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Road Scholars - March 2011, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The March 2011 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

The Tea Party And The Constitution, Christopher W. Schmidt

All Faculty Scholarship

This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

Faculty Scholarship

No abstract provided.

The Impact Of Dodd-Frank On End-Users Hedging Commercial Risk In Over-The-Country Derivatives Markets, Laurin C. Ariail

North Carolina Banking Institute

No abstract provided.

Comparative Analysis Of Stress Testing In The United States And Europe, Alexander Abramovich

North Carolina Banking Institute

No abstract provided.

The Orderly Liquidation Authority: The Creditor's Perspective, Jamieson L. Hardee

North Carolina Banking Institute

No abstract provided.

When Even The Truth Isn't Good Enough: Judicial Inconsistency In False Light Cases Threatens Free Speech, Sandra F. Chance, Christina M. Locke

First Amendment Law Review

No abstract provided.

Police Privacy In The Iphone Era: The Need For Safeguards In State Wiretapping Statutes To Preserve The Civilian's Right To Record Public Police Activity, Jesse Harlan Alderman

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Hear No Evil, See No Evil - Speak No Evil - A Re-Examination Of Public Employee Free Speech Rights, Erika Eisenoff

First Amendment Law Review

No abstract provided.

The Time, Place, And Manner Of Survival: An Analysis Of Day Laborers And First Amendment Limits On State Action To Exclude, Will Johnson

First Amendment Law Review

No abstract provided.

Atheists In Foxholes: Examining The Current State Of Religious Freedom In The United States Military, Jeffrey Lakin

First Amendment Law Review

No abstract provided.

Torch (March 2011), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

An Article I Theory Of The Inherent Powers Of The Federal Courts, Benjamin H. Barton

Scholarly Works

A proper understanding of the nature of the inherent powers begins with separating whether the judiciary has any constitutional power to overrule Congress from the judiciary’s power to act in the absence of congressional action, i.e. in the interstices of federal statutes and rules. Separating out these two very different types of powers helps clarify that the inherent powers of federal courts are actually both broader and shallower than have been previously thought: Congress has near plenary authority in this area, but the courts have a great deal of leeway to act when Congress has not.

An examination of the …

Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter

Law Faculty Scholarship

Over the last twenty years, audience attendance at museums, galleries, and performing arts institutions in the United States has decreased dramatically. Major museums and galleries are considering ways to add engaging and meaningful value to the user experience with technology, from incorporating user-generated content to creating multimedia installations billed as “collaborative” works.

In 2010, the Dallas Museum of Art’s Coastlines: Images of Land and Sea exhibition featured landscapes from 1850 to the present, as well as a sound installation composed by students and faculty in the Arts and Technology program at the University of Texas at Dallas, which played on …

Stripped Of Meaning: The Supreme Court And The Government As Educator, Justin R. Chapa

Brigham Young University Education and Law Journal

No abstract provided.

March 1, 2011: Newt Gingrich And The Future Of Religion In American Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “Newt Gingrich and the Future of Religion in American Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Women In America: Indicators Of Social And Economic Well-Being, U.S. Department Of Commerce Economics And Statistics Administration, Executive Office Of The President, White House Council On Women And Girls

AALL Legal Website of the Month

In support of the Council on Women and Girls, the Office of Management and Budget and the Economics and Statistics Administration within the Department of Commerce worked together to create this report which, for the first time in recent history, pulls together information from across the Federal statistical agencies to compile baseline information on how women are faring in the United States today and how these trends have changed over time. The report provides a statistical portrait showing how women's lives are changing in five critical areas: People, Families, and Income; Education; Employment; Health; Crime and Violence. This is the …

Black-And-White Judging In A World Of Grays, Crai Green

Tulsa Law Review

No abstract provided.

Making It Official: A Constitutional Analysis Of Oklahoma's Official English Amendment, Mariann M. Atkins

Tulsa Law Review

No abstract provided.

A Modest Decision, Michael J. Gerhardt

Tulsa Law Review

No abstract provided.

Citizens United Against Dissenting Shareholders, Russell Mangas

Tulsa Law Review

No abstract provided.

Provocation Manslaughter As Partial Excuse And Partial Justification, Mitchell Berman, Ian Farrell

Sturm College of Law: Faculty Scholarship

The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. The defense traces back to the twelfth century and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists.

The dominant scholarly view holds that provocation is best explained and …

Why Asean Should Admit Timor Leste, Mahdev Mohan, Lan Shiow Tsai

2008 Asian Business & Rule of Law initiative

No abstract provided.

Reforming Regulation In The Markets For Home Loans, Edward J. Janger, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

The Swaps Push-Out Rule: An Impact Assessment, Christopher T. Fowler

North Carolina Banking Institute

No abstract provided.

Responding To Welfare Privatization: New Tools For A New Age, Wendy A. Bach

Scholarly Works

Privatization of the operation of public benefit programs in the wake of welfare reform has diminished the effectiveness of traditional approaches to advocacy. A case study from New York City of how private contractors succeeded in reducing welfare roles while imposing punitive policies on poor families offers a glimpse of possible new advocacy tools. Requiring contract-monitoring bodies that involve community members and advocates could help facilitate transparent contracting processes and reshape social welfare programs to serve clients.

The Consensus Constitution, Justin Driver

Articles

No abstract provided.

The Forgotten Students: The Implications Of Federal Homeless Education Policy For Children In Hawaii, Clifton S. Tanabe, Ian Hippensteele Mobley

Brigham Young University Education and Law Journal

No abstract provided.

School Response To Cyberbullying And Sexting: The Legal Challenges, Nancy Willard

Brigham Young University Education and Law Journal

No abstract provided.