Law Commons^™

Analysing Risks In Naval Operations : The Case Of Visit, Board, Search And Seizure Operations In Cote D’Ivoire Navy, Djaiblond Dominique-Yohann Kouakou

World Maritime University Dissertations

No abstract provided.

Interdiction Operations At Sea : A Critical Analysis Of Irregular Migration Beyond The Territorial Seas, Junya Otani

World Maritime University Dissertations

No abstract provided.

A Critical Analysis Of Implementation Of Mlc 2005 Regulation 2.2 In Nigeria, Muhammed Anyapa Yakubu

World Maritime University Dissertations

No abstract provided.

Identifying The Applicable Law And Approach Toward The Caspian Sea Delimitation, Sedigheh Zarei

World Maritime University Dissertations

No abstract provided.

10th International Conference On Business, Technology And Innovation 2021, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2021

UBT Annual International Conference is the 10th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …

The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer

Scholarly Works

This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …

Dean Marcus Cole's Message, G. Marcus Cole

1975–1999: David T. Link

Dean Cole informs the Notre Dame Law School community of the passing of Fr. David T. Link '58, JD '61.

In Memoriam: Notre Dame Law School Dean Emeritus Rev. David T. Link, Dennis Brown

1975–1999: David T. Link

Rev. David T. Link, the Joseph A. Matson Dean Emeritus of Notre Dame Law School, once said, “Your vocation is what you do to make a living. Your purpose in life is what you do to make living worthwhile.”

Father Link had both — in abundance.

A prosecutor, professor, and priest, Father Link died Thursday (Oct. 28). He was 85.

Cardozo Law News Brief: October 29, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Jessica Roth
• Pamela Foohey
• Barbara Kolsun
• Kate Shaw
• Jocelyn Getgen Kestenbaum
• Felix Wu
• Ekow N. Yankah

Campus News:

• ADR Competition Honor Society Teams Win at Multiple Events from Coast to Coast
• Cardozo/Google Patent Diversity Project Obtains First Patent on Behalf of Black Female Inventor

Events:

• Heyman Center Lunch Talk: Combating Human Trafficking Through the Global Financial Sector
• Lawyers Behaving Badly: Episode 1 - The Executive Branch
• The COVID-19 Pandemic, Diversity and Inclusion, and the Practice of Law
• Attica: Screening and Conversation
• Supporting Mental and Public Health Prevention Work in Atrocity Settings
• 2021 Lemkin Award Ceremony
• Book Talk with …

The Dangers Of Doxing And Swatting: Why Texas Should Criminalize These Malicious Forms Of Cyberharassment, Hannah Mery

St. Mary's Law Journal

Abstract forthcoming.

E-Museletter: October 2021, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Find a Seat for Exams

Exam 4 Requirements

You Deserve a Treat!

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Native American Heritage Month

Students, Write for the MuseNews Blog!

Judicial Deference Of The Board Of Immigration Appeals’ Regulatory Interpretations In Light Of Kisor V. Wilkie, Melissa Fullmer

St. Mary's Law Journal

Abstract forthcoming.

The Multimodal Electronic Transferable Transport Record (Ettr) : A Survey Of Laws And Basic Concepts, Benjamin Geva

Articles & Book Chapters

A transport document is a receipt issued by the carrier of goods upon taking possession of them under a contract for their carriage. It is a document of title when its transfer may facilitate not only the transfer of the right to claim the goods from the carrier but also the transfer of title to the goods. Particularly in relation to the carriage of goods other than by sea, and by reference to banking and commercial practices, this study surveys the current legal position of both digitization and negotiability of transport documents. This is done with a view to preparing …

Kevin Muir Plaintiff / Appellant V. Cincinnati Insurance Company, Defendant / Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Utah County, before the Honorable Christine Johnson

VINCENT J. VELARDO, KATIA K. CONRAD, Attorneys for Defendant / Appellee

MICHAEL J. PETRO, LEAH ASTON, LINDSEY BRINTON HARRIS, Attorneys for Plaintiff/ Appellant

Alexa Hears With Her Little Ears—But Does She Have The Privilege?, Lauren Chlouber Howell

St. Mary's Law Journal

Abstract forthcoming.

Chevron Flip-Flops Of A Different Sort - Understanding The Shifting Politics Of Deference, Michael E. Herz

Online Publications

Like vaccinations, voter fraud, guns, taking a knee, and, well, everything, views on Chevron deference have become not just ideologically tinged but ideologically determined. Progressives are Chevron enthusiasts; conservatives are Chevron skeptics. Chevron is under siege, and the battle lines are familiar. Yet, on its face, Chevron is politically neutral. It increases agency power at the expense of judicial power; whether that is politically helpful depends on whether your team controls the White House or if it controls the courts. Furthermore, the current ideological array has not always been the case. When Chevron was decided, the enthusiasts were …

Fr. David Link, Faculty Profile, Notre Dame Law School

1975–1999: David T. Link

Dean David T. Link, a member of the Notre Dame Law School faculty since 1970 and dean from 1975 to 1999, enjoyed the longest enure among American law school deans until his promotion to dean emeritus.

