Digital Commons Network^™

International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Igor V. Timofeyev, Charles A. Patrizia, Joseph R. Profaizer

The Year in Review

No abstract provided.

International Criminal Law, Andrew Boyle, Beth Farmer, Timothy Franklin, Melissa Ginsberg, Leila Sadat

The Year in Review

No abstract provided.

International Courts & Judicial Affairs, Sara L. Ochs, Paula Henin, Paola Patarroyo, Haydee Dijkstal, Ira Trako, Kabir Duggal, Chloë Fletcher, Alexander Witt, Marc Weitz

The Year in Review

No abstract provided.

International Arbitration, Sergey Petrachkov, Daryna Hrebeniuk, Oksana Karel, Jeffrey Rosenthal, Katerina Wright, Keara A. Bergin, Christopher P. Denicola, Brendan Clancy, Patrick Roche, Marcus Walsh, Caoimhe Clarkin, Peter Ashford, Kate Felmingham, Antonio Canales, Marianne Chao, John Cooper, Michael P. Daly, Mercedes Fernandez, Carla Gharibian, Melissa Stear Gorsline, Haifeng Huang, Elie Kleiman, Annie Leaks, Fernando F. Pastore, Maria I. Pradilla Picas, Iris Sauvagnac, Cristina Perez Soto, Johannes Willheim, Joyce Fong, Christina Nitsche, Dan Perera, Anthony Lynch, Héctor Scaianschi Márquez, Preeti Bhangnani, Eric Lenier Ives, Fernando Navarro, Tom Pearson

The Year in Review

No abstract provided.

International Anti-Money Laundering, Albert Janet

The Year in Review

No abstract provided.

South Asia/Oceania & India, Kavita Mohan, Amy Tolbert Harris, Aseem Chawla, Sumit Khadaria, Austin J. Pierce, Namrata Patodia Rastogi, Sanjay Notani, Arunabh Choudhary, Aditi Joshi, Amit Gupta, Mansi Kukreja, Vidhi Goel, Ronjini Ray

The Year in Review

No abstract provided.

Mexico, Kelsey Quigley, Christopher Munoz, Cesar Conde, John Walsh, Sara Maldonado, Judith Wilson, Pedro Fernando González Maldonado, Estefania Diaz González, Bruce Greenberg, Mariano Carrizo, Karen Andrea Ortega Cajiga, Vanessa Romero-Rocha, Susan Burns, Rene Alva, Ernesto Velarde

The Year in Review

No abstract provided.

Front Matter

The Year in Review

No abstract provided.

Human Trafficking In Idaho: A Growing Issue And How Idaho Law Can Be More Effective, Blaykleigh Smythe

Idaho Law Review

Human trafficking has been a national problem since the beginning of the nation’s history and has created millions of victims and threatened the safety and freedom of our country. Since 2000, when the first comprehensive federal law to address human trafficking was passed, states have followed suit and passed their own versions of trafficking statutes. Many states have also recognized the growth of the problem and reformed their legislation to respond and provide resources for victims more effectively. This article discusses the importance of state legislation against human trafficking and analyzes Idaho’s own statute in comparison to other states. The …

We Can Protect The “Waters Of The United States” As Long As They Stay Out Of The Hydrological Cycle, Victoria Sutton

Idaho Law Review

The water cycle, including its oceans, surface water, wetlands, water vapor, clouds and groundwater, has resulted in a patchwork of statutes and regulations that fail to comprehensively protect the “waters of the United States.” This is not a simple "fix," and requires Congressional positivism rather than decades of relying on the judicial branch to resolve statutes that are ultimately not designed for true water protection. It is Congress’s role to resolve the wetlands protection issue, and it has avoided the responsibility probably for lack of a good solution. It would likely take a Constitutional amendment to bring the hydrologic cycle …

United States: Lehman Brothers Broker-Dealer Emergency Liquidity Program, 2008, Ayodeji George, Steven Kelly

