Law Commons^™

Urbanization And Land Surface Temperature In Pinellas County, Florida, Bruce Coffyn Mitchell

USF Tampa Graduate Theses and Dissertations

Since the early 1800's, many studies have recognized increased heat in urban areas, known as the urban heat island (UHI) effect, as one of the results of human modification to the natural landscape. UHI is related to differences in land surface temperature (LST) between rural areas and urban areas where factors of the built environment such as the thermodynamic capacities of materials, structural geometry, and heat generating activities cause increased storage and re-radiation of heat to the atmosphere. This thesis examines the correlation between factors of urbanization and differences in land surface temperature (LST) in the subtropical climate of Pinellas …

Administering Election Law, Saul Zipkin

Marquette Law Review

In recent years, commentators have expressed heightened concern about the harms to democratic legitimacy caused by political actors making decisions about the electoral process on partisan or incumbent-protecting bases. This concern has been recognized in a number of judicial opinions, but has not taken form in election law doctrine. This Article argues that administrative law presents a well-developed doctrinal resource for addressing concerns about democratic legitimacy in the electoral process. Administrative law trades off some direct electoral control for some demonstrated expertise and shores up the democratic element through lines of accountability to the legislature, the executive, and the public. …

Editorial: Voting Rights For The Incarcerated, Juan Moreno Haines

UC Law Journal of Race and Economic Justice

The Hastings Race and Poverty Law Journal is proud to present Voices from the Community. This feature will allow us to publish pieces written by those affected by the legal system, so that our Journal is not merely one of academic discourse, but one that invites persons experiencing injustice to add their perspectives to our publication. In our introductory piece, Juan Moreno Haines, a man currently incarcerated at San Quentin State Prison, lends firsthand insight on felon disenfranchisement and how it affects him and the other men with whom he is incarcerated.

Equality Behind Bars: Improving The Legal Protections Of Transgender Inmates In The California Prison Systems, Angela Okamura

UC Law Journal of Race and Economic Justice

This note examines the failure of federal and California law to protect perhaps its most vulnerable population: transgender prisoners. Although California expresses its concern for the safety and well-being of transgender individuals in other areas of the law, rights for transgender inmates get left in the dust. Transgender inmates are disproportionately likely to be sexually abused in prison, and their safety is not adequately assured under the current state of federal or California law. Currently, when classifying and housing prisoners, officials of the California Department of Corrections and Rehabilitation ("CDCR") are only required to look at factors that point to …

The Intersection Of Intellectual Property And Race In The Twenty-First Century: An Examination Of The Interpretation Of Racial Categories In Patent Law, Tiffany Cruz Gonzalez

UC Law Journal of Race and Economic Justice

The political and jurisprudential treatment of racespecific patents, patents on inventions that are aimed at certain racially or ethnically defined groups, in the United States has the potential to legitimize the reification of race and severely impact society's understanding of racial disparities. Accordingly, with the increase in race-specific patents, and race-based technology in general, the way that the courts will construe racial categories in claim terms will determine the pattern and practice of future race relations in the United States. This note examines the role of a judge and an inventor in the potential litigation of a racespecific patent both …

A Civil Right To Counsel Through The States Using California's Efficiency Project As A Model Toward A Civil Gideon, Brian Brophy

UC Law Journal of Race and Economic Justice

While the United States Supreme Court's decision in Gideon v. Wainwright guaranteed the right to counsel in criminal trials, the poor are often left without representation in civil cases. These cases can have devastating impacts on the poor's access to housing, welfare benefits, children, and more. In 2009, California passed the Sargent Shriver Civil Counsel Act, which created pilot projects that guarantee access to counsel in civil cases for indigent Californians. This note examines how state legislatures can use California's act as a model to expand access to counsel into the civil context. If state officials are shown the dire …

You Don't Have To Reinvent The Wheel: A Comparison Of Wage And Hour Laws, Their Effects On The Latino Family, And What We Can Learn From Them, Brenda Valle

UC Law Journal of Race and Economic Justice

Latinos have become the fastest growing minority population in the United States. As a result, the United States has seen a surfacing of issues that have had a unique impact on the Latino population. One issue that has specifically affected Latinos is the weakness in wage and hour laws, both at the federal and state level. Because Latinos as a group are primarily concentrated in low-wage sectors, wage and hour laws have a greater impact on Latinos than any other group. Furthermore, the negative impact wage and hour laws have does not stop with the low-wage worker but extends to …

How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg

School of Law Faculty Publications

United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …

The Anti-Counterfeiting Trade Agreement (Acta): An Assessment, Dalindyebo Shabalala

School of Law Faculty Publications

The Anti-Counterfeiting Trade Agreement (‘ACTA’) is motivated by the perceived lack of progress of multilateral enforcement of intellectual property rights. Building on the equivalent provisions in EU and US bilateral and regional free trade agreements (FTAs), the ACTA parties sought to establish best practice international standards to which other countries could aspire or adhere. Proponents stressed the need to combat the increase in global piracy and counterfeiting, drawing on estimates of the scale of the problem, such as those from the OECD that suggested international trade in counterfeit and pirated products amounted to some $200 billion in 2005 (excluding domestically …

The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson

School of Law Faculty Publications

In Johnson v. McIntosh, John Marshall proclaimed that European discovery of America “gave exclusive title to those who made it . . . .” 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land rights in Australia, Canada, and New Zealand.