Supported Decisions As The Patient’S Own?, Leslie Francis

Utah Law Faculty Scholarship

This brief commentary addresses what I regard as the thorniest challenge to supported decision making: how to determine if a supported decision really is the decision of the supported person, rather than an insidious form of concealed paternalism or conflicts of interest. The risk that apparent supported decision-making really becomes the decision of the supporter looms as capacities wane. Peterson, Karlawash and Largent (PK&L), who offer a defense of supported decision making in health care for people with dynamic and diminishing capacity, are alert to these problems but skirt their implications. The authors’ model for supported decisionmaking is incomplete; at …

Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather

St. Mary's Law Journal

A tribute to Bonita K. Roberts, a professor at St. Mary's University School of Law.

Tribute To Professor Bonita K. Roberts, David A. Schlueter

St. Mary's Law Journal

A tribute to St. Mary's University School of Law Professor Bonita K. Roberts.

In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey

St. Mary's Law Journal

A tribute to Professor Bonita K. Roberts of St. Mary's University School of Law.

The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier

St. Mary's Law Journal

Emerging technologies of the Fourth Industrial Revolution show fundamental promise for improving productivity and quality of life, though their misuse may also cause significant social disruption. For example, while artificial intelligence will be used to accelerate society’s processes, it may also displace millions of workers and arm cybercriminals with increasingly powerful hacking capabilities. Similarly, human gene editing shows promise for curing numerous diseases, but also raises significant concerns about adverse health consequences related to the corruption of human and pathogenic genomes.

In most instances, only specialists understand the growing intricacies of these novel technologies. As the complexity and speed of …

There Is Only One Texas Constitution, Joshua Morrow

St. Mary's Law Journal

The pre-ratification text of the Texas Constitution appeared throughout the state in conflicting English-and foreign-language copies. Some commentators argue that it is impossible to know which copy the people ratified, or even that Texas does not have a constitution. These arguments create theoretical problems, because courts interpreting the constitution assume that it consists of fixed and determinable text. And the principle of popular sover­eignty precludes denying that the constitution exists. The conflicting copies also create practical problems. Are the legislature’s acts void for failing to include a Spanish-language enacting clause? May the state imprison citizens for debt, since the German …

Tort Law: Cases & Critique, Thomas E. Kadri

Books

My goal in creating this casebook is to do my part to make legal education more affordable, accessible, and adaptable. That’s why I’m making the book available to all for free. By using a CC BY-NC license, I’m also inviting others to adapt these materials for their own use, so long as they adhere to the non-commerciality and attribution terms. (Anyone interested in “remixing” this book for their own purposes should feel free to contact me, including if you’d like a more adaptable non-PDF version.)

You’re welcome to print any part of this casebook if you want a hard …

Janice Forsyth, Reclaiming Tom Long Boat: Indigenous Self-Determination In Canadian Sport. With A Foreword By Willie Littlechild., Gwooyim Gyat Hawaaw

Dalhousie Law Journal

Established in 1951, the Tom Longboat Awards seek to “recognize Aboriginal athletes for their outstanding contributions to sport in Canada.” In her meticulous work of cultural history, the Cree kinesiologist Janice Forsyth places this official discourse in settler-colonial context. “The history of sport and physical activity in Canada,” she clarifies for sports scholars and administrators, “is not a history of empowerment or inclusion, or even of opportunity, accommodation, or amalgamation. Rather, it is a history of containment, control, and elimination.” Forsyth’s incisive analysis consequently goes well beyond the fields of sociology and sport history. On my reading, her work makes …

Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall

Washington and Lee Law Review Online

The conventional wisdom among Supreme Court scholars and commentators is that Chief Justice John Roberts is an institutionalist who cares deeply about both his personal legacy and the Supreme Court’s prestige over time. This essay challenges that belief. While the Chief certainly cares about how the Court is perceived by the public, as do most of the justices, what most defines Roberts is his hubris—not a concern for the Court’s legitimacy or even his own place in history. Across the vast landscape of constitutional law, Roberts has distorted precedent and ignored text and history to further his own policy preferences. …

Tort Remedies In Military Prisons And Brigs, Brenner M. Fissell, Max Jesse Goldberg

Faculty Publications

Symposium on Military Justice October 2021.

Hosted by National Institute of Military Justice (In honor of NIMJ's 30th Anniversary)

The Rooker-Feldman Doctrine: The Case For Putting It To Work, Not To Rest, Bradford Higdon

University of Cincinnati Law Review

No abstract provided.

Proof Of Objective Falsehood: Liability Under The False Claims Act For Hospice Providers, Sebastian West

University of Cincinnati Law Review

No abstract provided.

Immunity Confusion: Why Are Ohio Courts Unable To Apply A Clear Immunity Standard In School-Bullying Cases?, Liam Mcmillin

University of Cincinnati Law Review

No abstract provided.