Law Commons^™

Brief Of Amicus Curiae Conference Of Chief Justices In Support Of Neither Party, Moore V. Harper, No. 21-1271 (U.S. Sept. 6, 2022), Evan Caminker, Carter G. Phillips, Virginia A. Seitz, Kathleen M. Mueller

Appellate Briefs

Founded in 1949, amicus curiae Conference of Chief Justices (the “Conference”) is comprised of the Chief Justices or Chief Judges of the courts of last resort in all 50 states, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the Territories of American Samoa, Guam, and the Virgin Islands. For over 70 years, the Conference has been a leading national voice on important issues concerning the administration of justice in state courts, the operation of state courts and judicial systems, and the role of state courts in our federal system.

The Conference files briefs …

Ndls Communicator: Week Of 09.06.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Professors Matt Barrett and Judy Fox retire from ND Law
• Death penalty abolitionist Sister Helen Prejean to speak at Notre Dame
• Law School’s Office of Admissions eliminates early decision application program
• Marcus Cole was the keynote speaker at the Brigham Young University Founder's Day Keynote dinner.
• Lloyd Maher was on NPR's Morning Edition talking about whether a non-profit charity is violating tax law.
• Phillip Muñoz has published a new book, "Religious Liberty and the American Founding."
• Rick Garnett discusses substantive due process and parental rights in the Pierce v. Society of Sisters case.

Alumni News

• Ballfield to …

Vol. 63, No. 03 (September 6, 2022)

Indiana Law Annotated

No abstract provided.

Solving The Congressional Review Act’S Conundrum, Cary Coglianese

All Faculty Scholarship

Congress routinely enacts statutes that require federal agencies to adopt specific regulations. When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, for example, it mandated that the Securities and Exchange Commission (SEC) adopt an anti-corruption regulation requiring energy companies to disclose payments they make to foreign governments. Although the Dodd-Frank Act specifically required the SEC to adopt this disclosure requirement, the agency’s eventual regulation was also, like other administrative rules, subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).

After the SEC issued its …

Purpose Proposals, Jill E. Fisch

All Faculty Scholarship

Repurposing the corporation is the hot issue in corporate governance. Commentators, investors and increasingly issuers, maintain that corporations should shift their focus from maximizing profits for shareholders to generating value for a more expansive group of stakeholders. Corporations are also being called upon to address societal concerns – from climate change and voting rights to racial justice and wealth inequality.

The shareholder proposal rule, Rule 14a–8, offers one potential tool for repurposing the corporation. This Article describes the introduction of innovative proposals seeking to formalize corporate commitments to stakeholder governance. These “purpose proposals” reflect a new dynamic in the debate …

Mmu: 09/05/22–09/11/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Justin Vickers

Ask a 3L: Riley Compton

Restaurant Review by Melissa Iannuzzi

Sport Report by Stephen Nugent

Jackie's Corner

Expanded Criminal Defense Lawyering, Jenny Roberts, Ronald Wright

Articles in Law Reviews & Other Academic Journals

This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney’s work have expanded to …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin

Popular Media

No abstract provided.

Freedom Of Peaceful Assembly And Section 2(C) Of The Charter: Report For The Public Order Emergency Commission, Jamie Cameron

Commissioned Reports, Studies and Public Policy Documents

Those who participated in the 2022 protest convoy were exercising their rights under the Canadian Charter of Rights and Freedoms when the federal government declared an emergency, creating a large secure zone and dispersing the truckers’ demonstration. These rights, including and especially freedom of peaceful assembly, form the backdrop to consideration of the federal government’s decision to declare an emergency under the Emergencies Act and enact regulations for bringing the demonstrations to an end.

Though it is one of the Charter’s fundamental freedoms, s.2(c)’s freedom of peaceful assembly received little or no attention in the first 40 years of …

Issue Brief: Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society & Indigenous Groups, Sara L. Seck, Penelope Simmons, Charlotte Connolly

Responsible Business Conduct and Impact Assessment Law

This issue brief provides an overview of the impact assessment and responsible business conduct toolbox for the extractive sector. The toolbox provides guidance on how governments, businesses, civil society, and Indigenous groups may encourage and adopt a human rights approach to impact assessment (IA). It forms part of a broader research project aimed at highlighting the interrelationship between IA laws and Responsible Business Conduct (RBC) tools, funded by the Social Sciences & Humanities Research Council (SSHRC) Knowledge Synthesis Grant: Informing Best Practices in Environmental & Impact Assessments (the “KSG”).

