A (Re)Adoption Story: What Is Driving Adoptive Parents To Rehome Their Children And What Can Texas Do About It,
2018
Texas A&M University School of Law
A (Re)Adoption Story: What Is Driving Adoptive Parents To Rehome Their Children And What Can Texas Do About It, Emma Martin
Texas A&M Law Review
Ava was adopted from Africa when she was four years old. She became the baby sister to two older brothers and the daughter to two loving, experienced parents. A year or two after Ava moved to America, she and her “forever family” attended a Colorado summer camp. All was seemingly well until the camp staff and the other families at camp started to notice something strange about the way Ava’s parents treated her compared to her brothers. After an activity, the parents greeted the brothers with an excited “did you have fun?” or “what did you learn?,” while the parents …
Things Invisible To See: State Action & Private Property,
2018
Texas A&M University School of Law
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather …
Comm’N Of Ethics Of The State Of Nevada V. Hansen, 134 Nev. Adv. Op. 40 (May 31, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Comm’N Of Ethics Of The State Of Nevada V. Hansen, 134 Nev. Adv. Op. 40 (May 31, 2018), Landon Littlefield
Nevada Supreme Court Summaries
The Nevada Supreme Court dismissed an appeal from a district court order granting a petition for judicial review because without authorization from the client the notice of appeal was void.
A Kentucky Town Votes Against A Culture War Rematch,
2018
The New York Times
A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson
Media Collection
No abstract provided.
Caudill To Face Davis This November,
2018
Morehead State University
Caudill To Face Davis This November, The Morehead News
Media Collection
No abstract provided.
Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall,
2018
Lexington Herald-Leader
Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright
Media Collection
No abstract provided.
Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan
Media Collection
No abstract provided.
Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty,
2018
South texas College of Law
Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk
St. Mary's Journal on Legal Malpractice & Ethics
Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate in its conclusion …
Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent,
2018
Louisville Courier-Journal
Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson
Media Collection
No abstract provided.
It’S A Trap! The Ethical Dark Side Of Requests For Admission,
2018
Pavlack Law, LLC
It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora
St. Mary's Journal on Legal Malpractice & Ethics
Due largely to an overlap of authority between disciplinary bodies charged with supervising the professional conduct of attorneys and the authority of courts to supervise litigation, the ethical ramifications of routine discovery abuses often pass without comment. That is because disciplinary authorities routinely defer to courts to police litigation behavior despite courts frequently rejecting the role of enforcers of professional rules. A further contributing factor to unethical conduct becoming routine practice in discovery are ill-defined parameters and a dearth of guidance. One tool in particular, requests for admission, has gone overlooked in the literature and caselaw, but poses unique ethical …
Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?,
2018
Lexington Herald-Leader
Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright
Media Collection
No abstract provided.
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act,
2018
Northwestern Pritzker School of Law
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder
Northwestern Journal of Law & Social Policy
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in child custody cases. In reality, the ICWA seeks to protect the interests of tribes, Indian families, and Indian children by establishing special procedures and obligations in Indian child custody cases. On its face, the ICWA is concerned not with the race of children, but with the …
A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination,
2018
Chicago-Kent College of Law
A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis
All Faculty Scholarship
Since 2006, the Illinois Human Rights Act has prohibited discrimination in employment because of an employee’s sexual orientation or gender identity. Until 2017, employees discriminated against because of their sexual orientation had no federal cause of action, however. In a landmark decision, Hively v. Ivy Tech, the Court of Appeals for the Seventh Circuit became the first appellate court to hold that federal law’s prohibition of sex discrimination in the workplace also proscribed sexual orientation discrimination. The Hively decision is a substantial departure from decades’ worth of Seventh Circuit precedent and created a split between the circuits. This Article examines …
Honoring Professor Bruce Kogan (05-07-2018),
2018
Roger Williams University School of Law
Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Candidate Forum: County Clerk,
2018
The Morehead News
Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child",
2018
University of Maine School of Law
Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon
Maine Law Review
Should a divorce court be permitted to consider evidence of a parent's misuse of legal process when rendering a child custody decree? In Campbell v. Campbell the Maine Superior Court concluded that Mrs. Campbell had sought an ex parte protection from abuse order against her husband in an effort to gain a tactical advantage in the custody proceeding—she did not need protection from abuse. The court then awarded Mr. Campbell custody of the children, on the basis of Mrs. Campbell's misuse of legal process. Yet, by focusing its attention upon one parent's conduct, the superior court deviated from what was …
Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert
Nevada Supreme Court Summaries
The Court considers whether the time limitations of NRS 107.080(5)-(6) bars an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale. This action challenges the authority to conduct the sale rather than the manner; thus, limitations do not apply.
Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani
Nevada Supreme Court Summaries
The Court considered whether, pursuant to NRS 612.380, an employee that resigns when faced with a resign-or-be-fired option does so voluntarily, and is thereby disqualified from unemployment benefits. The Court determined that where the record shows that the appellant’s decision to resign was freely given and stemming from his own choice, the resignation is voluntary.
Termination Of Hospital Medical Staff Privileges For Economic Reasons: An Appeal For Consistency,
2018
University of Maine School of Law
Termination Of Hospital Medical Staff Privileges For Economic Reasons: An Appeal For Consistency, June D. Zellers, Michael R. Poulin
Maine Law Review
The relationship between physicians and hospitals is undergoing significant change. Historically, a physician maintained a private practice in the community and looked to the local hospital for ancillary support when his or her patients were too ill to remain at home. This community-based physician gained access to the hospital by obtaining medical staff privileges. These privileges allowed the physician to admit patients to the hospital, treat patients while they were there, and use the hospital's staff and equipment. The physician generally enjoyed the use of the privileges throughout his or her active career, losing them only if found incompetent. Today, …
Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention,
2018
Morehead State University
Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku
Media Collection
No abstract provided.
