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Ndls Communicator: Week Of 03.18.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Stories: Kristina Swanson
• ND Law Galilee Program: Empowering public service paths
• Notre Dame Religious Liberty Clinic supports Hindu organization’s freedom to use its property for religious practice
• Divided Ninth Circuit rejects Apache religious challenge to mine development on sacred land at Oak Flat
• ND Law Global Human Rights Clinic files amicus brief in support of religious freedom in Ecuadorian abortion case
• ND Law School event explains the ICJ ruling on South Africa’s genocide case against Israel
• Derek Muller was quoted in an article by The Economist, CNN, Election Law Blog, and the Washington Post about …

Mmu: 03/18/24–03/24/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 66, No. 09 (March 18, 2024)

Indiana Law Annotated

No abstract provided.

Kwanza Jones, Class Of 1999, Honored At 14th Annual Ballsa Celebration, Black, Asian & Latino Law Students Association (Ballsa)

Cardozo News 2024

Warmly lit trees and the Yeshiva Jazz Ensemble set the scene for the 14th annual BALLSA Celebration that honored philanthropist Kwanza Jones, Class of 1999, on February 28. The event brought in a record $60,000, which went toward funding four merit-based scholarships, while the law firm Morrison Cohen presented the $5,000 Morrison Cohen Summer Award to a fifth student.

Cardozo Moot Court Honor Society Wins Championship At John J. Gibbons Moot Court Competition, Cardozo Moot Court Honor Society

Cardozo News 2024

The Cardozo Moot Court Honor Society took home the championship at the John J. Gibbons Moot Court Competition on March 15-16.

Cardozo competed in the annual competition at Seton Hall Law School and earned top honors against a field of 46 teams. Coached by Zoe Cebulash, the team's two oralists were Linzy Dineen and Matt Scaptura.

Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

García Asto And Ramírez Rojas V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Duque V. Colombia, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Case Of The "Caracazo" V. Venezuela, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Contreras Et Al. V. El Salvador, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Pavez Pavez V. Chile, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Application And Effectiveness Of Artificial Intelligence For The Border Management Of Imported Frozen Fish In Taiwan, Wen-Chin Tu, Wan-Ling Tsai, Chi-Hao Lee, Chia-Fen Tsai, Jen-Ting Wei, King-Fu Lin, Shou-Mei Wu, Yih-Ming Weng

Journal of Food and Drug Analysis

In Taiwan, the number of applications for inspecting imported food has grown annually and noncompliant products must be accurately detected in these border sampling inspections. Previously, border management has used an automated border inspection system (import food inspection (IFI) system) to select batches via a random sampling method to manage the risk levels of various food products complying with regulatory inspection procedures. Several countries have implemented artificial intelligence (AI) technology to improve domestic governmental processes, social service, and public feedback. AI technologies are applied in border inspection by the Taiwan Food and Drug Administration (TFDA). Risk management of border inspections …

A New Reporter Confronts The Supreme Court’S Unpublished Decisions, Peter W. Martin

Cornell Law Faculty Working Papers

For over two hundred years, the United States Supreme Court has been served by an officially designated “Reporter” charged with overseeing the publication of its decisions. While the statutory framework within which the Court’s Reporter of Decisions must operate has been revised from time to time, it has always reflected the need for that publication to be timely. It has also been focused solely on the production of printed volumes, a growing anachronism in an era of linked and searchable law data. Because of the disconnect, delays in official publication of the Court’s decisions grew over the course of this …

Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman

The Scholar: St. Mary's Law Review on Race and Social Justice

Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.

Consequently, the legal profession must …

Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.

For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …

Identifying And Responding To Privacy Dark Patterns, Dominique Kelly, Jacquelyn Burkell

FIMS Publications

Privacy dark patterns are user interface design strategies intended to “nudge” users to reveal personal data, either directly or by enabling (or failing to disable) privacy-invasive platform/profile settings. Examples of privacy dark patterns on social media include defaults that enable the public display of posted content, warnings that follow attempts to reject personalized ads, and hidden “skip” buttons that make it more challenging to decline privacy-undermining requests such as to sync contacts.

Our project aims to minimize the impact of privacy dark patterns on Canadian youth. Building on our prior research documenting the use of these strategies on five social …

Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, The Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law

Event Invitations 2024

The recent conduct of Supreme Court justices and lawyers acting on behalf of former president Trump has led many to think that something has gone profoundly wrong at the most elite levels of the American legal profession.

Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law

Flyers 2023-2024

No abstract provided.

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Cardozo’S Entertainment Law Week Showcases Alumni Who Have Made It In The Industry, Cardozo Fame Center

Cardozo News 2024

The FAME Center hosted a series of panels and information sessions throughout the week of March 4 for students interested in pursuing careers in entertainment law. FAME alumni spoke about their experiences and how they got where they are now, while current students were able to ask questions, engage and network with them. The panels touched on a variety of topics, including art, theatre and breaking into entertainment law.

Cardozo Law News Brief: March 15, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Myriam Gilles
• Jocelyn Getgen Kestenbaum
• Alma Magana
• Michel Rosenfeld

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman

Texas A&M Law Review

This Note analyzes a 2022 Fifth Circuit opinion concerning two issues: first, whether local delivery drivers are engaged in interstate commerce, and second, who decides challenges to arbitrability. In Lopez v. Cintas Corporation, the Fifth Circuit first held that local delivery drivers are not engaged in interstate commerce because they do not play a direct and necessary role in interstate commerce. Second, the court held that the arbitrator decides challenges to the validity of arbitrability when the challenge could also, if successful, attack the validity of the entire contract. The Fifth Circuit used incorrect reasoning, overemphasizing the crossing of …

Approaches To Regulating Privacy Dark Patterns, Matthew Gaulton, Dominique Kelly, Jacquelyn Burkell

FIMS Publications

In this paper, we will evaluate new bills slated to replace the Personal Information Protection and Electronic Documents Act (PIPEDA) and offer stronger privacy dark pattern protections to Canadians.

Existing scholarship in the realm of privacy law, such as “Deceptive Design and Ongoing Consent in Privacy Law” by Jeremy Wiener and “Privacy Dark Patterns: A Case for Regulatory Reform in Canada” by Ademola Adeyoju, primarily focuses on creating frameworks for understanding privacy dark patterns in the law and explaining the pitfalls and legal inadequacies surrounding dark pattern legislation in Canada.

However, the aim of this paper diverges significantly. While acknowledging …

The Meaningless Sorry: The Risks Of Intersecting Apology Laws With Medical Malpractice Liability, Reid Byers

DePaul Journal of Health Care Law

No abstract provided.

The Anticipated And Actual Impact Of Apology Laws: How Much Is An Apology Worth?, Leah Carter

DePaul Journal of Health Care Law

No abstract provided.

Neuroscience And The Criminal Legal System: A Humanitarian Application Framework, Dorothy Hayes

DePaul Journal of Health Care Law

Advancements in neuroscience call our intuitive notion of free will into question—and by implication, invite a reassessment of the United States criminal legal system and its reliance on radical personal agency. In the backdrop of the evolving landscape of neuroscience and neurolaw is an inquiry: how do we appropriately and ethically incorporate advancements of these fields into law and policy? This paper pulls that question to the forefront, advocating for a humanitarian-forward framework to guide the process. The framework emphasizes the Daubert standard, addresses the “G2i” problem, and includes a balancing test to ensure the protection of neurorights. The paper …

Through My Mothers Eyes: Holocaust Survivor Micha Tomkiewicz, Cardozo Jewish Law Student Association (Jlsa)

Flyers 2023-2024

No abstract provided.