Law Commons^™

2019-2020 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.

Decolonization As Dialectic Process In Law And Literature, Laura Nyantung Beny

Reviews

The Battle for International Law addresses the South-North contest over the content and structure of international law during the period of decolonization in the global South (1955-1975). Edited volumes are inherently risky because the quality and perspectives of the various chapters can vary widely, resulting in thematic incoherency. However, J. von Bernstorff and P. Dann have successfully assembled many excellent chapters on varied topics by a diverse range of authors. Each chapter contributes significantly to the editors’ overall goal “to provide an intellectual history of the transformation of international law in the 1950s to 1970s and to offer a better …

Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Reply Brief Of Appellant/Cross-Appelle Kelly Laws, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLY BRIEF OF APPELLANT/CROSS-APPELLEEKELLY LAWS

Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Utah

Kelly Laws, An Individual, Petitioner Below And Appellant And Cross Appellee On Appeal, Vs. Willie Grayeyes, An Individual. : Opening Brief Of Appellee/Cross-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

OPENING BRIEF OF APPELLEE/CROSS-APPELLANT, WILLIE GRAYEYES

Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Petitioner's Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

ON WRIT OF CERTIORARI TO THEUTAH COURT OF APPEALSNo. 20170736-CA

Appeal from a Final Judgment of the Sixth Judicial District Court in and for Garfield County, Panguitch Department The Honorable Paul D. Lyman PresidingNo. 154600013

State Of Utah, Plaintiff And Appellee, V. Keith Scott Brown, Defendant/Appellant. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Reply Brief of Appellant

Appeal from Order Denying Motion to Reinstate Defendant’s Right to
Appeal with Commensurate Right to Effective Assistance of Counsel
Fourth Judicial District, Provo Division,
the Honorable Christine Johnson presiding

Oral Argument Requested

Defendant is Currently Incarcerated

Kelly Laws, An Individual, Petitioner Below And Appellant And Cross Appellee On Appeal, Vs. Willie Grayeyes, An Individual, Respondent Below And Appellee And Cross-Appellant On Appeal. : Reply Brief Of Appellee/Cross-Appellant, Willie Grayeyes, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

On appeal from the Seventh Judicial District CourtThe Honorable Don M. TorgersonNo. 180700016

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Response Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Review of Question of Law Certified by theUnited States Court of Appeals, Tenth CircuitCase No. 19-4052

RESPONSE BRIEF OF APPELLEORAL ARGUMENT REQUESTED

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Review of a Certified Question from theUnited States Tenth Circuit Court of Appeals, Case No. 19-4052

Kelly Laws, Appellant/Cross-Appellee, V. Willie Grayeyes, Appellee/Cross-Appellant. : Brief Of Appellant/Cross-Appellee Kelly Laws, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

< p>Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Utah

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Reply Brief of Appellant

Review of a Certified Question from the United States Tenth Circuit Court of Apeals, Case No. 19-4052

Dr. Marye. Maida Order Denying Defendant Clerisy Corporation’S Motion For Interlocutory Injunction And Plaintiffs’ Motion For Judgment On The Pleadings, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Cardozo Law News Brief: December 29, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Jessica Roth
• Edward Zelinsky
• Samuel Weinstein
• Richard Weisberg
• Rebecca Ingber
• Lela Love
• Gabor Rona

Campus News:

• Cardozo Introduces Gates Scholars Program

Events:

• Intensive Trial Advocacy Program (ITAP)
• Intensive Mediation Advocacy Program (IMAP)
• Intensive Transactional Lawyering Program (ITRANS)

What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Mandating Covid-19 Vaccines, Lawrence O. Gostin, Daniel A. Salmon, Heidi J. Larson

Georgetown Law Faculty Publications and Other Works

Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) vaccines hold promise to control the pandemic, and help restore normal social and economic life. The Food and Drug Administration (FDA) has granted emergency use authorization (EUA) for 2 mRNA vaccines and will likely issue full biologics licenses in the coming months. Anticipating vaccine scarcity, the Advisory Committee on Immunization Practice (ACIP) published guidance on vaccine priorities.

Data show 95% efficacy for vaccines granted an EUA, but even highly effective vaccines cannot curb the pandemic without high population coverage and maintenance of other mitigation strategies. Recent data from 1,676 adults surveyed November 30-December …

New York State's Congressional Delegation May Lose Two Members, Jeffrey M. Wice

Redistricting Resources

According to a new report released on December 22, 2020 by Election Data Services, Inc. (EDS), New York State could lose up to two congressional districts after the official state population totals are announced in January. This article explores this possibility through 2020 Census data estimates.

December 29, 2020: What Democrats Can Learn From Trump's Narrow Loss, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Democrats Can Learn From Trump's Narrow Loss“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Aamodt Litigation Settlement Completion, United States 116th Congress

Native American Water Rights Settlement Project

Amends the Aamodt Litigation Settlement Act (Pub. L. 11-291) to increase funding for Pueblo Water Facilities from $106.4 million to $243.4 million and making available $137 million for Regional Water System funding.

