Law Commons^™

The Inability To Self-Diagnose Bias, David Yokum, Christopher T. Robertson, Matt Palmer

Denver Law Review

No abstract provided.

Medical Malpractice Reform: What Works And What Doesn't, W. Kip Viscusi

Denver Law Review

No abstract provided.

Reflections Of Representing Incarcerated People With Disabilities: Ableism In Prison Reform Litigation, Jamelia N. Morgan

Denver Law Review

No abstract provided.

Are We Driven By Data?: The Problem Of Bad Doctors, David A. Hyman

Denver Law Review

No abstract provided.

Using The Ada’S “Integration Mandate” To Disrupt Mass Incarceration, Robert D. Dinerstein, Shira Wakschlag

Denver Law Review

No abstract provided.

Ideology And Risk Focus: A Preliminary Exploration Of The Effect Of Judicial Ideology On Risk Focus In Supreme Court Opinion Construction, Gordon Ballingrud, Caitlein Jammo

Denver Law Review

No abstract provided.

Law School News: Millennial Law 08-21-2019, Dick Dahl

Life of the Law School (1993- )

No abstract provided.

Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein

International Law Studies

Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …

Recent Developments: The Right To A Fair Cross-Section Of The Community And The Black Box Of Jury Pool Selection In Arkansas, Raelynn J. Hillhouse

Arkansas Law Review

A Washington County, Arkansas court conducted a hearing on October 15, 2018 on a criminal defendant’s motion to compel discovery to assure a fair and accurate cross-section of the community for the jury as guaranteed by the United States and Arkansas Constitutions. At the hearing, the jury coordinator for the Circuit Clerk’s office testified that counties may elect to use a state-sponsored jury selection computer program, or they may use proprietary programs. Washington County uses a proprietary computer program to select the jury pool from a list of registered voters. The clerk described how her office takes an extra step …

August 20, 2019: Change Point In The Culture, Bruce Ledewitz

Hallowed Secularism

Blog post, “Change Point in the Culture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …

Even President Obama Makes Mistakes: Why Expansion Of The Cascade–Siskiyou National Monument Was Improper, Leila Javanshir

Seattle University Law Review

In 2000, President Clinton created the Cascade–Siskiyou National Monument to protect the Klamath and Siskiyou ecoregions that are home to a variety of rare and endemic plant and animal species. Later, on January 12, 2017, President Obama expanded the Cascade–Siskiyou National Monument, but timber industry representatives and Oregon counties have challenged this expansion because approximately forty thousand of the additional acres were previously reserved for permanent forest production under the Oregon and California Lands Act of 1937. This Note discusses the creation and expansion of this Monument, elaborating on its history and the purposes behind it, and sets forth the …

Domestic Asset Protection Trusts: Ushering In The Klackaba Era, Cheyenne Vankirk

Seattle University Law Review

The growth in the U.S. economy has allowed Americans to increase their savings--but how? A novel approach has emerged in seventeen states: domestic asset product trusts (DAPTs). DAPTs are self-settled spindthrift trusts that allow the settlor to retain a beneficial interest in the trust while removing it from the reach of future creditors. Through the lens of the favorable ruling in Klackaba v. Nelson, this Note addresses why DAPTs should be regarded as an effective method of protecting a settlor’s money and argue for more states to follow suit.

The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley

Seattle University Law Review

Mass violence and third-party criminal acts are increasing in prevalence, and Washington State's current prior incidents liability analysis does not fully address public policy concerns of safety. This Comment argues for an expansive standard of the definition of character of the business that incorporates a sociological understanding of the effects of an atmosphere of crime. It provides an overview of the various state analyses for determining liability for third-party criminal conduct and breaks down how states have incorporated the concept of character of the business as a factor in liability analysis, ultimately turning to a discussion of how the implementation …

A Skidmore-Style Deference For Banking Preemption, John L. Rockenbach

Nebraska Law Bulletin (Selected Issues)