Journal of Financial Crises

On Sunday, September 14, 2008, a deal to sell the United States investment bank Lehman Brothers Holdings Inc. (LBHI) to United Kingdom–based Barclays fell apart. US authorities informed LBHI that, given the lack of rescue funds, it would need to file for bankruptcy before Monday morning to avoid additional chaos for the firm and markets. However, authorities understood Barclays was still interested in buying Lehman’s broker-dealer subsidiary, Lehman Brothers Inc. (LBI). Federal Reserve and Treasury officials were concerned about the impact that the sudden failure of LBI could have on financial markets. LBI had $87 billion in secured overnight repurchase …

Switzerland: Credit Suisse Emergency Liquidity Program, 2023, Jack French, Owen Heaphy, Steven Kelly

Journal of Financial Crises

Credit Suisse (CS) faced multiple challenges leading up to March 2023 including a significant outflow of client funds in the fourth quarter of 2022 and reputational loss resulting from a number of scandals in the preceding years. On Wednesday, March 15, 2023, shortly after two high-profile bank failures in the United States, a high-ranking official of the Saudi National Bank, a major shareholder, publicly said it would not provide any more capital for the company. Despite a joint statement from the Swiss National Bank (SNB) and the Swiss Financial Market Supervisory Authority (FINMA) that CS was in compliance with capital …

Denmark: Roskilde Bank Emergency Liquidity Program, 2008, Bailey Decker

Journal of Financial Crises

Roskilde Bank A/S (Roskilde) was the eighth-largest bank in Denmark at the time of the Global Financial Crisis, with approximately 43 billion Danish kroner (DKK; USD 9.1 billion) in consolidated assets as of March 2008. Roskilde had considerable exposure to real estate and construction firms, prompting ratings downgrades and larger write-downs than expected in July 2008. On July 10, 2008, Roskilde asked for liquidity assistance from the Danish central bank, Danmarks Nationalbank (DNB). Later that day, DNB and the banking sector’s self-insurance group, the Private Contingency Association (PCA), announced emergency liquidity assistance to Roskilde in the form of an unlimited …

Department Of Managed Health, Zoe Bulls, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Some Perspectives On The Regulation Of Stablecoins, Carlos Cantú, Jon Frost, Thomas M. Noone

Law and Contemporary Problems

No abstract provided.

Proprietary Rights And Digital Assets: A "Modest Proposal" From A Transnational Law Perspective, Louise Gullifer, Ignacio Tirado

Law and Contemporary Problems

No abstract provided.

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …

Using Public Nuisance Litigation To Address Industrywide Misconduct: Common-Law Statutes, Nondelegation Doctrine, And Regulation By Litigation, Hillel Y. Levin, Timothy D. Lytton

DePaul Law Review

No abstract provided.

Industrywide Corruption In Three American Industries, Stephan Landsman

DePaul Law Review

No abstract provided.

Analyzing Qualitative Data Regarding Correctional Staff, Simone Martin-Howard

Open Educational Resources

This assignment, created by Simone Martin-Howard, Director of the MPA Public Policy and Administration Program and Associate Professor at John Jay College, asks students to analyze transcripts of qualitative interviews with correctional staff (officers and captains) at Rikers Island Jail. Students are guided through the process of first coding the texts of the transcripts, then analyzing the coded transcripts for emergent themes. Students ultimately present their findings in an oral presentation.

Tribute To Vanessa Merton, Paul Feiner

Pace Law Review

No abstract provided.

Vanessa Merton, In Her Own Words, Bennett L. Gershman

Pace Law Review

No abstract provided.

Garden Leave In The Garden State: The Next Page In New Jersey's Non-Compete Jurisprudence, Emma Riccardi

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Brief Of Amici Curiae 676 Law Professors In Support Of Plaintiff’S Motion For Summary Judgment And For Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert

Amicus Briefs

Amici 676 law professors submit this brief in support of Plaintiff Jenner & Block’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief (the “Motion”) to emphasize the threat that the President’s Executive Order (the “Order”) presents to the independence and integrity of the legal profession, the rights of clients to seek redress in the courts, and, by extension, the rule of law. As experts in constitutional law, legal ethics, and the history of the legal profession, among other fields, we have a significant interest in ensuring that the principles of free speech, freedom of association, the right …

