Law Commons^™

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

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 …

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 …

West Valley City, Appellee/Plaintiff, V. Carl Begnaud, Appellant/Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY

Staci Visser, Bar No. 14358, Intermountain Legal, Counsel for Carl Begnaud

Corey D. Sherwin, Bar No 14316, West Valley City Prosecutor's Office, Counsel for West Valley City

Cook Martin Poulson, P.C., Plaintiff And, Appellee V. Daniel G. Smith, Defendant And, Appellant : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, Honorable Kevin K. Allen, District Court No. 140100505

Thomas J. Burns Aaron R. Harris Elisabeth E. Calvert DENTON DURHAM JONES & PINEGAR, P.C. Attorneys for Appellee Cook Martin Poulson, P.C.

Troy L. Booher (9419) Beth E. Kennedy (13771) ZIMMERMAN BOOHER Russell S. Walker PEARSON BUTLER PLLC Attorneys for Appellant Daniel G. Smith

West Valley City, Appellee/Plaintiff V. Carl Begnaud, Appellant/Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STA TE OF UTAH, CASE NO. 181912383, BEFORE THE HONORABLE JUDGE KARA PETTIT

Staci Visser, Bar No. 14358, Counsel for Carl Begnaud

Corey D. Sherwin, Counsel for West Valley City

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 …

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental, & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging to …

The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental, & Innovation Law

With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest …

Urban Growth, Low Impact Development, And Seattle's Stormwater Management System, Katherine Baals

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental, & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing …

Mission-Centered Collaborative Bridges To Increase Stem Motivations, Colleen Duffy

Journal of Vincentian Social Action

Many school administrators are enthusiastic about implementing new educational initiatives but have their plans thwarted because they are faced with the reality of insufficient resources. This can greatly limit the expansion of K-12 educational programs and deprive students of valuable learning opportunities. Additionally, teacher preparation programs are required to meet state mandates such as providing field experiences for preservice teachers that promote the authentic application of knowledge in PK-12 classrooms, but regional competition for placement opportunities create tremendous obstacles for higher education faculty. This essay describes the creation and implementation of a mission-centered mutually beneficial K-12 and intercollegiate partnership that …

Building Teacher Empathy And Culturally Responsive Practice Through Professional Development And Self-Reflection, Barbara S. Rieckhoff, Melissa Ockerman, Amira Proweller, James Wolfinger

Journal of Vincentian Social Action

Today’s teachers face growing demands and mandates to support every aspect of a student’s academic success, with additional expectations to support students’ social and emotional needs both inside and outside of the classroom. In the face of increasing student cultural, racial and linguistic diversity, the teaching pool remains relatively homogeneous, consisting largely of white, European-American educators. This disconnect between the lived experiences of teachers and their students makes it difficult for teachers to value and connect to a diverse student body. This qualitative study explores how a collaborative multi-tiered critical professional development model between a non-for-profit organization and a University, …

Symbolic Boundaries And The Clinical Preparation Of Teacher Candidates, Bilge Cerezci, Donald Mcclure

Journal of Vincentian Social Action

The purpose of this essay is to make sense of the two divides in the clinical preparation of teacher candidates: (1) between professional knowledge and skilled practice, and (2) between university-based courses and school-based field experiences. This essay extends the work of Lamont and Molnár (2002) to conceptualize symbolic boundaries related to these two divides. Within this framework, a review of the research highlights three main implications. First, teacher education programs need to design teaching and learning experiences that allow teacher candidates to use the professional knowledge they have gained through their university courses across multiple educational settings. Second, such …

Improving Co-Teachers Relationships, Asher Samuel

Journal of Vincentian Social Action

Co-teaching is an instructional strategy wherein two teachers, a general education teacher and a special education teacher, share instructional responsibilities in a general education class that includes students with disabilities (SWDs) (Friend, 2010). An important component of co-teaching is the relationship between the teachers (Kohler-Evans, 2006), which has been described as a professional marriage (Friend, 2010). However, there is limited information on factors influencing the relationship. This study investigated if teaching experience affects co-teachers’ perception of teamwork. Participants included special and general education co-teachers from eight public school districts in New York City. Co-teachers from grades K-12 completed the Tuckman …

