Law Information Session
• CDO Speaker on Litigation: John Moore
• SBA All-School Meeting
• London Law pre-departure session
• London Law Q&A Drop-in Session with Professor Addo
• 1L & 3L Class Rep Elections
• SCELF to host Matt Saur–speaking on big law/sports
• Married & Engaged Law Students Organization dessert social
• Judge Watford of the U.S. Court of Appeals for the Ninth Circuit will speak about Civil Discourse and the Federal Judiciary
• CDO Speaker on Transactional Practice …

Vol. 57, No. 03 (September 9, 2019)

Indiana Law Annotated

No abstract provided.

Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.

A Discussion Of Value Metrics For Data Repositories In Earth And Environmental Sciences, Cynthia Parr, Corinna Gries, Margaret O’Brien, Robert R. Downs, Ruth Duerr, Rebecca Koskela, Philip Tarrant, Keith E. Maull, Nancy Hoebelheinrich, Shelley Stall

Copyright, Fair Use, Scholarly Communication, etc.

Despite growing recognition of the importance of public data to the modern economy and to scientific progress, long-term investment in the repositories that manage and disseminate scientific data in easily accessible-ways remains elusive. Repositories are asked to demonstrate that there is a net value of their data and services to justify continued funding or attract new funding sources. Here, representatives from a number of environmental and Earth science repositories evaluate approaches for assessing the costs and benefits of publishing scientific data in their repositories, identifying various metrics that repositories typically use to report on the impact and value of their …

Adoption Of A Second Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women As A Means Of Enhancing Lgbt Rights, Kellie Bruney

DePaul Journal of Women, Gender and the Law

No abstract provided.

Tonic Immobility: The Fear-Freeze Response As A Forgotten Factor In Sexual Assault Laws, Moriah Schiewe

DePaul Journal of Women, Gender and the Law

No abstract provided.

Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier

DePaul Journal of Women, Gender and the Law

No abstract provided.

Purpose Trusts As A Planning Tool For The 21st Century, Thomas Simmons, Brad Myers

Faculty Publications

No abstract provided.

Mediating Suffering: Buddhist Detachment And Tantric Responsibility In Michael Ondaatje’S Anil’S Ghost, Justin M. Hewitson

CLCWeb: Comparative Literature and Culture

In “Mediating Suffering: Buddhist Detachment and Tantric Responsibility in Michael Ondaatje’s Anil’s Ghost,” Justin Hewitson argues that the global mediation of suffering following human rights abuses creates the offender-victim binary. The way in which moral judgments drive urgent peacemaking is seldom connected to long-term victimhood narratives. This psychology can exacerbate cyclical patterns of anger, exploitation, and violence by deferring responsibility. Ondaatje’s controversial novel, Anil’s Ghost, which reflects these charged accusations, refuses to settle blame on any side of the Sri Lankan conflict; instead, it offers the troubling recognition that offenders, victims, and mediators are all causal agents. Hewitson …

Ohlj Special Issue: Reforming Defamation Law In The Age Of The Internet, Jamie Cameron

Osgoode Hall Law Journal

Even as technology transforms the world of communication—as it has over the course of history—defamation law remains strangely impervious to change. True enough, the law has evolved over time, indeed centuries, but seems as beholden as ever to an archaic muddle of backwater rules and concepts. It is disappointing, for instance, that the law arguably worsened after the Supreme Court of Canada considered the status of defamation under s.2(b) of the Charter of Rights and Freedoms, which guarantees expressive freedom. Doctrinal corrections were slow and even then served in the main to bring Canada abreast of jurisprudential developments in Commonwealth …

Book Review: Paradigms Of International Human Rights, By Aaron Xavier Fellmeth, Eric Freeman

Osgoode Hall Law Journal

Aaron Xavier Fellmeth's Paradigms of International Human Rights Law makes an important contribution to the scholarship on international human rights law (IHRL). In the introduction, Fellmeth begins by noting that previous scholarly literature on IHRL has often focused on the content and enforceability of human rights, but that the broader structure and framing of human rights has been undertheorized. With that in mind, Fellmeth identifies that the first purpose of his book “is to begin a structural critique of some of [the] systemic features of IHRL.” The second purpose is “to make some progress in bridging moral theory with legal …

Noe Arreguin-Leon, Appellant, V. Hadco Construction, Llc, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Couurt of Appeals Appeal from Fourth Judicial District Court, Utah County, Honorable Fred D. Howard, District Court No. 130400816, Utah Court of Appeals No. 2016092-CA

What Should States Do About Incentives?, Timothy J. Bartik

Presentations

No abstract provided.

(In Re Guardianship Of Carmen Wittler) Wittler V. Wittler, 135 Nev. Adv. Op. 31 (Aug. 01, 2019), Mckay Holley

Nevada Supreme Court Summaries

No abstract provided.

Castillo V. State, 135 Nev. Adv. Op. 16 (May. 30, 2019), E. Sebastian Cate-Cribari

Nevada Supreme Court Summaries

The Court determined that (1) a defendant is death-eligible in Nevada once the State proves beyond a reasonable doubt the elements of first-degree murder and at least one statutory aggravating circumstance; and (2) the beyond-a-reasonable-doubt standard does not apply to the weighing of aggravating and mitigating circumstances.