Plaintiff-Appellant's Opening Brief, Amy V. Doukoure, John A. Meiser, Meredith H. Kessler, Domenic A. Canonico

Court Briefs

No. 24-2003
Marvin Owens v. Gary Schuette

On Appeal from the United States District Court for the Eastern District of Michigan Case No. 2:24-cv-10787

From the Summary of the Argument

This appeal requires the Court to correct an error below—derived from a recently abrogated error in this Court’s own precedent—that denies the full remedial protections enacted to safeguard religious exercise under RLUIPA. The only question is whether RLUIPA allows courts to award damages against counties and their officials. The only answer—especially following the Supreme Court’s unanimous interpretation of an identical provision in RFRA—is yes.

Beyond Data Deletion: Addressing Anticompetitive Conduct In The Era Of Machine Learning, Vaibhav Srikaran

Washington Journal of Law, Technology & Arts

Like a hamster wheel, the “virtuous cycle” of data collection, collation, and computation spins to create algorithms to assist modern business operations. Companies accumulate data by the terabyte with hopes that their army of data scientists can make sense of all the noise using machine learning. Potential profits encourage companies to seek out data—sometimes unlawfully through collusion. The use of unlawfully collected data in algorithms harms competition. Such data provides a competitive edge that is not accessible to all marketplace participants. Antitrust laws can police unlawful data sharing, but existing remedies are not effective for restoring competition.

Merely deleting ill-gotten …

Brief Of Amici Curiae Scholars For The Advancement Of Children's Constitutional Rights And Students Engaged In Advancing Texas In Support Of Respondents, Mahmoud V. Taylor, U.S. Supreme Court (No. 24-297), Tanya Washington, Jeremiah Chin, Sarah Medina Camiscoli, Travis F. Chance, Amalia Y. Sax-Bolder, Catherine E. Smith

Court Briefs

Amici are members of Students Engaged in Advancing Texas and United States legal scholars of children and the law, education law, family law, and anti-discrimination law.

Students Engaged in Advancing Texas is a nonprofit organization founded by young people to develop civic leadership and belonging and represents students of various faiths and identities who have an interest in the outcome of this case.

Amici draw this Court’s attention to the constitutional harms that public school students and LGBTQ+ students and students with LGBTQ+ parents would bear should the Court grant Petitioners’ injunctive relief.

Don’T Byte Off More Than You Can Chew: Ethical Considerations For The Estate Planner In The World Of Generative Artificial Intelligence, Gerry W. Beyer

St. Mary's Journal on Legal Malpractice & Ethics

Artificial intelligence (AI) is rapidly being incorporated into estate planning practices. AI products can increase the speed by which you prepare, review, and summarize estate planning related documents, tax returns, and client communications. Likewise, the speed by which you can conduct legal and financial research is faster than ever. This presentation is designed to explain how AI operates, the potential use of AI in your practice, warnings about the use of AI, techniques you may adapt to enhance your AI competency, and how to address the ethical issues that arise when using AI.

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights And Students Engaged In Advancing Texas In Support Of Respondents: Mahmoud V. Taylor, Catherine E. Smith, Tanya Washington, Jeremiah Chin, Sarah Medina Camiscoli, Travis F. Chance

Scholarly Articles

Amici are members of Students Engaged in Advancing Texas and United States legal scholars of children and the law, education law, family law, and anti-discrimination law.

Students Engaged in Advancing Texas is a nonprofit organization founded by young people to develop civic leadership and belonging and represents students of various faiths and identities who have an interest in the outcome of this case.

Amici draw this Court’s attention to the constitutional harms that public school students and LGBTQ+ students and students with LGBTQ+ parents would bear should the Court grant Petitioners’ injunctive relief.

Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee

St. Mary's Journal on Legal Malpractice & Ethics

Notwithstanding the increasing prevalence of artificial intelligence or AI in the legal field, Chief Justice Roberts recently predicted that “human judges will be around for a while.” The reason is that at this time, AI cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having AI replace human judges, some have explored whether AI can be used to assist human judges with their adjudicative and administrative responsibilities.

This Article focuses on a judge’s ethical obligations when encountering AI on both sides of the bench. That is, what do judicial ethics call for …