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2020

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Full-Text Articles in Law

Yount, Kent E., Collection, 1941-1954, Special Collections, Leonard H. Axe Library Oct 2020

Yount, Kent E., Collection, 1941-1954, Special Collections, Leonard H. Axe Library

Finding Aids

A collection of documents, reports, transcriptions, and correspondence regarding court cases and orders in Cherokee County, Kansas.

Kent E. Yount was born on March 20, 1916 and died May 1, 1954. He graduated from Galena High School in 1932 at the age of 16. He was an attorney in Cherokee County, Kansas, and was a member of the Galena Chapter of the Independent Order of Odd Fellows.


Never Letting A Good Crisis Go To Waste: Canadian Interdiction Of Asylum Seekers, Sean Rehaag, Janet Song, Alexander Toope Oct 2020

Never Letting A Good Crisis Go To Waste: Canadian Interdiction Of Asylum Seekers, Sean Rehaag, Janet Song, Alexander Toope

Articles & Book Chapters

This article examines two moments of crisis at Canada’s border with the United States: the aftermath of September 11th, 2001 (“9/11”) and the COVID-19 pandemic. The Canadian government leveraged both crises to offshore responsibilities for asylum seekers onto the United States. In the first case, Canada took advantage of U.S. preoccupations with border security shortly after 9/11 to persuade the United States to sign the Canada-U.S. Safe Third Country Agreement (“STCA”)—an agreement that allows Canada to direct back asylum seekers who present themselves at land ports of entry on the Canada-U.S. border. In the second case, Canada used heightened anxieties …


State Of Utah Plaintiff Appellee V. Garylee Bowers Defendant/ Appellant. : Reply Brief, Utah Court Of Appeals Oct 2020

State Of Utah Plaintiff Appellee V. Garylee Bowers Defendant/ Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND. CONVICTION OF ATTEMPTED AGGRAVATED ROBBERY, A SECOND DEGREE FELONY IN THE FOURTH JUDICIAL DISTRICT COURT

LINDSEY WHEELER, Esq., Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Attorney at Law, Counsel for Appellant


Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant. : Brief Of Appellee, Utah Court Of Appeals Oct 2020

Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Kent Holmberg presiding, Case No. 190908188

James E. Magleby Jennifer Fraser Parrish Adam Alba Matthew B. McCune MAGLEBY CAT AXINOS & GREENWOOD PC Attorneys for Appellant/Plaintiff

Darrel J. Bostwick Jonathan R. Rudd Ryan A. Rudd Meagan Rudd Bruce M. Pritchett Nick Nielsen THE RUDD FIRM, P.C. Attorneys for Appellee/Defendant


Is It Lawful And Ethical To Prioritize Racial Minorities For Covid-19 Vaccines?, Harald Schmidt, Lawrence O. Gostin, Michelle A. Williams Oct 2020

Is It Lawful And Ethical To Prioritize Racial Minorities For Covid-19 Vaccines?, Harald Schmidt, Lawrence O. Gostin, Michelle A. Williams

Georgetown Law Faculty Publications and Other Works

Coronavirus disease 2019 (COVID-19) has disproportionately affected racial minorities in the United States resulting in higher rates of infection, hospitalization, and death. With a limited supply after the initial approval of a safe and effective vaccine, difficult legal and ethical choices will have to be made on priority access for individuals. The National Academies of Sciences, Engineering, and Medicine (NASEM) has recommended prioritization of racial minorities who are “worse off” socioeconomically and epidemiologically. TheWorld Health Organization (WHO) similarly cautioned that “colorblind” allocation frameworks could perpetuate or exacerbate existing injustices. Both NASEM and WHO urge policy makers to allocate vaccines in …


Does Conjoint Analysis Reliably Value Patents?, Bernard Chao, Sydney Donovan Oct 2020

Does Conjoint Analysis Reliably Value Patents?, Bernard Chao, Sydney Donovan

Sturm College of Law: Faculty Scholarship

Modern technology products are often covered by thousands of patents. Yet awards for a single component have averaged a surprisingly high 9.98 percent of the infringing product’s price. To curb such disproportionate awards, the law insists that damages reflect the contribution made by the patent. But determining how to apportion damages in this way has proved to be elusive. One emerging technique that appears to offer rigor is conjoint analysis, a type of survey borrowed from the marketing world. This article explores the validity of the conjoint analysis technique by running two conjoint analysis surveys. Unfortunately, we found serious problems. …


Disinformation In The Marketplace Of Ideas, Tim Wu Oct 2020

Disinformation In The Marketplace Of Ideas, Tim Wu

Seton Hall Law Review

No abstract provided.