Resources Group, Llc V. Nevada Association Services, Inc., 135 Nev. Adv. Op. 8 (Mar. 14, 2019), Alfa Alemayehu

Nevada Supreme Court Summaries

The Court determined that each party in a quiet title action has the burden of demonstrating superior title. Further, once a bid is accepted and payment is made, the foreclosure sale is complete and title vests in the purchaser, and the person conducting the sale does not have discretion to refuse issuing the foreclosure deed. Lastly, the correct standard for determining whether to set aside a sale on equitable grounds is whether there has been some showing of fraud, unfairness, or oppression affecting the sale.

Daisy Trust V. Wells Fargo Bank, N.A., 135 Nev. Adv. Op.30 (Jul. 25, 2019), Julia Armendariz

Nevada Supreme Court Summaries

The Court determined that (1) NRS § 106.210 and NRS § 111.325 do not require a beneficiary to be identified on the publicly recorded deed of trust to establish ownership interest in the subject loan and (2) a loan service agreement or an original promissory note is not required to by the loan servicer to assert the Federal Foreclosure Bar on another’s behalf so long as properly authenticated business records can establish the ownership interest and (3) The Federal Foreclosure Bar preempts NRS § 116.3116(2) and prevents an HOA foreclosure sale from extinguishing the first deed of trust.

Tricarichi V. Coöperatieve Rabobank, 135 Nev. Adv. Op. 73175 (May 2, 2019), John Bays

Nevada Supreme Court Summaries

The Court determined that (1) Walden v. Fiore did not overrule Davis v. Eighth Judicial Dist. Court, meaning that Nevada, under its long-arm statute, recognizes conspiracy-based theory personal jurisdiction and utilizes the conspiracy jurisdiction test as laid out in Gibbs v. Prime Lending and (2) Tricarichi failed to establish personal jurisdiction under either specific or conspiracy theory personal jurisdiction due to an inability to provide sufficient evidence connecting the respondents actions to Nevada.

State Dep’T Of Corr. V. Ludwick, 135 Nev. Adv. Op. 12 (May 2, 2019), Tayler Bingham

Nevada Supreme Court Summaries

The Court determined that (1) a hearing officer must also give deference to the agency’s determination that a crime is so serious that termination serves the public good, even when the agency has no published regulation dictating that outcome, and (2) an administrative hearing officer committed a clear error of law in relying, in any way, upon an invalid regulation to review an agency’s determination to terminate for a first-time disciplinary action.

City Of Reno V. Joy Yturbide, 135 Nev. Adv. Op. 14 (May 2, 2019), Gabrielle Boliou

Nevada Supreme Court Summaries

The Court held that a compensation insurer may not reduce the 25 percent limit on lump-sum payments for an employee’s permanent disability award on different subsequent injuries. The court affirmed the district court’s denial of appellants’ petition for judicial review.

Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan

Nevada Supreme Court Summaries

The Court found that (1) strict compliance with contract notice requirements is unnecessary if the defaulting party receives actual notice and no prejudice resulted from failure to comply strictly with the contract terms; and (2) a party is not necessary under NRCP 19 unless the other parties to the litigation cannot obtain complete relief in that party’s absence.

Kim V. Dickinson Wright, Pllc, 135 Nev. Adv. Op. 20, 442 P.3d 1070 (Jun. 13, 2019), Elizabeth Davenport

Nevada Supreme Court Summaries

The Court reversed the district court’s order granting the motion to dismiss and determined 28 U.S.C. § 1367(d), the statute of limitations for a state-law claim filed in federal court, stops running only while the claim is pending in federal court and for 30 days after the state-law claim’s dismissal. Further, Nevada’s litigation malpractice rule, which does not apply to non-adversarial or transactional representation, or before the attorney files a complaint, tolls a litigation malpractice claim’s statute of limitations until the underlying litigation is resolved and damages are certain, preserving the statute of limitations under NRS 11.207(1) which requires a …

Boesiger V. Desert Appraisals, Llc, 135 Nev. Adv. Op. 25 (July 3, 2019), Jeff Garrett

Nevada Supreme Court Summaries

The Court held that Appellants provided insufficient evidence to show that Respondents had a duty to Appellant or breached their duty to Appellant. The Appellants failed to provide the required expert testimony necessary for a case concerning the professional conduct of a profession whose standards and procedures are not known to the public. Additionally, because the contract between the Appellants and the Respondents did not expressly name the Appellants as third-party beneficiaries, the Appellants do not have standing to request the contract be enforced.

Cameron V. Eighth Judicial Dist. Court In & For Cty. Of Clark, 135 Nev. Adv. Op. 28, 445 P.3d 843, Manuel Gurule

Nevada Supreme Court Summaries

Timmie Cameron filed a writ of mandamus challenging the district court’s ruling to increase both his bail from $25,000 to $100,000 and his level of monitoring from mid-level electronic monitoring to house arrest.The Court ruled the district court did not establish a good cause to warrant the bail increase and writ relief was granted.