Law Commons^™

The Flourishing Race: How The Success Of American Indian Artist-Entrepreneurs Underscores The Need For Enhanced Legal Protections For Native Intellectual Property, Jessica Roberts

American Indian Law Journal

No abstract provided.

Aboriginal Rights And Constitutional Conflict: The Marshall Court, State And Federal Sovereignty, And Native American Rights Under The 1789 Constitution, Guy Charlton

American Indian Law Journal

No abstract provided.

Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore

American Indian Law Journal

In 1976, Congress passed the Resource Conservation and Recovery Act (“RCRA”) to curtail the growing problem of disposing of hazardous waste and toxic substances generally. Decades prior, Congress established the Federal Tort Claims Act (“FTCA”) to hold the federal Government liable for tortious conduct the same way a private citizen would be. The federal government assumed the responsibility to ensure the wellbeing of Native Nations (“NN”). This is commonly referred to the “Trust Doctrine.” This duty stems from the settlement of Native American lands, and a recognition of the treaties entered into by the United States with a “moral [obligation] …

Green Means Go: Tribes Rush To Regulate Cannabis In Indian Country, Julie Kim, Jessica Roberts

American Indian Law Journal

During the Obama administration, the United States Department of Justice (DOJ) issued a series of memos stating that the federal government would not interfere with state laws legalizing cannabis. The United States Attorney General later expressly extended this policy to Indian Country. As a result, tribes began debating potential advantages and disadvantages of participating in the cannabis market. Then, in January 2018, the DOJ rescinded the memos and publicly recommitted itself to prosecuting the possession, cultivation, and distribution of marijuana. Consequently, tribes should approach “The Green Rush” as an exercise of their sovereignty; when a tribe decides to legalize or …

Case Law On American Indians August 2018-2019, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Modernizing The Workplace: The Third Circuit Puts The Faragher-Ellerth Affirmative Defense In Context, Matthew D. Venuti

Villanova Law Review

No abstract provided.

Fighting On Behalf Of The Salish Sea, Cloie M. Chapman

American Indian Law Journal

Despite the wealth of data that suggests climate change will disrupt our ecosystems, key political actors have declined to take action to mitigate the anticipated effects. Further, we have seen deeper investment into the fossil fuel industry, an industry that has been a substantial contributor to climate change. Community-led movements have proven more successful in engaging with these issues on the ground. Creative legal strategies could aid in this movement and allow for strengthened enforcement of rights that are closely dependent on the health of the environment.

The Salish Sea is a body of water that reaches from Western Canada …

Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell

Journal of Legal Education

No abstract provided.

Crazy Rich Karachi — Where The Streets Are Paved With Gold, Murtaza Irfan Ali

MSJ Capstone Projects

Karachi happens to be Pakistan’s economic powerhouse but the irony is it never received its fair share of development. Which is why, to this day, I have no clue where to park, when I visit the southern district of the city. The random and sporadic parking has costed me with a hundred scratches and 2 pairs of side-view mirrors during the course of a year. So to find exactly where I could safely and “legally” park, I set out to find some answers.

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …

Another Shot At Rectifying The District Of Columbia V. Heller Ambiguities: The Constitutional Right To Arms, The Nonconstitutional Right To Arms, And The Commerce Clause, Noah Gaarder-Feingold

San Diego Law Review

In an article for The New Yorker titled Active Shooter, David Sedaris quipped that, in preparing for the potential that a psychopath might break into his home, he would just as soon have a back door as a gun. Sedaris wrote the article after visiting a shooting range in North Carolina. Before, during, and after the writing of the article, Sedaris lived in the United Kingdom and noted that in the United Kingdom, it is nearly impossible to acquire a handgun let alone fire a handgun for sport.

Conversely, in the United States, a citizen has a right to a …

Introduction, Loretta Price

College of Law Library History

This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law

Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

December 13, 2019 letter to EPA providing additional comments on the Fourth Five Year Review and related documents which must analyze whether the cleanup is protective of human health and the environment: the Navy’s risk assessment should consider consumption of produce grown on the former shipyard; the Navy must provide rationale for the remedial goal used for radium-223; the retesting must use adequate sensitivity to detect radioactivity far below the current remedial goals which are not protective, and; the Navy continues to make unfounded assertions about the protectiveness of the remedy. (6 pages)

Finding Justice, Hannah Miller

Capstones

Finding Justice tackles the devastation caused by wrongful conviction through the journey of Jeffrey Deskovic. After serving 16 years in prison for a murder he didn’t commit, Deskovic has strived to rebuild his life. The film follows him as he finishes law school and runs a foundation that frees the wrongfully convicted, all while dealing with lingering trauma.

Employee Mobility And The Low Wage Worker: The Illegitimate Use Of Non-Compete Agreements, Jacqueline A. Carosa

The Docket

No abstract provided.