Bar Exam Registration Fees, Accesslex Institute

Bar Passage

This source includes data on bar exam registration fees, character and fitness investigation fees, law student registration fees, late registration penalties, and laptop fees for the 50 states and the District of Columbia.

Curriculum-Based Professional Learning: The State Of The Field, Elizabeth Chu, Grace Mccarty, Molly Gurny, Naureen Madhani, Mahima Golani, Joanna Pisacone

Center for Public Research and Leadership

Providing curriculum-based professional learning at scale is challenging, complex, and contextualized. It requires time, people, money, and expertise at the systems-level and at the ground-level. No single school system, organization, or actor can accomplish it alone. Instead, scaling the curriculum-based professional learning on which HQIM relies requires a field of diverse, interdisciplinary actors from across the education sector who collectively co-produce improved professional learning through research, strategy, policy, and direct service. Put another way, to strengthen educational experiences and outcomes for students, proponents of HQIM and curriculum-based professional learning must build a strong, resilient field of individuals and organiza­tions working …

Medicaid Expansion Expectations, Deborah Farringer

Law Faculty Scholarship

Although financial stability in rural hospitals has been a relatively long-standing national problem, in the last decade, hospital closures and the incidence of highly distressed hospitals in rural areas have disproportionately impacted certain states. States that have not expanded their Medicaid programs under the Affordable Care Act, which implemented a program to extend additional federal support to cover adults living below 138% of the federal poverty line (referred to herein as “Medicaid Expansion”), are bearing the brunt of this crisis. Although the reason for hospital closures is multi-faceted and complex, health policy experts have consistently identified the lack of Medicaid …

September 2022 Newsletter

Ergo

No abstract provided.

Solving The "King Lear Problem", Benjamin Means

Faculty Publications

In Shakespeare’s play, King Lear, an aging ruler relinquished control to two of his three daughters. The succession failed miserably, destroying his family and destabilizing his kingdom. King Lear shows why few family businesses survive beyond three generations. Understanding Lear’s failure is crucial to avoiding Lear’s fate, whether the family business in question is a monarchy, a media empire, or a hardware store. The conventional wisdom is that Lear gave away his kingdom too soon and left himself vulnerable to predatory heirs. This has been referred to as the “King Lear Problem.”

The conventional wisdom is wrong. Lear’s succession plan …

Reining In Repeat Offenders, Rohit Chopra

The Regulatory Review in Depth

No abstract provided.

Regulation Weakness And Lack Of Public Awareness Has Impeded The Implementation Of Environmental Policies In Saudi Arabia, Nada Gurmalla Algamdy

Dissertations & Theses

This research aimed to substantially illustrate that the weakness of environmental regulations and lack of public participation in urban planning alongside poor public awareness in Saudi Arabia has inhibited the implementation of environmental policies across this region. To study these issues, this research compared the Kingdom of Saudi Arabia (“KSA”) to the United States (“US”) building on numerous studies to illustrate how the identified weaknesses correlate with weak or ineffective environmental policies. It is well known that it would be better to use a European country “because it's known that the EU has tough environmental measures" as a model for …

Law Library Blog (September 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

International Investment Law And The Extractive Industries, Ella Merrill, Jesse Coleman, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment

As of April 2022, the United Nations Conference on Trade and Development (UNCTAD) tallied 3,218 international investment treaties, of which 2,558 are in force. Investors in extractive industries (the oil, gas, and mining sectors) have used investor-state dispute settlement (ISDS) mechanisms embedded in these treaties to challenge a wide range of host state actions and inactions that have allegedly negatively affected their investments. Those claims, and the threats thereof, restrict states’ ability to maximize the benefits, and their ability to limit environmental and social harms, resulting from the exploitation of natural resources. This briefing note provides an introduction to international …

Faq On The U.S. Archivist And The Future Of The Equal Rights Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

On Wednesday, September 21, 2022, the Senate will hold hearings on the nomination of Colleen Shogan as the new Archivist of the United States. This FAQ offers a short primer on what the Archivist does, her official role in the finalization of proposed amendments to the U.S. Constitution, including the Equal Rights Amendment (ERA), and the impact of Archivist action on the validity of the ERA.