Montana Water Rights Protection Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this Act are: (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana, and in recognition of article I, and section 3 of article IX, of the Montana State Constitution for (A) the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation; and (B) the United States, for the benefit of the Tribes and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Tribes and the State, to the extent that the Compact is consistent with this Act; (3) to authorize …

Navajo-Utah Water Rights Settlement Act, United States 116th Congress

Native American Water Rights Settlement Project

The purposes of this section are: (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for (A) the Navajo Nation and (B) the United States, for the benefit of the Nation; (2) to authorize, ratify, and confirm the agreement entered into by the Nation and the State, to the extent that the agreement is consistent with this section; (3) to authorize and direct the Secretary (A) to execute the agreement and (B) to take any actions necessary to carry out the agreement in accordance with this section; and (4) …

When Vertical Is Horizontal: How Vertical Mergers Lead To Increases In “Effective Concentration”, Serge Moresi, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article explains the inherent loss of an indirect competitor and reduction in competition when a vertical merger raises input foreclosure concerns. We then calculate a measure of the effective increase in the HHI measure of concentration for the downstream market, and we refer to this “proxy” measure as the “dHHI.” We derive the dHHI measure by comparing the pricing incentives and associated upward pricing pressure (“UPP”) involved in two alternative types of acquisitions: (i) vertical mergers that raise unilateral input foreclosure concerns (and the associated vertical GUPPI measures), and (ii) horizontal acquisitions of partial ownership interests among …

December 25, 2020: Merry Christmas To All, Bruce Ledewitz

Hallowed Secularism

Blog post, “Merry Christmas to All“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Analytic Jurisprudence In Time, Dan Priel

Articles & Book Chapters

Friedrich Nietzsche had this to say about philosophers:

"You ask me which of the philosophers’ traits are really idiosyncrasies? For example, their lack of historical sense, their hatred of the very idea of becoming, their Egypticism. They think that they show their respect for a subject when they de-historicize it, sub specie aeterni – when they turn it into a mummy. All that philosophers have handled for thousands of years have been concept-mummies; nothing real escaped their grasp alive. When these honorable idolators of concept worship something, they kill it and stuff it; they threaten the life of everything they …

Default Culpability Requirements: The Model Penal Code And Beyond, Scott England

Faculty Scholarship

This Article examines section 2.02(3) of the Model Penal Code, both as proposed by the ALI and as modified by MPC states, and recommends new default culpability rules to replace it.

The Model Penal Code’s default culpability provision, Section 2.02(3), plays a central but often overlooked role in the Code’s celebrated culpability scheme. Section 2.02(3) “reads in” a requirement of recklessness when an offense is silent about the mental state required for an offense element. The provision has profound implications for criminal law because thousands of state offenses fail to prescribe culpability requirements. Without a default culpability rule like Section …

Why States Should Now Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage

Articles by Maurer Faculty

States are facing a severe budget crisis as a result of the coronavirus pandemic. And with the federal government unlikely to pass a relief bill to address those state budget issues,1 states will need to play a significant role in making up revenue shortfalls.

This is the first in a three-part series, which is a contribution to Project SAFE: State Action in Fiscal Emergencies. This essay will lay out the general case for why states should consider expanding their sales tax bases to more services as a response to the COVID-19 crisis. The follow-ups will discuss further mechanics and details …

Why States Should Consider Expanding Sales Taxes To Services, Part 1, Gladriel Shobe, Grace Stephenson Nielsen, Darien Shanske, David Gamage

Articles by Maurer Faculty

States are facing a severe budget crisis as a result of the coronavirus pandemic. And with the federal government unlikely to pass a relief bill to address those state budget issues,1 states will need to play a significant role in making up revenue shortfalls.

This is the first in a three-part series, which is a contribution to Project SAFE: State Action in Fiscal Emergencies. This essay will lay out the general case for why states should consider expanding their sales tax bases to more services as a response to the COVID-19 crisis. The follow-ups will discuss further mechanics and details …

Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.

Contractual Procurement Alternatives Of Air Force Contingency Pharmaceuticals: A Cost-Benefit Analysis, Adam J. Brubakken, John M. Dickens, Jason Andrerson, William A. Cunningham Iii

Faculty Publications

Purpose — This paper aims to explore effective supply chain principles, through the theory of transaction cost economics, as measures to improve current contingency pharmaceutical item shortfalls in the Air Force Medical Service (AFMS) Contingency Pharmaceutical Programme. Design/methodology/approach — In this research, AFMS contingency pharmaceutical data was collected from various databases, including the Joint Medical Asset Repository, Medical Contingency Requirements Workflow and the Medical Requirements List. Through the methodology of cost-benefit analysis, alternative sourcing and fulfilment practices are evaluated. Findings — The findings of this research indicate that the application of centralized purchasing principles, in an effort to leverage prime …

Greenlife Energy Solutions Order Denying Defendants’ Motion To Strike Patterson’S Third Affidavit, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.

Greenlife Energy Solutions Order Granting Defendants’ Motions For Summary Judgment And Order Finding Moot Defendants’ Motion In Limine To Exclude Plaintiff’S Expert Witness, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.