Oliver Wendell Holmes, The Abrams Case, And The Origins Of The Harmless Speech Tradition, Frederick Schauer Oct 2020

Oliver Wendell Holmes, The Abrams Case, And The Origins Of The Harmless Speech Tradition, Frederick Schauer

Seton Hall Law Review

No abstract provided.


State Inspection, Jeremy Waldron Oct 2020

State Inspection, Jeremy Waldron

Seton Hall Law Review

No abstract provided.


House Oversight Hearing On Tax Avoidance And The Irs, Leandra Lederman Oct 2020

House Oversight Hearing On Tax Avoidance And The Irs, Leandra Lederman

Public Testimony by Maurer Faculty

Professor Leandra Lederman testifimony for the House Oversight Hearing on Tax Avoidance and the IRS, October 13, 2020.

Click the "Download" button to read the text of Professor Lederman's prepared testimony, or view the video of the fulll hearing below.

To view just professor Lederman's testimony, click HERE


Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin Oct 2020

Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin

Popular Media

The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.


Holmes’S Other Metaphor, Thomas Healy Oct 2020

Holmes’S Other Metaphor, Thomas Healy

Seton Hall Law Review

No abstract provided.


Writing The Dissent In Abrams, Robert Post Oct 2020

Writing The Dissent In Abrams, Robert Post

Seton Hall Law Review

No abstract provided.


Historical Perspectives On Holmes’S Dissent In Abrams, David M. Rabban Oct 2020

Historical Perspectives On Holmes’S Dissent In Abrams, David M. Rabban

Seton Hall Law Review

No abstract provided.


Power And Premises: The Contested Meanings Of The Abrams Dissent, Laura Weinrib Oct 2020

Power And Premises: The Contested Meanings Of The Abrams Dissent, Laura Weinrib

Seton Hall Law Review

No abstract provided.


“The Road I Can’T Help Travelling”: Holmes On Truth And Persuadability, Joseph Blocher Oct 2020

“The Road I Can’T Help Travelling”: Holmes On Truth And Persuadability, Joseph Blocher

Seton Hall Law Review

No abstract provided.


What Lies Ahead?: The Marketplace Of Ideas, Alvarez V. United States, And First Amendment Protection Of Knowing Falsehoods, James Weinstein Oct 2020

What Lies Ahead?: The Marketplace Of Ideas, Alvarez V. United States, And First Amendment Protection Of Knowing Falsehoods, James Weinstein

Seton Hall Law Review

No abstract provided.


Holmes’S Understanding Of His Clear-And-Present-Danger Test: Why Exactly Did He Require Imminence?, Vincent Blasi Oct 2020

Holmes’S Understanding Of His Clear-And-Present-Danger Test: Why Exactly Did He Require Imminence?, Vincent Blasi

Seton Hall Law Review

No abstract provided.


“Fighting Faiths,” Error Deflection, And Free Speech, Burt Neuborne Oct 2020

“Fighting Faiths,” Error Deflection, And Free Speech, Burt Neuborne

Seton Hall Law Review

No abstract provided.


Will I Get Fired For Posting This?: Encouraging The Use Of Social Media Policies To Clarify The Scope Of The Pickering Balancing Test, Lilli B. Wofsy Oct 2020

Will I Get Fired For Posting This?: Encouraging The Use Of Social Media Policies To Clarify The Scope Of The Pickering Balancing Test, Lilli B. Wofsy

Seton Hall Law Review

No abstract provided.


Board Of Officers - Vol. 51, No. 1 2020 Oct 2020

Board Of Officers - Vol. 51, No. 1 2020

Seton Hall Law Review

No abstract provided.


Table Of Contents - Vol. 51, No. 1 2020 Oct 2020

Table Of Contents - Vol. 51, No. 1 2020

Seton Hall Law Review

No abstract provided.