Parading The Horribles: The Risks Of Expanding Religious Exemptions, Law, Rights, And Religion Project

Center for Gender & Sexuality Law

People of faith now have a constitutional right to practice their religion—even when doing so conflicts with a government law or policy — that is more rigorously protected than nearly any other right. Some states have passed bills that provide an even broader right to such “religious exemptions” from the law than provided under the U.S. Constitution. Other religious exemption bills have been introduced and await consideration.

Inconceivable Families, Malinda L. Seymore

Faculty Scholarship

Basic biology tells us that each child has no more than two biological parents, one who supplies the egg and one who supplies the sperm. Adoption law in this country has generally followed biology, insisting only two parents be legally recognized for each child. Thus, every adoption begins with loss. Before a child can be adopted, that child must first be cut off from their family of birth, rendering the equation of adoption one of subtraction, not addition. This Article examines the biological model of adoption that insists on mimicking the nuclear family—erasing one set of parents and replacing them …

Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray

Articles & Chapters

In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …

Secured Transactions Law In Asia: Principles, Perspectives And Reform By Louise Gullifer And Dora Neo, Wee Ling Loo

Research Collection Yong Pung How School Of Law

Secured Transactions Law in Asia: Principles, Perspectives and Reform is the third in a series of works that critically examine secured transactions law reform around the world. From a focus on reforms in Europe in the first book to reforms in Africa in the second, this third volume looks at Asia, and specifically at reforms in 13 major Asian jurisdictions: China, Indonesia, Japan, Philippines, South Korea, Taiwan, Thailand, Vietnam, Brunei Darussalam, Bangladesh, India, Pakistan and Singapore. The collection of essays by leading experts from academia, legal practice and the World Bank Group was first presented at a 2018 conference jointly …

Tax Challenges In Debt Financing Involving Digital Tokens, Vincent Ooi

Research Collection Yong Pung How School Of Law

When digital tokens are used in debt finance, one cannot assume that the same orthodox tax treatment will apply. The highly specific nature of tax provisions means that they may apply very differently once digital tokens rather than fiat currency are involved. Through a case study of Singapore law, this article shows that if debt finance transactions involving digital tokens are not carefully structured, there may be severe tax consequences, including the inability to deduct borrowing costs or benefit from common tax incentives, and the possible incurrence of additional tax liabilities. This article submits that, under Singapore tax law, it …

User Guided Abductive Proof Generation For Answer Set Programming Queries, Avishkar Mahajan, Martin Strecker, Meng Weng (Huang Mingrong) Wong

Research Collection Yong Pung How School Of Law

We present a method for generating possible proofs of a query with respect to a given Answer Set Programming (ASP) rule set using an abductive process where the space of abducibles is automatically constructed just from the input rules alone. Given a (possibly empty) set of user provided facts, our method infers any additional facts that may be needed for the entailment of a query and then outputs these extra facts, without the user needing to explicitly specify the space of all abducibles. We also present a method to generate a set of directed edges corresponding to the justification graph …

The Polar Silk Road And The Future Governance Of Northern Sea Route, Nengye Liu, Jan Jakub Solski

Research Collection Yong Pung How School Of Law

This article examines China’s Polar Silk Road (PSR) and its legal implications for the future governance of the Northern Sea Route (NSR). It first discusses China’s economic and geopolitical interests in the so-called Polar Silk Road. The article then focuses on comparing Russian regulation of the NSR and Chinese regulation of foreign vessels as a coastal state. Both China and Russia are contracting parties to the United Nations Convention on the Law of the Sea (UNCLOS). The comparison of domestic legislations aims to provide a detailed analysis on convergence and divergence of their implementation and enforcement of the UNCLOS on …

#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie Culver, Elizabeth A. Kronk Warner

Utah Law Faculty Scholarship

The entire world was shaken by the events of 2020—a year that the historians will pen with infamy. Along with a global health pandemic that tested both human frailties and social infrastructures, the world witnessed the devastation of George Floyd, an African American man, dying under the knee of Derek Chauvin, a White male police officer. The nation erupted. As 2020 ended, many organizations and institutions clamored both to process ethnic divides and injustices, and to gain tools and skills to create meaningful change and lasting impact. Legal education was one such institution. During the summer and fall of 2020, …

Artificial Justice: The Quandary Of Ai In The Courtroom, Paul W. Grimm, Maura R. Grossman, Sabine Gless, Mireille Hildebrandt

Judicature International

No abstract provided.