Discipline Or Destiny: A School-To-Prison Pipeline Story, Trayonna Hendricks, Kourtney Webb

Capstones

The school-to-prison pipeline is a phenomenon by which students, mainly students of color, are pushed out of schools and into juvenile detention centers and through the criminal justice system. This documentary series explains and displays what "the school-to-prison pipeline looks like through a personal story.

https://readymag.com/u1985351703/1646028/

After 31 Years In Prison, Lee Chalk Asks For Forgiveness., Jeffery Harrell, Brenda Leon

Capstones

Lee Chalk has spent more than three decades in state prison, and is now applying for executive clemency to have his sentence ended early. He is guilty of a crime, being involved in an armed robbery turned deadly which killed two people. Our project explores the potential for transformation and rehabilitation inside prison, and the personal and political ramification of mass incarceration and extreme sentencing.

https://medium.com/p/738d1cb28532/edit

A shorter version of the capstone was also published with Gothamist here: https://gothamist.com/news/ny-prison-clemency-parole-cuomo

Clemency Gives A Renewed Sense Of Hope To A Man Incarcerated For 39 Years, Annie Todd, Stephanie Chukwuma

Capstones

Paul Clark has spent the past 39 years incarcerated in New York prisons. He was 19 when he first went inside because he murdered a 17-year-old at an East Flatbush summer block party. A few years later, 25 years was added to his sentence for a crime he says he never committed. He's asked Governor Andrew Cuomo for clemency in 2019.

https://medium.com/@annietodd203/clemency-gives-renewed-sense-of-hope-to-man-incarcerated-for-39-years-44a8ee58db2e

Ny State Marijuana Law Clears The Records Of Thousands, But Will It Help Immigrants?, Jaime Longoria, Harsha Nahata

Capstones

In July 2019, Governor Cuomo signed legislation that would clear criminal records for over 200,000 people with marijuana related convictions and reduce punishment for possession. But, there’s one group of New Yorkers who are left out — and that’s immigrants. With over 4 million immigrants in New York State, the lives of those with prior marijuana convictions are still in limbo. Harsha Nahata and Jaime Longoria spoke with immigrants and advocates to find out why. The full story can be found here: https://jaimelongoria.github.io/nys-marijuana-law/

Reply To “How Foot Voting Enhances Political Freedom”, James Allan

San Diego Law Review

My job is to comment briefly on Ilya Somin’s Article, How Foot Voting Enhances Political Freedom. Of necessity, then, I will be selective. The thrust of the Article—which appears to be an excerpt from an upcoming book—is that “ballot box voting” compares unfavorably to “foot voting.” The terms are Somin’s, not mine. The former phrase refers to what we would normally just call “voting.” The latter refers to what would normally fall under the aegis of migration, immigration, emigration, or even moving to another jurisdiction. And when we compare those two alternatives—voting in a democratic election and picking up one’s …

Featurization And The Myth Of Data Empowerment, Nur Lalji

Washington Journal of Law, Technology & Arts

Every day, we make a series of tradeoffs between privacy and convenience. We may check our email, post on social media, use the free Wi-Fi in public spaces, or take our cellphones with us wherever we go without a clear understanding of what information we are giving away when we do so. Increasingly, we are seeing products that claim to defy this opaqueness associated with big data and put users at the helm of their information. These "featurized" products wrap themselves in a data empowerment narrative, but ultimately erode individual privacy in new ways, sometimes even capitalizing on it. This …

Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker

Washington Journal of Law, Technology & Arts

Society has a love-hate relationship with social media. Thanks to social media platforms, the world is more connected than ever before. But with the ever-growing dominance of social media there have come a mass of challenges. What is okay to post? What isn't? And who or what should be regulating those standards? Platforms are now constantly criticized for their content regulation policies, sometimes because they are viewed as too harsh and other times because they are characterized as too lax. And naturally, the First Amendment quickly enters the conversation. Should social media platforms be subject to the First Amendment? Can—or …

Justice Department Inspector General’S Report Raises Troubling Questions About Fbi’S Role In Fisa Cases, Peter Margulies

Law Faculty Scholarship

No abstract provided.

How Foot Voting Enhances Political Freedom, Ilya Somin

San Diego Law Review

To the extent we value political freedom in any significant sense, we should also assign a high value to foot voting. Freedom of choice through foot voting, and the freedom of movement that make it possible, cannot be absolute principles that always trump other considerations. But there should be at least a substantial presumption in their favor.

My analysis also emphasizes the fundamental similarity between three different types of foot voting that are usually considered to be very different from each other: interjurisdictional foot voting in federal systems, foot voting through international migration, and foot voting in the private sector. …

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

SUPPLEMENTAL REPLY BRIEF OF APPELLANT

Pursuant to the Order of the Utah Court of Appeals dated June 18, 2019, to provide
supplemental briefing on "the failure to investigate alibi witnesses and to present a
timeline" issues on Rule 23B remand

ORAL ARGUMENT REQUESTED

Nof Kdumim: Remaking The Ancient Landscape In East Jerusalem’S National Parks, Irus Braverman

Journal Articles

This article explores two national parks in East Jerusalem and their legal administration as the focus of contradictory and complementary attempts at preservation, colonization, and normalization. Drawing on in-depth interviews with, and observations of, officials from the Israel Nature and Parks Authority and others, I expose the Judaizing of the landscape in Jerusalem. Nature never stands for itself; it is always an echo of a human presence and, in this case, of a Jewish past and its modern reunion. The project of imagining the natural landscape as one that embodies an ancient past—what Israeli officials have referred to in our …

What’S Good For The Goose Is Good For The Gander, Or Is It? The Pitfalls Of Using The Court’S Neoliberal Construction Of The First Amendment To Protect Secondary Picketing, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)

Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409

Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409