State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Reply Brief, Utah Court Of Appeals Oct 2020

State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH


State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Brief Of Appellant, Utah Court Of Appeals Oct 2020

State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, #8944


Depaul Professor And Environmental Scientist Shares How To Build An Antiracist Lab, University Marketing And Communications, Bala Chaudhary Oct 2020

Depaul Professor And Environmental Scientist Shares How To Build An Antiracist Lab, University Marketing And Communications, Bala Chaudhary

DePaul Download

Racial and ethnic diversity within the Science, Technology, Engineering and Math (STEM) fields remains low, and many scientists and researchers are seeking solutions to help address racism in their workplaces. To help, assistant professor and environmental scientist in the Department of Environmental Science and Studies for DePaul’s College of Science and Health, Dr. Bala Chaudhary, collaborated with another researcher of color to create the “Ten Simple Rules for Building an Antiracist Lab.”


Iuu Fishing As A National Security Threat: Revisiting India’S Domestic Framework And Compliance With International Regimes, Pooja Bhatt Oct 2020

Iuu Fishing As A National Security Threat: Revisiting India’S Domestic Framework And Compliance With International Regimes, Pooja Bhatt

International Law Studies

Within India, illegal, unreported, and unregulated (IUU) fishing typically has been viewed as a non-traditional security concern that includes food and economic security, as well as broader societal and political issues. This article argues for understanding IUU fishing in a broader and deeper way and to view this issue as a traditional security threat. Several developments merit this approach, including the threat posed by foreign fishing vessels near Indian waters. Such distant water fishing vessels have been found fishing illegally around the world. On several occasions, these vessels are present near the exclusive economic zone of other states, raising serious …


Policing In A Democratic Constitution, Michael Wasco Oct 2020

Policing In A Democratic Constitution, Michael Wasco

Indiana Journal of Constitutional Design

Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.

Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …


Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad Oct 2020

Analysis Of Criminal Law Literature A Bibliometric Study From 2010-2019, Jibran Jamshed Mr., Salman Naeem Dr., Khurshid Ahmad

Library Philosophy and Practice (e-journal)

The purpose of this research paper is to present a quantitative analysis of the Criminal Law Literature published from 2010 to 2019.

Design/Methodology: The Institute of Scientific Information (ISI) Web of Science database was used as a source for extracting the data of published documents during the period 2010-2019. The analysis of the published literature was based on the following indicators: research productivity of each country, annual publications, annual citations, highly cited articles, highly cited law journals, most productive institutions in the field of criminal law, and most prolific authors. Research articles, conference proceeding papers, book reviews and editorials …


Rethinking Presidential Succession After Covid-19, Kevin Rizzo Oct 2020

Rethinking Presidential Succession After Covid-19, Kevin Rizzo

Cardozo International & Comparative Law Review (CICLR) Blog

While the process of presidential succession is not typically high on the list of concerns most people have about the American government, presidential succession has risen in salience during the onset and continued spread of the coronavirus pandemic. For a brief period in early October 2020, presidential succession made its way close to the top of that list when President Donald Trump revealed he tested positive for Covid-19—a potentially deadly virus—and also seemed to have exposed the vice president. Although the worst fears of a succession crisis seem to have abated, the episode arguably brought the issue of succession to …


Mmu: 10/12/20–10/18/20, Student Bar Association Oct 2020

Mmu: 10/12/20–10/18/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
  • CDO Announcements
  • Restoration Week
  • Koru Mindfulness for Law Students
  • SBA Store
  • LexisNexis Office Hours
  • RBG and the Environment: A Talk with Professor Huber
  • Debunking 1L Myths
  • IP Lecture Series: Professor Robert Brauneis
  • Mentorship Program Introduction
  • Dress for Success
  • Daily Mass Schedule
  • Working In-House at a Hospital System - NDLS Alum Katy Baum
  • Environmental Justice
  • LexisNexis 1L Quick Tips Series: Terms & Connectors Searching
  • The Excessive Use of Force at Home and Abroad
  • IP Lecture Series: Professor K.J. Greene
  • Virtual Tailgate: Louisville and Nashville
  • Free …