In this paper I argue that courts should give agencies a Skidmore-style deference instead of giving agencies Chevron deference or applying a clear statement rule when the agencies interpret a federal banking law as preempting state law. In Part II, I provide some background for my argument by explaining three standards of deference that a court might apply to an agency determination that state law is preempted and by tracing the most recent Supreme Court case to implicate deference to agencies on preemption. In Part III, I present my argument. I first assert that the two alternatives to Skidmore deference …

Spencer Lundell, Appellant, Vs., Hurricane City, And Hurrincane City Police Department, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Hurricane Civil Service Commission Findings of Fact, Conclusions of Law and Order in re Discipline of Spencer Lundell, Hurricane City Police Department

R. Blake Hamilton, DURHAM JONES & PINEGAR, P.C., Attorney for Appellee

Jeremy G. Jones (No. 14689), Richard R. Willie (No. 16987), NELSON JONES, PLLC, Attorneys for Appellant

Spencer Lundell Appellant V. Hurricane City, And Hurrincane City Police Department Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

R. Blake Hamilton, Attorney for Appellee

R. Blake Hamilton, Attorney for Appellee

Jeremy G. Jones (No. 14689), Richard R. Willie (No. 16987), Attorneys for Appellant

August 18, 2019: How Unfriendly Is The Internet?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Unfriendly Is the Internet?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Contract Law And The Liberalism Of Fear, Nathan B. Oman

Faculty Publications

Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. There are, however, many strands of liberal thought and which of them best justifies contract is a difficult question. In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller offer a vision of contract based on autonomy. Drawing on the work of Joseph Raz, they argue that extending autonomy should be the law’s primary concern, which requires that we extend the range of contractual choices available. While there is much to admire in their work, I argue that autonomy as conceived by Dagan and Heller …

Ninth Circuit Stays Part Of Injunction Against Third Country Asylum Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Geolocation Of Political Protests In Nicaragua, Jacob Boyer

The Journal of Purdue Undergraduate Research

No abstract provided.

Impact Of Pesticide Regulation On Innovation In The United States And European Union, Brooke D. Schafer

The Journal of Purdue Undergraduate Research

No abstract provided.

August 15, 2019: What Would “Bends Toward Justice” Mean To Doris Lessing?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Would “Bends Toward Justice” Mean to Doris Lessing?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interest Deductibility And International Taxation In Canada After Beps Action 4, David G. Duff

All Faculty Publications

Among the ways in which multinational enterprises (MNEs) can shift profits from one jurisdiction to another in order to minimize taxes, one of the most simple and widely-employed involves the payment of interest to related parties and third parties. For these reasons, it is not surprising that the Organisation for Economic Cooperation and Development’s Action Plan on Base Erosion and Profit Shifting (BEPS) identified the deduction of interest and other financial payments as a significant source of BEPS concerns, and that BEPS Action 4 was charged with developing “recommendations regarding best practices in the design of rules to prevent base …

Reclaiming State Authority Over Zoning Property, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

In 2019, Oregon became the first state to pass legislation that essentially bans single-family zoning.' As states across the country struggle to respond to the housing affordability crisis, Oregon's actions do not stand alone. John Infranca's recent article, The New State Zoning: Land Use Preemption Amid a Housing Crisis, may have been published before Oregon's historic vote but it is essential reading for those interested in the future of zoning.

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Georgetown Law Faculty Publications and Other Works

This Article is the first to make the business case for firms to promote and prioritize lawyer well-being. For more than three decades, quantitative research has demonstrated that lawyers suffer from depression, anxiety, and addiction far in excess of the general population. Since that time, there have been many calls within and outside the profession for changes to be made to promote, prioritize, and improve lawyer well-being, particularly as many aspects of the current law school and law firm models exacerbate mental health and addiction issues, as well as overall law student and lawyer distress. These calls for change, made …

Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-286; Highland Brookfield Well #5 (Highland Field Services, LLC)

Appeal No. 0974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)

Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)

Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-347