The Impact Of Universally Accelerating Eighth Grade Mathematics Students On Participation And Achievement, Patrick Walsh

Journal of Vincentian Social Action

In New York State students are traditionally scheduled to take Algebra I in their first year of high school mathematics. However, in many schools, the “top” students in a cohort have access to this course in eighth grade, tracking these high-achieving students ahead of their lower-achieving peers. In response, some schools have adopted the policy of “Algebra for all” in eighth grade – called universal acceleration. While this policy ensures equal access to a challenging curriculum for all students, regardless of race, socioeconomic status, and prior achievement, there is a concern that not all students are developmentally ready to take …

Jovsa Education Special Issue: Introduction, Erin Fahle

Journal of Vincentian Social Action

No abstract provided.

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover

Journal of Vincentian Social Action

No abstract provided.

Finding A New Home For The Abortion Right Under The Ninth Amendment, Allison N. Kruschke

ConLawNOW

This essay advocates locating the foundation of the constitutional right to an abortion in the Ninth Amendment. Using the Ninth Amendment to recognize the right to an abortion, this article argues, is a better path than using the Fourteenth Amendment because it takes the determination of whether an abortion is a protected right outside the moral realm. The analysis under the Fourteenth Amendment of whether a right is “deeply rooted in the tradition” of the United States inevitably stirs a debate about whether the public considers abortion morally acceptable. In recognizing the right to an abortion under the Ninth Amendment, …

Cardozo Law News Brief: December 18, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Jocelyn Getgen Kestenbaum
• Samuel Weinstein
• Kate Shaw
• Christopher Buccafusco
• Joel Cohen
• Ngozi Okidegbe
• Edward Zelinsky

Campus News:

• Cardozo Launches Center for Visual Advocacy (CVA)

Events:

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

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

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

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

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Just A Girl In A Man’S World: Factors Affecting Women In Leadership In Law Enforcement, Gina Barras Holland

LSU New Orleans Theses and Dissertations

Federal Bureau of Investigation (FBI) statistics from 2013 revealed that of about 477,000 sworn law enforcement officers at the local level in the United States, only 12% are women; and only 6.2% of those who hold intermediate-level rank are women (U.S. Department of Justice, Bureau of Justice Statistics, Local Police Department, 2013: Personnel, Policies, and Practices, 2015). Although legal mandates have afforded women career opportunities in law enforcement, those mandates have not provided protection within the structures of law enforcement agencies regarding achieving high ranking positions. Women are more likely than men to remain in lower-ranking positions throughout their entire …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

The Ethical Challenge For Hipaa’S Privacy Rule In The Genomics Era Of Data Analytics., Reem Shinawi

Electronic Theses and Dissertations

The thesis of this dissertation focuses on the Ethical Challenge for HIPAA’s Privacy Rule in the Genomics Era of Data Analytics. Data Analytics in Genomic Medicine challenges the individuals’ right to privacy. Hence, a balance is needed between the previous centrality of individual privacy and the need for population information to make breakthroughs in Genomic Medicine using Data Analytics. Such a problem demands regulatory solutions. And such solutions require the collaboration of professionals. Genomic Medicine is a field that deals with sensitive genetic information in both medicine, and research, it is essential to view it through HIPAA as it is …

Common Article 1 And The Duty To "Ensure Respect", Michael N. Schmitt, Sean Watts

International Law Studies

Common Article 1 to the four 1949 Geneva Conventions requires Parties to those instruments to “respect and to ensure respect for the present Convention in all circumstances.” The provision is a corollary to the general international legal obligation of States to honor their treaty commitments, expressed classically in the maxim pacta sunt servanda.

Yet, academics and private organizations now use Common Article 1 as a vehicle to reimagine States’ enforcement obligations under the Geneva Conventions. Reinterpreting the article beyond its original meaning, they claim the article includes an “external” obligation—a duty on the part of all States to use …