This Article sheds light on …

End The Experiment: The Attorney-Client Privilege Should Not Protect Communications In The Allied Lawyer Setting, Grace M. Giesel

Marquette Law Review

In recent years, courts have seen an explosion of claims that communications need not be disclosed because they enjoy the protection of something often referred to as the “common interest doctrine.” These claims—claims of attorney–client privilege—occur in two situations: the joint client setting and the allied lawyer setting. In a joint client situation, an attorney represents two or more clients on a matter with all parties working together on the joint endeavor. In an allied lawyer situation, several entities or individuals work together on a matter of common interest but the parties have separate lawyers.

This Article argues, uncontroversially, that …

Till Death Do Us Part: Chief Justices And The United States Supreme Court, Todd C. Peppers, Chad M. Oldfather

Marquette Law Review

None

Car-Ving Out Notions Of Privacy: The Impact Of Gps Tracking And Why Maynard Is A Move In The Right Direction, Justin P. Webb

Marquette Law Review

In a controversial decision in 2010, the D.C. Circuit held that warrantless GPS tracking of an automobile for an extended period of time violates the Fourth Amendment. The D.C. Circuit approached the issue in a novel way, using “mosaic theory” to assert that the aggregation of information about an individual’s movements, over an extended period of time, violated an individual’s reasonable expectation of privacy. This Note discusses how state and federal courts have dealt with warrantless GPS tracking, and ultimately asserts that the Maynard court’s decision was correct, insofar as it takes account of the interaction of changing technology and …

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Iowa, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Iowa’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Colorado, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Colorado’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar

Articles by Maurer Faculty

Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …

Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik

Articles by Maurer Faculty

Over the last two decades, the U.S. Fish and Wildlife Service (“FWS”) has come to define its conservation mission in the context of species protection. The concept of “trust species” is now a common focal point for the myriad responsibilities of the FWS. This has become problematic for one of the major programs of the agency: management of the world’s largest biodiversity conservation network, the national wildlife refuge system (“NWRS”). A major legislative overhaul of the NWRS charter and the imperatives of climate change adaptation have weakened the concept as a reliable touchstone for NWRS management and expansion. The FWS …

From Programmatic Reform To Social Science Research: The National Tax Association And The Promise And Perils Of Disciplinary Encounters, Ajay K. Mehrotra, Joseph J. Thorndike

Articles by Maurer Faculty

This article uses the history of the National Tax Association (NTA), the leading twentieth-century organization of tax professionals, to strengthen our empirical understanding of the disciplinary encounter between law and the social sciences. Building on existing sociolegal scholarship, this article explores how the NTA embodied tax law's ambivalent historical interaction with public economics. Since its founding in 1907, the NTA has changed dramatically from an eclectic and catholic organization of tax professionals with a high public profile to an insular, scholarly association of mainly academic public finance economists. Using a mix of quantitative and qualitative historical evidence, we contend that …

A Tisket, A Tasket: Basketing And Corporate Tax Shelters, Leandra Lederman

Articles by Maurer Faculty

In an income tax system that comported with the economic, or Haig-Simons, definition of income, deductible expenses would not face source-based limitations. A true Haig-Simons income tax system therefore would not take the schedular approach of sorting different types of expenses and losses into distinct conceptual “baskets” containing corresponding types of income. Practical realities often require departing from the Haig-Simons norm, however. The U.S. federal income tax system does require individuals to basket a number of types of expenses and losses. For example, individuals’ passive activity losses can only be deducted from passive income gains. By contrast, most corporations taxed …

The Origin And Civil Law Foundation Of The Community Property System, Why California Adopted It And Why Community Property Principles Benefit Women, Caroline Bermeo Newcombe

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Please Watch Your Language!: The Chronic Problem Of Assumption Of Risk, Dale L. Moore

Catholic University Law Review

No abstract provided.

Consent Is Not A Defense To Battery: A Reply To Professor Bergelson, Luis E. Chiesa

Journal Articles

In this essay I argue that, contrary to what most criminal law scholars believe, consent does not operate as a justification that relieves the actor of liability for conduct that admittedly satisfies the offense elements of battery. Rather, I contend that consent is only relevant to battery liability when, in conjunction with other factors, it modifies the definition of the crime in a way that reveals that the defendant’s act does not actually fall within the range of conduct prohibited by the offense. The argument proceeds in three parts.

In Part I, I argue that there are three ways of …

Punishing Without Free Will, Luis E. Chiesa

Journal Articles

Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …

Muslims In A Secular State: Islamic Law And Constitutions Islam In America

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell

Faculty Book Display Case

The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. …

New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina

Water Matters!

This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.

Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.

Business Interest Cases – October 2009 Term, Leon D. Lazer, Leon Friedman

Scholarly Works

No abstract provided.

Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.

The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …